Deere & Company

If you use Deere's Operations Center PRO diagnostic/software service and live in a jurisdiction where this clause is enforceable, you must take disputes to a single private arbitrator with 10+ years in the computer industry in Rock Island, Illinois — Deere's backyard — rather than to court. No explicit class-action waiver, and the clause is conditional rather than blanket, so it scores lower than a standard forced-arbitration provision.

IF YOU RESIDE IN A JURISDICTION WHEREIN THE ENFORCEABILITY OF ANY TERM OR TERMS IN THIS AGREEMENT IS DEPENDENT UPON THE PARTIES AGREEING TO SUBMIT TO ARBITRATION, THEN ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT SHALL BE DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND THE SUBSTANTIVE LAWS OF THE STATE OF ILLINOIS. THE ARBITRATION SHALL BE HELD BEFORE ONLY ONE ARBITRATOR WITH AT LEAST TEN (10) YEARS EXPERIENCE IN THE COMPUTER INDUSTRY. THE PLACE OF ARBITRATION SHALL BE ROCK ISLAND, ILLINOIS, USA.

John Deere Operations Center PRO Service License Agreement, Section 6.E

Deere can change the MyJohnDeere terms and you are treated as having agreed unless you actively object. If you do object, Deere may simply cut off your account. Your choices are: silently accept changes, or lose access.

The amendment is deemed to have been approved by You if you have not objected to the amendment before the proposed date for the amendments to take effect... In case you object to the amendment, we are entitled to terminate Your use of the Site as set forth in Section 10.

MyJohnDeere Terms & Conditions R2, Section 2

The PRO Service agreement can be rewritten by Deere at any time, and the mere act of continuing to use the software counts as consent to the new terms — a keep-using-it-equals-you-agreed clause.

Any such modification will become effective, going forward, upon our posting of new Agreement. You acknowledge and agree that your continued access to or use of the Licensed Software after any modification to this Agreement confirms your acceptance of the modified Agreement.

John Deere Operations Center PRO Service License Agreement, Section 6.K

Telemetry data streamed from your tractor or construction machine — location, usage, diagnostics — can be used by Deere and its dealers for virtually any business purpose, including product development and marketing, not just the service you signed up for.

John Deere and Authorized Dealers may use System Data for their business purposes, including, but not limited to: (a) to provide services to Customer, (b) to check, maintain, diagnose, update or repair Customer's equipment, (c) to enable John Deere or a third party to improve or develop John Deere products, John Deere services, or components of John Deere products and services, (d) to help Customer manage a fleet, (e) to identify new usage types of equipment, (f) to comply with or enforce legal or contractual requirements... (g) to offer Customer products or services...

John Deere Telematic Subscription Contract, Section 3

Even after your telematics subscription ends, Deere keeps access to and use of your machine data — past, present and future — until you proactively request removal. The data tap is on by default and stays on.

UNLESS AND UNTIL CUSTOMER REQUESTS REMOVAL OF JOHN DEERE'S ACCESS TO AND USE OF SYSTEM DATA, AS SET FORTH IN SECTION 3.4 BELOW, JOHN DEERE WILL CONTINUE TO HAVE ACCESS TO AND USE OF PAST, CURRENT AND FUTURE SYSTEM DATA DURING AND AFTER THE TERM OF THIS CONTRACT AND THE SUBSCRIPTION PERIOD.

John Deere Telematic Subscription Contract, Section 3.3

Anything you submit or that flows through Operations Center PRO becomes permanently and freely usable by Deere for any purpose — including being aggregated and handed to third parties. On termination you must delete your own copies and certify it, while Deere keeps everything it took.

You hereby grant Deere a fully paid, perpetual, worldwide, transferrable license to use any information, including but not limited to all Content that you submit, transmit, or otherwise make available for any purpose, including but not limited to developing and improving the Licensed Software and Content... you acknowledge and agree that we may aggregate your data with other data or create derived data and use the same for any lawful purpose, including with the aim of making available such aggregated data or derived data to third parties.

John Deere Operations Center PRO Service License Agreement, Section 3.D