Last Updated: 7/5/23
These Terms of Service ("Terms") govern your use of the website, products, and services provided by Diesel Freak LLC ("Company," "we," or "us"). By accessing or using any of our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using our services.
1. Use of Services
By using our services, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are accessing or using our services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.
1.2 User Account:
Certain features or services may require you to create a user account. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
1.3 Prohibited Conduct:
When using our services, you agree not to engage in any conduct that is unlawful, infringing, abusive, harassing, fraudulent, deceptive, or harmful. You also agree not to interfere with or disrupt the operation of our services or violate any applicable laws or regulations.
2. Intellectual Property
All content, trademarks, logos, and intellectual property rights associated with our website and services are the property of Diesel Freak LLC or its licensors. You agree not to use, reproduce, distribute, modify, or create derivative works of any content without our prior written consent.
2.2 User Content:
You may be able to submit or upload content to our services. By doing so, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, distribute, modify, and display your content for the purpose of providing and improving our services. You represent and warrant that you have all necessary rights and permissions to grant us this license.
3. Disclaimer of Warranties
Our services are provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the accuracy, reliability, availability, or completeness of our services. To the fullest extent permitted by applicable law, we disclaim all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and compatibility.
4. Limitation of Liability
To the fullest extent permitted by applicable law, Diesel Freak LLC and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or inability to use our services, including but not limited to damages for lost profits, loss of data, or loss of goodwill.
You agree to indemnify, defend, and hold harmless Diesel Freak LLC and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our services or any violation of these Terms.
6. Modification and Termination
We reserve the right to modify, suspend, or terminate our services or any part thereof at any time without prior notice. We may also modify these Terms from time to time by posting the updated version on our website. Your continued use of our services after any such modifications shall constitute your acceptance of the modified Terms.
7. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Michigan. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Michigan.
These Terms constitute the entire agreement between you and Diesel Freak LLC regarding your use of our services and supersede any prior agreements or understandings, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
If you have any questions or concerns about these Terms, please contact us at:
Diesel Freak LLC
Address: 1795 W M 32, Gaylord, MI 49735
By using our services, you acknowledge that you have read, understood, and agreed to the terms of these Terms of Service.