Terms and Conditions of Use

Acceptance of Terms

Welcome to Diesel Parts Direct (DPD).
DPD 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 DPD 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 DPD 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 DPD 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 DPD.

Description of Services

DPD 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 DPD assumes no responsibility for the descriptions, availability or misquotations of offers and programs provided by the supplier or their agents.

Limitation of Liability

DPD 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 DPD 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 DPD 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, DPD 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 DPD, 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 DPD 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 DPD and/or its third-party providers or distributors. DPD 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

DPD 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 DPD 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 DPD relating to such use, whether electronic, oral, or written.