CNH INDUSTRIAL

AFS CONNECT – Get Connected

Terms & Conditions

Effective — August 1, 2023

I. CONNECTIVITY PROGRAM. The AFS CONNECT – Get Connected (the “Program”) is a program offered by CNH Industrial America LLC and its affiliates (“CNH”, “us” or “our”) to you. By enrolling in, or otherwise participating in, the Program, you will receive a 1-year subscription to AFS CONNECT at no cost applicable to a selected unit of used CNH Industrial equipment. These Terms & Conditions, all of which may be amended from time-to-time in CNH’s sole discretion (collectively, the “Terms”), contain information about the relationship between you and CNH with respect to the Program and apply to you if you enrolled in the Program.

II. GENERAL. By enrolling in, or otherwise participating in, the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by these Terms, including the Program’s Privacy Notice, and as well as the terms and conditions of the separate Telematics End-User License Agreement. CNH reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice of such modifications. Any updates to these Terms will be effective immediately, and your continued membership in the Program will constitute your acceptance to such modifications. These Terms constitute a legally binding agreement between CNH and each individual who enrolls or otherwise participates in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms.

III. ELIGIBILITY. The Program is only open to individuals domiciled in the United States (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) and Canada. You must be at least 18 years of age to be eligible. Eligible equipment are Model Year 2020 or newer of the following: AFS Connect Magnum tractors, AFS Connect Steiger tractors, 250 Series Axial-Flow Flow combines, or Patriot Series sprayers. You must also have or create a MyCaseIH Account and an AFS CONNECT Account. Program membership is available only to natural persons and Farming Entities. The following entities are ineligible to participate in the Program:  dealers, distributors, resellers, non-profit organizations, or governmental agencies, and CNH may disqualify any such entity discovered to be enrolled in the Program. “Farming Entities” shall mean any sole proprietor, business or corporation engaged in the agricultural industry producing commodity crops.

IV. ENROLLMENT.

a. Enrollment Channels. Eligible customers may enroll by filling out the form located at www.caseih.com/getconnected.

b. Enrollment Process. At the time of enrollment, you may be requested and/or required to provide certain information, including without limitation, your first and last name, the business name and/or Farming Entity name which you may represent, your address or the business’ address, e-mail address, telephone number, your MyCaseIH username (needed for transferring a machine to your account), and the serial number of the machine(s). Failure to provide valid or accurate information may be determined to be a violation of these Terms and subject to termination, closure, and/or deactivation.

V. PROGRAM FEATURES & BENEFITS.

a. AFS CONNECT Subscription. Program participants will receive a one (1) year subscription to AFS CONNECT from CNH at no cost starting on the date in which AFS CONNECT is activated on your eligible CNH Industrial equipment. Thereafter, the subscription to AFS CONNECT will automatically renew, at our discretion and at no cost to you, either (a) each year, or (b) for an additional one (1) year.

VI. AFS CONNECT ACCOUNT ACCESS & MEMBER COMMUNICATIONS.  You may access your MyCaseIH or AFS CONNECT Account and view your activity. By enrolling or otherwise participating in the Program, you agree to receive emails and promotional email offer updates from CNH, including, without limitation, emails relating to the Program and/or other CNH promotions, offers, and/or programs. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from CNH e-mails, you may no longer receive some Program benefits which are distributed by email.

VII. PROGRAM MODIFICATION AND TERMINATION.  The Program, its benefits, and the interpretation/application of its Terms are offered at the sole discretion of CNH. CNH reserves the right to modify the Program and any of the Terms, features or benefits at any time with or without notice to you. The Program has no predetermined termination date and may continue until such time as CNH elects, in its sole discretion, to terminate the Program. In addition, CNH reserves the right, in its sole discretion, to extend additional benefits or promotional offers to certain Members based on purchase activity or volumes and Program participation. CNH reserves the right to add, remove, modify or otherwise change promotional opportunities at any time, in its sole discretion, with or without notice to you.

VIII. ACCOUNT CLOSURE.  CNH may, in its sole discretion, terminate, close, and/or deactivate any MyCaseIH or AFS CONNECT Account(s) that it deems, in its sole discretion, is inactive. Account holders who independently desire to close their AFS CONNECT Account may do so by either contacting your CaseIH dealership or contacting the CNH customer care representatives at toll-free number 1-877-422-7344.

In addition, CNH may terminate, close, and/or deactivate any MyCaseIH or AFS CONNECT Account without notice if, in CNH’s sole discretion, a Member becomes ineligible at any time and/or if any of these Terms are violated.

IX. ADDITIONAL TERMS.

a. Telematics Privacy Statement.  By enrolling or otherwise participating in the Program, and as a participant of the Program and through your use of the Telematics services, you acknowledge, consent and agree to the collection, use and processing of all personal information collected, used and processed by CNH and CNH’s affiliates as well as third parties to carry out the Program or provide Telematics services to you on CNH or it’s affiliate’s behalf and as otherwise set forth in our Telematics Privacy Statement.

b. Trademarks.  “CNH Industrial”, “AFS CONNECT”, as well as related product and service names, design marks and slogans, are registered trademarks of CNH or its affiliates.

c. ARBITRATION.  PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED IN THIS PROVISION, OR OTHERWISE FALL UNDER AN EXCEPTION AS DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOU. THIS SECTION PROVIDES THAT DISPUTES UNDER THESE TERMS MAY BE RESOLVED BY EITHER YOU OR CNH THROUGH BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, HAVE A JURY TRIAL OR INITIATE OR PARTICIPATE IN A CLASS ACTION. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY. ARBITRATION PROCEDURES CAN BE SIMPLER AND MORE LIMITED THAN IN COURT. THIS ARBITRATION PROVISION IS GOVERNED BY THE FEDERAL ARBITRATION ACT (FAA) AND SHALL BE INTERPRETED IN THE BROADEST WAY THE LAW WILL ALLOW.

As used in this arbitration provision, a "Dispute" means any claim or controversy between us that in any way arises from or relates to your participation in the Program, including, without limitation, the receipt of any offer or other Program benefit(s). Disputes will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, CNH and you each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate Disputes. There is no judge or jury in arbitration and court review of an arbitration award is very limited. The scope of discovery is usually more limited in arbitration than in court. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the CNH Legal Department, located at: Legal Department, 700 State Street, Racine WI 53404 or we must send a written notice to you at the most current address we have on file for you. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Consumer Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

CNH and you each agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. CNH and you each hereby waive the right to participate in any class action, whether in court or arbitration. If for any reason a claim proceeds in court rather than in arbitration, CNH and you each waive any right to a jury trial.

This arbitration provision shall survive changes to these Terms and termination of the Program, MyCaseIH account, AFS CONNECT account, and/or the relationship between you and us, including the bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative claim. This arbitration provision may not be amended, severed or waived, except as provided in these Terms or in a written agreement between you and us.