1. Description of Service
MyIsuzuParts.com is a web-based service offered by Isuzu Motors America, Inc. (“Isuzu”) from the internet domain www.myisuzuparts.com (hereinafter the “Service”). The Service helps to facilitate people seeking Isuzu vehicle parts to receive quotes from a specific Isuzu dealer or, if you do not select a specific Isuzu dealer, this site will provide you with a list of dealers in your area that may have the parts you are seeking. This Terms of Service Agreement (“Agreement”) covers your use of the Service, including obtaining a referral through the Service for Isuzu vehicle parts from third parties. The Service is offered by Isuzu for free to users.
2. Binding Agreement
This Agreement applies to all users of the Service. By using the Service in any manner, you acknowledge and agree to the terms stated in this Agreement.
3. Modifications
Isuzu reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms of service at this website, http://www.myisuzuparts.com/legal.php. All changes and clarifications will take effect immediately upon their posting on the www.myisuzuparts.com website. If we make changes, we will post them and will indicate at the top of this page the Agreement’s effective date. We therefore encourage you to refer to this Agreement on an ongoing basis so that you understand the current Agreement. Your use of the Service indicates your acceptance of the current Agreement.
4. The Service Is Not Intended For Children
You must be eighteen (18) years of age or older to use the myisuzuparts.com website. If you are under the age of eighteen (18), you are not allowed access the Service. Moreover, in accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Isuzu will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. Please see our Privacy Policy, available at www.myisuzuparts.com/privacy.php, for additional information on how to notify us of any concerns in this regard.
5. No Registration Required
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
When you use the myisuzuparts.com Service, you do not create an account. Instead, you enter information into our database, including your name, address, telephone number, Vehicle Identification Number (VIN) if you have one, the part you are seeking, and an email address (“Contact Information”). We then provide you with information about where you can obtain the Isuzu vehicle parts you are seeking in your local area. If you need information about where to find dealers near you offering the parts you are seeking, the Service facilitates this process by forwarding your Contact Information to dealers in your local area so that they can provide you with information relevant to what you are seeking. This process is simple, and we do not ask you to “register” an account in order to participate.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Isuzu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Isuzu has the right to limit your future use of the Service (or any portion thereof).
The Contact Information collected when you participate in the Service will be handled by Isuzu in accordance with our privacy policy (“Privacy Policy”) available at www.myisuzuparts.com/privacy.php. Please note that Isuzu is concerned about the safety and privacy of all its customers. For this reason, the service is limited to individuals aged 18 and over. Please see our Privacy Policy for further information.
6. Acceptable Use Policy
Isuzu strives to provide the best possible service to all its users. To that end, we will not tolerate any unlawful activity or abuse of our servers. The requirements set forth in this section are a condition of using the Service, and as such you agree that you are solely responsible for your conduct and any information that you submit through the Service. You also agree that While using the Service, you will NOT: (A) attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the rules contained in this Agreement; (B) transmit email or any other content that includes personal or identifying information about another person without that person’s express consent; (C) transmit any worms or viruses or any code of a destructive nature to other users; (D) attempt to gain unauthorized access to Isuzu’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service; (E) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service-except for internet search engines (e.g. Google or Yahoo!) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; (F) develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Service.
7. Privacy Policy
We take the privacy of our customers very seriously. Our Privacy Policy is available at www.myisuzuparts.com/privacy.php. By accepting this Agreement, you agree to be bound by our Privacy Policy, which is by this reference expressly incorporated into this Agreement.
8. Links to Other Websites and Resources
The Service contains links to other websites or resources, including third party Isuzu dealers. Isuzu has no control over such external websites and resources. You agree that (A) Isuzu is not responsible for the availability or accuracy of such external websites and resources, and (B) Isuzu does not endorse nor is it responsible or liable for any content, advertising, products, or materials on or available from such external websites and resources.
9. Copyright, Trademark & Proprietary Rights
All Content is protected by international copyright and other intellectual property laws. The Content is owned by Isuzu, its affiliates or third party licensors. Any use of the Content, including but not limited to, modification, distribution, reproduction, republication, transmission, posting, reposting, transfer, uploading, duplication or selling without the prior written permission of Isuzu is strictly prohibited. The use of any such Content on any other World Wide Web site or network computer environment is prohibited. Without in any way waiving any of the foregoing rights, you may print copies of the Isuzu diagnostic and repair information for local use, provided you do not delete or change any copyright, trademark or other proprietary notices.
10. Uptime/Downtime
Isuzu makes every reasonable effort to maintain operation of the Service however, because many events and circumstances are beyond the control of Isuzu, we cannot in any way warrant or otherwise guarantee the availability of the Service, system, and servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Isuzu.
11. Indemnity
By accepting this Agreement, you agree to indemnify and hold Isuzu and its subsidiaries, affiliates, officers, agents, employees, partners, shareholders and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement (including our and Privacy Policy, available at www.myisuzuparts.com/privacy.php), or your violation of any rights of another.
12. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY ISUZU SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ISUZU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ISUZU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. ISUZU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ISUZU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. Limitation of Liability
YOU AGREE THAT ISUZU AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Miscellaneous Provisions.
a) Entire Agreement. This Agreement, including Isuzu’s Privacy Policy (available at www.myisuzuparts.com/privacy.php) which is incorporated by reference above, constitutes the entire agreement between you and Isuzu and governs your use of the Service.
b) Governing Laws; Exclusive Jurisdiction. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
c) Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement may be commenced until the matter has been submitted to JAMS (http://www.jamsadr.com/) for mediation. The parties agree that any such mediation shall take place in Los Angeles County, California, USA. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this Section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered
d) Waiver and Severability. No term or provision of this Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by you or Isuzu, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceabl.
e) Notices. Isuzu may provide you with notices, including, without limitation, those regarding changes to this Agreement and other service-related announcements, by posting a notice on the Service.
f) Future Changes In The Service. Isuzu reserves the right at any time (and from time to time) to modify, suspend, or discontinue, temporarily or permanently, providing the Service or any part thereof with or without notice. You agree that Isuzu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
g) Assignment. Isuzu may assign this agreement to any successor or purchaser of Isuzu or all or substantially all of its assets.
h) Headings. Section titles and headings in this Agreement are for convenience only, and have no legal or contractual effect.
i) Trademarks. ISUZU MOTORS AMERICA INC., ISUZU, ISUZUONE, ISUZUONE.COM, MYISUZUPARTS.COM, the ISUZU logo, and other Isuzu logos and product and service names are trademarks of or licensed to Isuzu (“Isuzu Marks”). You agree not to display or use these trademarks in any manner without prior, written consent of Isuzu.
j) Contact Information. Please send any questions or comments, or report any violations of this Agreement, to support AT myisuzuparts.com.
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