TERMS AND CONDITIONS OF USE
Please read these TERMS AND CONDITIONS OF USE (“Terms and Conditions”) carefully. By using this website, you hereby agree to, and agree that your use of this website will be subject to, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this website.
Isuzu Motors America, LLC (“Isuzu”) provides this website subject to these Terms and Conditions. Isuzu reserves the right at its sole discretion to change these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when the changes are posted on this website. Your continued use of this website 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
This website provides web-based training regarding the servicing, maintenance and repair of Isuzu off road engines distributed by Isuzu. Any new feature, enhancement, addition, change or upgrade to this website shall be subject to these Terms and Conditions.
Intellectual Property
Isuzu, its affiliates and third party licensors solely and exclusively own all intellectual property and other rights, title and interest in and to this website and all content and materials provided to you through this website, including, but not limited to, text, software, music, sound, video, photographs, graphics and animation (hereinafter referred to as the “Content”), and all such property and Content is protected by U.S. and international copyright, trademark, patent and other laws.
User Obligations
By accessing, using and/or registering for this website, you agree to: a) provide true, accurate, complete and current user information as requested by Isuzu at any time; b) promptly and regularly update your user information to maintain its accuracy and completeness; c) provide for your own access to the Internet and pay any fees or costs relative to such access required to access this website; d) provide all necessary equipment and/or materials necessary for you to make such connection to the Internet in order to access, use and/or register for this website. By providing any user information that is untrue, inaccurate, incomplete and/or not current, Isuzu reserves the right to suspend or terminate your account and refuse any and all current or future use of this website, in whole or in part, by you.
Privacy
Please review our Privacy Policy, which also governs your use of this website, to understand our practices.
User Conduct
By accessing and/or using this website, you hereby represent and warrant that you will not utilize this website for any purpose that is unlawful and/or prohibited by these Terms and Conditions. By utilizing this website, you shall not engage in unlawful or unethical activities through your use of this website, including, but not limited to: a) transmit or download any Content that is protected by intellectual property rights, including, but not limited to, copyright, trademark and patent rights, rights of privacy or publicity, or any other applicable law, b) interfere with, disrupt or manipulate this website, its networks or servers, or violate the regulations, policies and procedures of such networks and servers; c) successfully gain or attempt to gain unlawful and/or unauthorized access to this website and/or accounts, systems and networks connected to this website; m) violate any applicable laws, policies or regulations, including, but not limited to, laws relative to the transmission of data or software exported from the United States of America through this website and/or any other applicable local, state, federal and international law and regulation; d) interfere with any individual, entity, or any other third party’s use and enjoyment of this website.
Monitoring
Isuzu holds no obligation to monitor this website, your use of this website or to store the content of any session. However, Isuzu reserves the right to monitor, review, retain, store or disclose any information or content as necessary, at any time, in conjunction with any applicable law, regulation, policy, legal process and/or government or police request, or to enforce these Terms and Conditions at the sole discretion of Isuzu. You hereby agree that Isuzu shall be held harmless from any liability for any such monitoring, lack of monitoring, review, lack of review, retention, lack of retention and/or disclosure of content or information as described herein.
Accounts and Security
As a user of this website, you will need an account and login information to access said account. You are solely responsible for maintaining the confidentiality and security of your account and login information and are solely responsible for any and all activity that occurs under your account. You agree to promptly notify Isuzu of any unauthorized use of your account or any other breach of security.
Use of Service and Storage Limitations
Isuzu may, at its sole discretion, establish and enforce general practices, policies and limitations with regard to your use of this website, including, but not limited to the maximum number of instances and duration which you may access this website in a given period of time. Isuzu reserves the right to log off the account of any end user which has been inactive for an extended period of time, at the sole discretion of Isuzu. Isuzu further reserves the right to modify, add to or otherwise change these practices, policies and limitations at any time, with or without notice to you, at its sole discretion.
Termination
You may request that your account be terminated at any time and for any reason by contacting Isuzu, using the CONTACT US link, or your Isuzu Distributor. Upon the termination of your account, you must immediately discontinue your use of this website, and destroy all Content obtained through your use of this website, all related documentation and any originals or copies of same. Likewise, Isuzu reserves the right to immediately terminate your account and your access to this website, with or without prior notice to you, for any reason in Isuzu’s sole and exclusive discretion. The cancellation or termination of your account shall not have any effect on your obligations to Isuzu under these Terms and Conditions or elsewhere. Upon cancellation or termination of your account, Isuzu shall not be liable, in any way, to you or any third party for termination of your use of this website. Upon cancellation or termination of your account by Isuzu, Isuzu reserves the right to immediately delete all information in your account and prohibit any and all further access to this website. Please note that until you provide us with cancellation request, your account may remain active. Inactivity in your account will not necessarily constitute a cancellation.
Disclaimer of Warranties
You expressly agree that use of this website is at your sole risk. This website is provided by Isuzu on an “as is” and “as available” basis. Isuzu expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Isuzu makes no warranties that this website will meet your requirements and/or be uninterrupted, timely, secure or error-free, nor does Isuzu make any warranty as to the accuracy, reliability or suitability of any Content or that defects in this website or the Content will be corrected. No advice or information, whether oral or written, obtained by you from Isuzu shall create a warranty not expressly stated herein.
Disclaimer of Liability
Isuzu shall not be liable for any damages whatsoever, whether direct, indirect, punitive, incidental, special or consequential, arising out of or in any way connected to the use of this website or with the delay or inability to use this website, or for any information obtained through use of this website, or otherwise arising out of the utilization of this website, whether based in contract, tort, strict liability or otherwise, even if Isuzu has been advised of the possibility of said damages. Furthermore, Isuzu shall not be liable for any damages arising from the interruption, suspension or termination of this website, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether or not such interruption, suspension or termination was justified, negligent or intentional.
Modifications
Isuzu reserves the right to modify and/or discontinue this website, whether temporarily or permanently, with or without notice to the users, and Isuzu shall not be liable to you or any third party for any such modification and/or discontinuance of this website. Isuzu further reserves the right to make revisions, modifications, additions, deletions or any such changes to these Terms and Conditions at its sole discretion, at any time, with or without notice to its users.
Indemnification
You agree to release, defend, indemnify and hold Isuzu, its affiliates, officers, agents, representatives, successors, and employees harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of this website or this website and/or arising from a breach of these Terms and Conditions and/or any violation of any rights of any third party. Isuzu reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of Isuzu.
Jurisdiction
If there is any dispute about or involving this website, by using this website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to the exclusive personal jurisdiction of any state or federal court in Orange County, California.
Severability
If any of these Terms and Conditions is determined to be illegal, unenforceable or invalid in whole or in part for any reason, such term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.
Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Isuzu regarding this website and govern your use of this website, superseding any prior agreements between you and Isuzu with respect to your use of this website.