TERMS
OF USE
Acceptance of Terms
Welcome to Diesel Specialists, LLC (DSL). DSL provides its services to you,
subject to the following terms of service, which may be updated by us from time
to time without notice to you. Your use of this Web Site constitutes your
agreement to the following terms and conditions. If you do not agree with any
part of these conditions, you may not access or otherwise use the Web Site.
Ownership
This Web Site is the copyrighted property of DSL and/or its various third party
providers and distributors. All information, including, without limitation
text, graphics, software and all HTML, CGI and other codes and scripts in any
format used to implement the Web Site (“Content”) are the property of DSL
and/or its third party providers and distributors. The content on the Web Site
is for personal use only. You may not copy, modify, download, upload, transmit
(re)publish or otherwise distribute any content from the Web Site except as
expressly permitted by these terms and conditions. Doing so will violate DSL
copyright, trademark and other proprietary rights. Nothing contained in the
Terms and Conditions shall be deemed to give you any rights in or to any
Trademarks, potential trademarks or copyrights of DSL.
Description of Services
DSL provides users with the access to a rich collection of on-line resources,
including, various information tools and product specific information provided
by third parties. You understand and agree that the service is provided “as is”
and that DSL assumes no responsibility for the descriptions, availability or
misquotations of offers and programs provided by the supplier or their agents.
Limitation of Liability
DSL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEB SITE. IN NO EVENT
SHALL DSL OR ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO
LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
(A) ANY USE OF THIS WEB SITE OR CONTENT FOUND HEREIN, (B) ANY FAILURE OR DELAY
(INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF
THIS SITE FOR RESERVATIONS OR TICKETING) OR (C) THE PERFORMANCE OR NON
PERFORMANCE BY DSL OR ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS, EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY.
IF, NOTWITHSTANDING THE FOREGOING, DSL OR ANY THIRD-PARTY PROVIDERS OR
DISTRIBUTORS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF,
OR IS IN ANY WAY CONNECTED WITH, ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES
OF THIS WEB SITE OR ITS CONTENT, THE LIABILITY OF DSL, INCLUDING ANY ONE OR
MORE OF ITS THIRD-PARTY PROVIDERS AND DISTRIBUTORS, SHALL IN NO EVENT EXCEED
$100.
Indemnification
You agree to defend, indemnify and hold harmless DSL and any third-party
providers and distributors and their officers, directors, employees and agents
from and against any claim, cause of action or demand, including without
limitation reasonable legal and accounting fees, brought by or on your behalf
in excess of the liability described herein or by third parties as a result of
your use of this Web Site.
Governing Law
The laws of the State of Louisiana, United States of America, shall govern this
Agreement and its performance. You consent and submit to the exclusive
jurisdiction of the state and federal courts located in East Baton Rouge Parish,
Louisiana, United States of America, in all questions and controversies
arising out of or related to your use of the Web Site and this Agreement.
Links to Other Web Sites
This Web Site may contain links to other Web sites. These links are provided solely
as a convenience to you and are not endorsed by DSL and/or its third-party
providers or distributors. DSL and/or its third-party providers or distributors
shall not be responsible for the content of any other Web sites and make no
representation or warranty regarding any other Web sites or the contents or
materials on such Web sites. If you decide to access other Web sites, you do so
at your own risk.
Severability
These Terms and Conditions shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law, and
such determination shall not affect the validity and enforceability of any
other remaining provisions.
Modification of These Terms and Conditions
DSL reserves the right to change the terms, conditions, and notices under which
this Web Site is offered.
Entire Agreement
These Terms and Conditions constitute the entire Agreement between you and DSL
relating to your use of the Web Site, at any time and in any way, and supersede
any prior understandings or agreements between you and DSL relating to such
use, whether electronic, oral, or written.