Last Modified: October, 2023
ACCEPTANCE OF THE TERMS AND CONDITIONS
These terms and conditions, collectively referred to as the “Terms of Acceptance,” establish a legally binding agreement between you and DIESEL TRUCK REPAIR LLC and its affiliated entities (“Company,” “we,” “us,” or “our”) and govern your use of this website and any other websites connected to these Terms of Acceptance, including any content, features, and services provided on or through these websites (collectively, the “Website”).
Before you begin using the Website, please carefully read and consider the Terms of Acceptance. By accessing and utilizing the Website, you indicate your acceptance and consent to be bound by these Terms of Acceptance and our Privacy Policy, which is incorporated herein by reference. If you do not wish to accept these Terms of Acceptance or the Privacy Policy, you must refrain from accessing or using the Website.
CHANGES TO THE TERMS OF ACCEPTANCE
We reserve the right to modify and update these Terms of Acceptance at our sole discretion. Such changes become effective immediately upon posting. By continuing to use the Website after we post revised Terms of Acceptance, you demonstrate your acceptance and agreement to these changes.
ACCESSING THE WEBSITE AND SECURITY OF YOUR ACCOUNT
We retain the right to withdraw or amend the Website, along with any services or materials provided on the Website, without prior notice at our sole discretion. We will not be held liable if, for any reason, the Website or any part of it becomes inaccessible at any time or for any duration. Periodically, we may restrict access to specific sections of the Website or the Website in its entirety, as applicable, to users, including registered users.
Your responsibilities include:
- Making the necessary arrangements to access the Website.
- Ensuring that any individuals accessing the Website through your internet connection are familiar with these Terms of Acceptance and comply with them.
In order to access the Website or certain resources it offers, you may be required to provide specific registration information or other details. It is a condition of your usage of the Website that all the information you provide is accurate, current, and complete. You agree that any information you provide during registration on the Website or through the use of any interactive features is subject to our Privacy Policy, and you consent to all actions we take concerning your information in accordance with our Privacy Policy.
If you opt to, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat this information as confidential and not disclose it to any other individual or entity. You also acknowledge that your account is personal to you, and you agree not to grant any other person access to the Website or any part of it using your username, password, or other security information. You commit to promptly notifying us of any unauthorized access to or usage of your username, password, or any other security breach. Additionally, you agree to log out of your account at the conclusion of each session. Exercise particular caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or personal information.
We hold the right to deactivate any username, password, or other identifier, regardless of whether chosen by you or provided by us, at our sole discretion at any time for any reason or no reason, including if we believe you have violated any provision in these Terms of Acceptance.
INTELLECTUAL PROPERTY RIGHTS
The Website, along with its entire contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, and the design, selection, and arrangement of such content), is owned by the Company, its licensors, or other material providers, and is protected by United States and international laws governing copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights. These Terms of Acceptance allow you to use the Website solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or transmit any Website material except as follows:
- Your computer may temporarily store copies of such materials in RAM as an incidental part of accessing and viewing those materials.
- Your web browser may cache certain files automatically to enhance display performance.
- You may print a single copy of a reasonable number of Website pages for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device for your own personal, non-commercial use, provided you agree to abide by our end-user license agreement for such applications.
It is prohibited to access or use any part of the Website or any services or materials available on the Website for commercial purposes. If you copy, modify, download, or otherwise use or provide access to any part of the Website in violation of these Terms of Acceptance, your right to use the Website will cease immediately. At our discretion, you may be required to return or destroy any copies of materials you have made. No right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are retained by the Company. Any usage of the Website not expressly allowed by these Terms of Acceptance constitutes a breach and may infringe upon copyright, trademark, and other laws.
TRADEMARKS
The name of the Company, the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not utilize such marks without prior written permission from the Company. All other names, logos, product and service names, designs, and slogans featured on the Website are trademarks of their respective owners.
PROHIBITED USES
You are permitted to use the Website solely for lawful purposes and in compliance with these Terms of Acceptance. You agree not to use the Website:
- In a manner that breaches any applicable federal, state, local, or international law or regulation, including but not limited to any laws regarding data or software export to or from the United States or other countries.
- To transmit or solicit the sending of any advertising or promotional materials, such as “junk mail,” “chain letters,” or “spam,” or any similar form of solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including by using email addresses associated with any of the aforementioned.
- To engage in any conduct that inhibits or restricts anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company, the Website, or its users, or expose them to liability.
Furthermore, you agree not to:
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website.
- Launch an attack on the Website, whether through a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, make any attempts to interfere with the proper functioning of the Website.
LIMITATION ON LIABILITY
Under no circumstances shall the Company, its affiliates, subsidiaries, licensors, service providers, employees, agents, officers, or directors be held liable for any damages of any nature, irrespective of the legal theory underpinning such liability, arising from or related to your use or inability to use the Website, any websites linked to it, any content on the Website, or such other websites, or any services or items obtained through the Website or such other websites. This includes, but is not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether such damages are caused by tort (including negligence), breach of contract, or otherwise, even if they were foreseeable.
The foregoing disclaimer of liability does not affect any liability that cannot be excluded or limited under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising from or related to your violation of these Terms of Use or your use of the Website. This includes, but is not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION
All matters concerning the Website and these Terms of Use, as well as any disputes or claims arising from or related to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provisions or rules (whether of the state of Florida or any other jurisdiction).
Any legal proceedings, actions, or lawsuits arising from or related to these Terms of Use or the Website shall be exclusively initiated in the applicable federal or state courts located in Orlando, Florida. You hereby waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
LIMITATION ON TIME TO FILE CLAIMS
Any cause of action or claim you may have arising from or related to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues. Failure to do so will permanently bar such cause of action or claim.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Moreover, any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy collectively constitute the sole and complete agreement between you and us regarding the Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether in written or oral form, regarding the Website.
DIESEL TRUCK REPAIR ORLANDO LLC | 2023 ®
