IsuzuONE.com

Terms & Conditions of Use

Please read these TERMS AND CONDITIONS OF USE carefully. By using this Web site, you hereby agree to these TERMS AND CONDITIONS OF USE. If you do not agree to these TERMS AND CONDITIONS OF USE (hereafter referred to as “Terms and Conditions”), please do not use this site.

Isuzu Motors America, Inc. (“Isuzu”) contracts with a vendor, Par-Tech, Inc. (“Par-Tech”) to develop and maintain IsuzuONE.com, and to sell Isuzu goods and services through IsuzuONE.com. Isuzu and Par-Tech (collectively “IsuzuONE”) reserve the right at their discretion to change these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when notice of such change is posted on this Web site, IsuzuONE.com (“IsuzuONE.com” or “Web site”). Your continued use of this Web site after the change of Terms and Conditions shall constitute your acceptance of any such changes. You should periodically visit this page to determine the then current Terms and Conditions.

Description of Service
IsuzuONE provides dealers access to the latest information about Isuzu products and services, and the ability to purchase resources, as available, including service tools. (“Service.”) The Service is available to dealers, and users may purchase Isuzu products from Par-Tech through this Web site.

Scope of Content
All information and products displayed or transmitted on this Web site (including, but not limited to, service manuals, training materials, bulletins, tools, gift products, text, images, news articles, opinions, reviews, trademarks, audio, video and the like, collectively the "Content") is intended for viewing within the United States only, and will only be construed and evaluated according to United States law. If you use this site from other locations you are responsible for compliance with any and all applicable laws in those jurisdictions. Isuzu makes no representations that the materials contained within this site are appropriate for locations outside the United States . The Isuzu vehicles described in this Web site contain uniquely American specifications and equipment and are offered for sale only in the United States . The promotional programs and technical information described in this Web site are only relevant to those states and territories of the U.S. as specifically referred to within the description of that product/program/information. All pricing information referred to in this Web site is in U.S. dollars.

Representations and Warranties
a. You represent and warrant that you are over the age of majority and you are an authorized Isuzu dealership representative who can form a legally binding contract under applicable law.
b. You represent and warrant that you and your dealership will provide true, accurate, current and complete information about yourself as prompted by IsuzuONE.com. Your or your dealership's billing address should be the address and phone number that the applicable credit card bank has on file for you or your dealership.
c. You represent and warrant that you will not use the Service for any improper purpose, and that you will act in good faith in your relationships with IsuzuONE.
d. You represent and warrant that you will buy for your own use or your dealership's use, and not for resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
e. If you are purchasing on behalf of a dealership, you represent and warrant that you have sufficient authority to bind that dealership to these Terms and Conditions.

Registration and Password
To use this Web site, you must register with IsuzuONE on the form provided. You agree to provide true, accurate, current and complete information about yourself and your dealership as prompted by IsuzuONE's registration form and to maintain and promptly update the information (“Registration Data”) you provide to keep it true, accurate, current and complete. If Isuzu has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IsuzuONE has the right to suspend or terminate your account and refuse any and all current or future use of this Web site. You will choose a password through the registration process. You are responsible for maintaining the confidentiality of your password, and are responsible for all usage of your user name and password (hereafter referred to as “account”) by any third party authorized by you to use your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at IsuzuONE's sole discretion. You agree to notify IsuzuONE immediately of any unauthorized use of your account or any other breach of security. IsuzuONE will not be liable for any loss or damage arising from your failure to protect your account.

Ordering and Payment Information
Products available on IsuzuONE.com are ordered from Par-Tech. Prices, specifications and availability of products are subject to change without notice. If a discrepancy arises between the price quoted on the Web site and the check out page, the later will prevail. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, Par-Tech shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Par-Tech shall have the right to refuse or cancel any such orders whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled, Par-Tech shall refund the amount of the incorrect price in the same tender as the original purchase.

Par-Tech shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Michigan . You are solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Terms of payment are within Par-Tech 's sole discretion, and unless otherwise agreed, payment must be received by Par-Tech prior to acceptance of an order. Par-Tech may accept payment via Visa, MasterCard, Check or Money Order. Please see the IsuzuONE Privacy Policy for more information about the steps we take to protect your information. Orders are not binding until the order is accepted by Par-Tech. Par-Tech may need to verify any information you provide before it accepts an order, and may cancel an order any time after it has been placed. Par-Tech expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.

Shipping
For those products which you choose to have shipped to you, unless otherwise noted, Par-Tech will make best efforts to ship merchandise within 30 days of the receipt of a properly completed order. Par-Tech cannot ship to P.O. Boxes. If you choose a shipment carrier besides the one offered on IsuzuONE.com, any loss or damage that occurs during shipping is your responsibility.

Return Policy
Any UNOPENED software program can be returned for a full refund, less shipping charges and a 25% restocking fee. Please use the Feedback page of the IsuzuONE website within 14 days of having received your package with your customer number, order confirmation number, the product you wish to return, and the reason for returning the product. Par-Tech will send you an email message with an RMA number and the instructions for returning the software.

No refunds of any kind will be accepted on IsuzuONE Hardware or Open Software (along with any non-software items included in the same package as the Open Software) for ANY reason without prior authorization from a Par-Tech representative. If you receive a defective product, please use the Feedback page with your customer number, order confirmation number, the product, and the description of the defect. The defective item must be sent in prior to any replacement being shipped. CD-ROM's found to be defective would be exchanged for a replacement CD-ROM of the same title.

All returns must be received within 14 days of the RMA number being issued. All returns must have an RMA number clearly displayed on the outside of the package. If a return does not have an RMA number, the package will be refused and returned at the customer's expense. You may obtain an RMA number by using the Feedback page and providing the reason for the return. Please make sure that your order # is included in the message.

Please also include a copy of the original order confirmation in the package with "PRODUCT RETURN" and your RMA number written in block letters at the very top. All packages being returned MUST be sent by prepaid freight. Any package arriving freight collect will be refused. If you receive goods in damaged condition, please inform the carrier (Post Office, UPS or FEDEX agent) immediately.

For orders paid by Check or Money Order, IsuzuONE credit will be provided. No refund checks will be issued.

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.

ISUZU MOTORS AMERICA, INC., ISUZU, ISUZUONE, ISUZUONE.COM trademarks and service marks, and other Isuzu logos and product and service names are trademarks of or licensed to Isuzu Motors America, Inc. (the "Isuzu Marks"). Without Isuzu's prior permission, you agree not to display or use in any manner, the Isuzu Marks.

Hyperlinks
This Web site may contain links to other World Wide Web sites, which are completely independent of this Web site. IsuzuONE makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Web sites is at your own risk.

Rules of Conduct
You shall not post or transmit to this Web site any Content which: (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, or trade secret, or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or regulation.

Privacy
Information collected by IsuzuONE is subject to our Privacy Policy. For more information, see our full Privacy Policy. For reporting purposes, this Web site and its users are monitored. IsuzuONE logs access statistics and security information of URLs of the machine originating the request and the time of the request. The use of this Web site constitutes consent to such monitoring.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ISUZUONE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ISUZUONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ISUZUONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ISUZUONE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM ISUZUONE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISUZUONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to indemnify and hold IsuzuONE, and their subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web site, your connection to the Web site, your violation of these Terms and Conditions, or your violation of any rights of another.

Notices
Notices to you may be made via either email or regular mail. IsuzuONE may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links generally available to you on IsuzuONE.com.

Modification of Service
IsuzuONE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at IsuzuONE's sole discretion. You agree that IsuzuONE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination
You agree that IsuzuONE, in their sole discretion, may immediately terminate your account and access to the Service upon notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Further, you agree that IsuzuONE shall not be liable to you or any third party for any termination of your account or access to the Service.

Miscellaneous
This Web site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third party vendor failures. IsuzuONE cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

These Terms and Conditions constitute the entire agreement between you and IsuzuONE regarding this website and govern your use of the Service, superceding any prior agreements between you and IsuzuONE. The Terms and Conditions and the relationship between you and IsuzuONE shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IsuzuONE agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange , California . The failure of IsuzuONE to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.