Terms of Use

Agreement between User And Precision Diesel

The Precision Diesel Web Site is comprised of various Web pages operated by Precision Diesel and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Precision Diesel Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Precision Diesel reserves the right to change the terms, conditions, and notices under which the Precision Diesel Web Site is offered, including but not limited to the charges associated with the use of the Precision Diesel Web Site.

Links to Third Party Sites

The Precision Diesel Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Precision Diesel and Precision Diesel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Precision Diesel is not responsible for webcasting or any other form of transmission received from any Linked Site. Precision Diesel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Precision Diesel of the site or any association with its operators.

No Unlawful or Prohibited Used

As a condition of your use of the Precision Diesel Web Site, you warrant to Precision Diesel that you will not use the Precision Diesel Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Precision Diesel Web Site in any manner which could damage, disable, overburden, or impair the Precision Diesel Web Site or interfere with any other party’s use and enjoyment of the Precision Diesel Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Precision Diesel Web Sites.

Materials Provided to Precision Diesel or Posted At Any Precision Diesel Web Site

Precision Diesel does not claim ownership of the materials you provide to Precision Diesel (including feedback and suggestions) or post, upload, input or submit to any Precision Diesel Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Precision Diesel, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Precision Diesel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Precision Diesel sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

The information, software, products, and services included in or available through the Precision Diesel Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Precision Diesel and/or its suppliers may make improvements and/or changes in the Precision Diesel Web Site at any time. Advice received via the Precision Diesel Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Precision Diesel and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Precision Diesel Web Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Precision Diesel and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Precision Diesel and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Precision Diesel Web Site, with the delay or inability to use the Precision Diesel Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Precision Diesel Web Site or otherwise arising out of the use of the Precision Diesel Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Precision Dieselor any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Precision Diesel Web Site, or with any of these terms of use, you sole and exclusive remedy is to discontinue using the Precision Diesel Web Site.

Service contact: info@pdpower.ca

Termination/Access Restriction

Precision Diesel reserves the right, in its sole discretion, to terminate your access to the Precision Diesel Web Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Ontario, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Ottawa, Ontario, Canada in all disputes arising out of or relating to the use of the Precision Diesel Web Site. Use of the Precision Diesel Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Precision Diesel as a result of this agreement or use of the Precision Diesel Web Site. Precision Diesel performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Precision Diesel right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Precision Diesel Web Site or information provided to or gathered by Precision Diesel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Precision Diesel with respect to the Precision Diesel Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Precision Diesel with respect to the Precision Diesel Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

The information on this Web site is protected by copyright: Copyright © 2014, Precision Diesel, Diesel Commander, Pdpower.ca. All rights reserved. No portion of the information on this Web site including coding, graphics and photographs may be reproduced in any form or by any means without prior written consent from Precision Diesel.

All photographs and graphics contained in this website remain property of Precision Diesel and may not be reproduced in whole or in part without prior permission. Precision Diesel reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Precision Diesel. The design, layout or programming modules of this Web site shall not be reproduced. Elements of this Web site are protected by copyright laws and may not be copied or imitated in whole or in part without the prior consent of Precision Diesel.

Trademarks

The trademarks, wordmarks, names, designs, images, and logotypes displayed on this Web site are the property of Precision Diesel and or other third parties. You are not permitted to use the mark or marks, names or logos without the prior consent of Precision Diesel or such third party which may own the mark, marks, names, or logotypes.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

With the exception of Precision Diesel and affiliates, the example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.