DieselManuals.com Terms of Service
These Terms Of Service (“Terms” or “Agreement”) of DieselManuals.com, Inc. (“DieselManuals”) govern your access to and use of DieselManuals’s platform (the “Services”) for the purchase, sale, distribution, and promotion of digital products (“Products”). These Terms constitute a binding agreement between DieselManuals and you or any company that you represent (“you,” “your,” “Customer,” “Buyer, or “Seller,” as applicable). By accessing or using the Services, you acknowledge and accept the Terms and DieselManuals’s privacy and DMCA policy, which are accessible through its website and incorporated herein by reference. If you do not accept these Terms, you are not permitted to use the Services.
DieselManuals reserves the right, in its sole and absolute discretion, to amend, supplement, or otherwise modify these Terms from time to time. Modified Terms will take effect immediately upon posting to DieselManuals.com’s website. Your continued use of the Services after modified Terms have been so posted shall constitute your acceptance of such modified Terms.
1. License to use Services
DieselManuals grants you a limited, non-exclusive, non-transferable, and revocable right and license to use its Services in accordance with the Terms. Enjoy!
You represent either that: (i) you are an individual entering this Agreement for his or her personal use, you are over 18 years of age and otherwise of legal capacity to form a binding contract with DieselManuals; or (ii) you are the authorized representative of a corporation or other legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and that you are duly authorized to accept, execute, and deliver this Agreement.
3. User Conduct
You shall use the Service solely in accordance with the Terms. Without limitation, you shall not use the Service to:
– abuse, harass, threaten, or intimidate other users;
– post or transmit any Products or other content that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct;
– attempt to impersonate another user or person;
– conduct any unlawful activity;
– upload adult content;
– solicit or obtain password, account, or private information from any user;
– conduct or promote unauthorized advertising, solicitations, or “spam;”
– use, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of any content, without authorization, that belongs to or is licensed to DieselManuals, or that originates from the Services, or that belongs to another DieselManuals user or to a third party, or that violates or infringes any third party intellectual property rights; or
– upload, post, transmit, or make available any Products or other material that contains software viruses or any other malicious computer code designed to interrupt or limit the functionality of the Services.
4. Trademarks and Copyrights
The name “DieselManuals” and all other DieselManuals marks, logos, taglines, custom graphics, and button icons appearing on DieselManuals’s site are service marks, trademarks, or trade dress of DieselManuals and may not be used in connection with any product or service that is not offered by DieselManuals in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits DieselManuals. All other trademarks, product names, and company names and logos used on the site are the property of their respective owners.
All software and audiovisual works of authorship on the DieselManuals.com site, the selection and arrangement thereof, and the compilation of all content on the Site are the exclusive property of DieselManuals (or its licensors) and are protected by United States and international copyright laws.
If you are a copyright owner or an agent thereof and believe that any Product or other content on the DieselManuals site infringes upon your copyrights, you may submit a notification to DieselManuals pursuant to the Digital Millennium Copyright Act (“DMCA”). DMCA information is available here.
6. Using Your Account
By submitting a payment via any means for a Product sold through DieselManuals, you are making an offer to purchase all items contained in the applicable order. Our confirmation of your order via email is our acceptance of your offer. DieselManuals is not bound to accept any offers and may reject them as it sees fit. Certain Products sold on DieselManuals may include additional fees, which will be added to and included in the final purchase price, as determined by DieselManuals in its sole and absolute discretion from time to time. These fees offer Buyers the ability to download purchased Products in the future and to receive priority support for help with downloading or viewing purchased Products.
You agree to provide accurate information when you sign up to use the Services and to keep your account information up to date. You also agree to: Use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use and not let anyone else use your account. You are solely responsible for all activity on your account, as well as all fees incurred in relation to your account.
Adult content is not allowed and will be deleted without notice.
The Terms create no agency, partnership, joint venture, employment, or franchisee relationship between you and DieselManuals.
Once a purchased Product is made available to the Buyer for download, DieselManuals recommends that the Buyer download the content immediately. DieselManuals may make purchased Products available for future download from the Buyer’s account. Notwithstanding any other provisions of this agreement, however, DieselManuals makes no guarantee to keep such Products available indefinitely and will not be liable to the Buyer if any Product becomes unavailable for re-download.
DieselManuals retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice. You may terminate your account with DieselManuals at your discretion. Any outstanding amounts due to DieselManuals related to your account after termination will be due at the time of Termination.
DieselManuals shall make commercially reasonable efforts to maintain the DieselManuals site in operation and available on the internet. No minimum uptime or service level is guaranteed. DieselManuals may terminate or change the Service at any time in its sole and absolute discretion.
When you post digital Products for sale on the site, you are granting (and hereby do grant) to DieselManuals the non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (through multiple tiers), perpetual right and license to use, display, distribute, store, prepare derivative works of, and sell such Products, and to use and share your name, likeness, contact information, trademarks, and other appropriate property to promote such Products in any format now or hereinafter developed, and through any channels, whether on the DieselManuals site or otherwise, as DieselManuals may elect in its sole and absolute discretion.
DieselManuals reserves the right to add to the sales price a Download Protection fee or any other fees that DieselManuals may elect to add in its sole and absolute discretion, the amount of which may depend on the sales price of the subject item. Any additional fees will be automatically added to the price set by the Seller so the price the Buyer sees will be final.
DieselManuals reserves the right to set a minimum price for downloable products in the DieselManuals marketplace.
Commissions payable to Seller are subject to change upon notice to Seller, which notice may be posted on DieselManuals’s website, or through a modification of these Terms (with notice to Sellers that these Terms have changed).
Seller shall maintain the accuracy of Seller’s contact information on file with DieselManuals.
You should always maintain backup copies of all Products and other information uploaded to the DieselManuals site. Do not use DieselManuals as a storage mechanism. Products and other information uploaded to DieselManuals may be deleted without notice.
Seller represents and warrants to DieselManuals that Seller has the unencumbered right to post all Products posted for sale by Seller and to transfer all rights to DieselManuals and Buyer as set forth herein or otherwise in furtherance of the purposes hereof, and that all such Products shall conform to all applicable documentation and descriptions posted by Seller, and that all such Products shall comply with all applicable law. Seller alone shall bear sole liability for all Products, any errors and omissions therein, and all harms caused thereby. Seller shall indemnify, defend, and hold harmless DieselManuals from and against all claims, damages, awards, fees, and costs (including without limitation reasonable legal fees) incurred by or charged to DieselManuals in connection with any act or omission of Seller or Seller’s Products. Seller alone shall bear sole responsibility for any support, maintenance, or supplemental services offered by Seller in connection with any Products, and for all representations and warranties Seller makes.
8. Additional Rights and Obligations of DieselManuals
DieselManuals shall have the right to reject or remove any Products from the Service, for any reason or no reason, in its sole and absolute discretion. DieselManuals may refund payments to buyers for digital Products that are claimed to be defective. DieselManuals may deny sales to buyers on high-risk transactions such as suspected credit card fraud payments.
DieselManuals shall act as the merchant of record for all sales of Products, shall use commercially reasonable efforts to collect payments via credit card and PayPal, and shall make purchased Products available as a download to the Buyer. DieselManuals will provide 1st level support to Buyers who report problems with downloading or the Service.
DieselManuals shall pay collected, processed payments in the agreed amount (minus refunds and chargebacks) to the Seller each Wednesday for sales that occurred between thirty (30) and twenty-four (24) days prior thereto. Payments made to the Seller are paid via PayPal and require the Seller to obtain and provide access to a verified PayPal account in the Seller’s name, which must be the same name as the Seller’s account with DieselManuals, without deviation. Seller forfeits any pending and future earnings if its Paypal account is unavailable for deposits for any period or if Seller’s account with DieselManuals is closed for any violation of these Terms.
DieselManuals may from time to time make available to Seller detailed, real-time statistics regarding Seller’s sales activity. DieselManuals shall not be responsible for any inaccuracies therein.
DieselManuals will pay the Seller a commission on each digital product sold between 75% and 25% of the sales price. The commission will be deducted from the payout of the sales to the Seller. Commission rates may vary depending on the type of product sold. DieselManuals reserves the right to modify commission rates at any time without notice.
9. Disclaimer of Warranty
Your use of the Services and any information obtained through or from DieselManuals shall be at your own risk. The Services are provided on an “as is” basis. You acknowledge and agree that DieselManuals exercises no control over, and accepts no responsibility for, the content or information passing through DieselManuals’s host computers, network hubs, points of presence, or the internet. The digital products found on DieselManuals’s digital marketplace are produced by independent Sellers. Thus, DieselManuals makes no warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, nor any warranties implied by a course of performance, course of dealing, or usage of trade.
DieselManuals makes no warranties that the Services will be uninterrupted or error-free or that any results obtained from the use of Services will be accurate or reliable. DieselManuals expressly disclaims any liability arising in connection with any Products. No oral or written information given by DieselManuals will create any warranty, nor may you rely on such information or advice.
10. Limitation of Liability
To the fullest extent permitted by law, neither DieselManuals, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by Customer, any of Customer’s customers, or of any third party, whether in an action in contract or tort or strict liability or other legal theory. DieselManuals will not be liable to Customer, any of Customer’s customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to DieselManuals’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, DieselManuals’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by Customer for the portion of Services that gave rise to such claims during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
DieselManuals’s Services may contain links to third-party websites not under DieselManuals’s control or ownership, or you may need to use a third party’s services or product in order to use DieselManuals’s service. Your access to all third-party services shall be at your own risk.
11. Governing Law
This Agreement shall be governed by the laws of the State of Florida, no matter where in the world you live. Disputes hereunder shall be resolved before the courts of competent jurisdiction in Hillsborough County, Florida. All remedies available hereunder shall be cumulative and not in lieu of any others.
12. Disclosure of Customer Information and Legal Process
Although DieselManuals maintains strict confidentiality on Customer’s information, there are certain exceptions in which DieselManuals may disclose information in its possession, including without limitation information about the Customer’s internet transmissions and website activity in order to comply with the law or official governmental requests. DieselManuals has no obligation to notify Customer about whom the information is sought or that DieselManuals has provided the information.
You do not have the right to assign this Agreement without the prior written consent of DieselManuals. DieselManuals may assign this Agreement without notice to you. This Agreement will be binding on the parties, and their successors, and permitted assigns.
14. Entire Agreement; Severability; Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof which by their nature should survive termination hereof shall so survive.