Terms of Use

1. Eligibility and Accounts

You must be at least 13 years of age to use the Services and at least 18 to make a purchase. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

2. Permitted Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You will not:

• Violate any applicable law or regulation
• Infringe or violate intellectual property, privacy, or other rights
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to any systems or networks
• Use any scraper, robot, or other automated means without our prior written consent
• Interfere with or disrupt the operation of the Services

3. Purchases, Pricing, and Availability

All orders are offers to purchase and are subject to acceptance by us. We may refuse or cancel any order at our sole discretion, including for suspected fraud or product unavailability. Prices, promotions, and availability are subject to change without notice. Displayed prices do not include taxes or shipping unless explicitly stated. Title and risk of loss pass to you upon delivery to the carrier.

4. Shipping, Returns, and Refunds

Shipping times are estimates and are not guaranteed. Our returns and refunds practices are described in our Returns Policy which is incorporated by reference into these Terms. See: Returns Policy.

5. Product Information and Fitment

We strive to display accurate product information, including fitment notes for specific makes and models. However, typographical errors, inaccuracies, or omissions may occur. Fitment is ultimately your responsibility. If a product is not as described your sole remedy is to return it in unused condition according to our Returns Policy.

6. User Content

If you submit reviews, photos, questions, or other content ("User Content") you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that your User Content is accurate and that you have the rights to submit it. We may remove User Content at any time.

7. Intellectual Property

The Services and all content including text, graphics, logos, icons, images, product names, and software are owned by or licensed to Diesel Off Road and are protected by intellectual property laws. Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any part of the Services without our prior written consent.

8. Third-Party Links and Services

The Services may link to third-party sites or integrate third-party services. We do not control and are not responsible for the content or practices of third parties. Use of third-party services is at your own risk and may be subject to their terms and policies.

9. Promotions and Coupons

Promotions, discount codes, and offers are subject to separate terms. Unless stated otherwise promotions are limited to in-stock items, cannot be combined, and are not redeemable for cash. We may modify or end any promotion at any time.

10. Communications and SMS

By providing your contact information you consent to receive transactional and marketing communications by email or SMS, subject to your opt-out rights. Message and data rates may apply. You can opt out of marketing emails via the unsubscribe link and opt out of marketing SMS by replying STOP.

11. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and disclose information. The Privacy Policy is incorporated by reference into these Terms.

12. Disclaimer of Warranties

To the fullest extent permitted by law the Services and all products are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant that the Services will be uninterrupted or error free or that defects will be corrected.

13. Limitation of Liability

To the fullest extent permitted by law we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or related to these Terms or your use of the Services, even if advised of the possibility. Our total liability for any claim will not exceed the amount you paid to us for the product or service at issue in the twelve months preceding the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless Diesel Off Road and our officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services or violation of these Terms.

15. Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your rights.

• Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at contact@dieseloffroad.com. If we cannot resolve it within 30 days either party may start arbitration.
• Binding arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration under the Federal Arbitration Act and the rules of the American Arbitration Association for consumer disputes. The arbitrator shall have exclusive authority to resolve all disputes including arbitrability.
• No class actions. You and Diesel Off Road agree that each may bring claims only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
• Opt out. You may opt out of arbitration and the class action waiver by sending a written notice to contact@dieseloffroad.com within 30 days of first accepting these Terms.

16. Termination

We may suspend or terminate your access to the Services at any time and for any reason, including if we believe you have violated these Terms. Upon termination, the rights granted to you under these Terms will end immediately.

17. Changes to the Services and to these Terms

We may update or discontinue the Services, in whole or in part, at any time. We may modify these Terms by posting the updated version on this page with a new Effective Date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

18. Accessibility

We are committed to making our Services accessible. If you need assistance or an alternative format of these Terms, contact us at contact@dieseloffroad.com.

19. Contact Us

Questions about these Terms can be sent to:

Diesel Off Road
Email: contact@dieseloffroad.com

20. Entire Agreement

These Terms together with any supplemental terms and policies referenced herein, including our Privacy Policy and Returns Policy, constitute the entire agreement between you and Diesel Off Road regarding the Services and supersede any prior or contemporaneous understandings.

21. Severability

If any provision of these Terms is held invalid or unenforceable the remaining provisions will remain in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it enforceable.

22. Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.