Terms of service

Expert Diesel Parts Terms of Service

Last Updated: March 19, 2025

NOTICE OF ARBITRATION PROVISIONS:

YOUR USE OF THE SERVICES IS SUBJECT TO BINDING BI-LATERAL ARBITRATION OF ANY DISPUTES WHICH MAY ARISE, INCLUDING THE MASS ARBITRATION SUPPLEMENTARY RULES (AS APPLICABLE), AS PROVIDED BELOW IN SECTION 23 AND IN THESE TOS. PLEASE READ THE ARBITRATION PROVISIONS CAREFULLY AND DO NOT USE THE SERVICES IF YOU ARE UNWILLING TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH US AS PROVIDED BELOW.

This website is operated by JP USA LLC DBA Expert Diesel Parts (hereinafter, “we”, “us”, “our”, “Company”, and “Expert Diesel Parts”). These terms of service (“TOS”) apply to your access to, and use of, the services of Expert Diesel Parts including without limitation the applications and websites available at www.expertdieselparts.com or that link to these TOS (collectively, the “Services”).  These TOS incorporate by reference the Privacy Policy, Return Policy, Warranty Policy, and any other applicable Company policy referenced herein. These Terms constitute a legally binding agreement between you and Company, and you should read them carefully. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Expert Diesel Parts, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these TOS on any such entity’s behalf.

1. ACCEPTANCE OF TERMS OF SERVICE 

By visiting our site and/or purchasing from us, you engage in our Services and agree to be bound by the following TOS, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these TOS carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these TOS. 

If you do not agree to these TOS, please do not use, and promptly exit the Services. 

If these TOS are considered an offer, acceptance is expressly limited to these TOS.

Expert Diesel Parts may, subject to the below, change these TOS from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or access of the Services following the posting of any changes to these TOS constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these TOS would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these TOS being deemed illusory or unenforceable.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, including, but not limited to, all content, services, digital products, tools, or products, is hereby expressly prohibited.

Our store is currently hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. If we transition to a different e-commerce provider in the future, this section will automatically apply to the current provider hosting our store, and references to Shopify Inc. shall be deemed references to the new provider.

2. REGISTRATION, ACCOUNTS AND PASSWORDS

We may offer you the ability to create and you may be able to register an account to be used in connection with the Services. In the event you create an account (“Account”) you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password and/or Account, whether authorized by you or not. You shall not allow other persons access to or use of such username or password. You shall not post your username or password on any website nor transmit it through unsecured sites. You agree to (a) immediately notify Expert Diesel Parts of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Services. Access and use of password-protected and/or secure areas of the Services are restricted to users who have been given a valid password by Expert Diesel Parts. We may terminate your access to the Services if we learn that you have provided us with false or misleading registration data. If we feel your username and password are insecure or otherwise problematic, we may require you to change them or terminate your account.

3. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or organization, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Services are not designed or intended for use by children under 18, and thus all users must be at least 18. If you are under 18, you may only use Expert Diesel Parts with the involvement and permission of a parent or guardian. Some portions of the Services may require you to be over the age of 18 or the age of majority for your jurisdiction; please see the terms and conditions of the relevant Services for more details.

Pursuant to 47 U.S.C. Section 230(d) as amended, Expert Diesel Parts hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

5. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not collect your credit card information—all credit card processing is done via our third-party providers (e.g., Shopify, Apple Pay, Google Pay, PayPal, Meta Pay). If we transition to a different provider in the future, this section will automatically apply to the current provider(s) processing credit card payments, and references to our payment provider(s) shall be deemed references to the new provider(s). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these TOS.

6. COPYRIGHT DISCLAIMER

Expert Diesel Parts is an independent reseller and is not affiliated with, sponsored by, or endorsed by Bobcat Company, CAT/Caterpillar, John Deere, Kubota, Deutz or their copyrighted products. The trademarks listed belong to their respective owners and are not used by Expert Diesel Parts with the permission of the owners, nor have the owners of these marks endorsed, sponsor, approved, or participated in the operation of this website. Expert Diesel Parts is in no way representing the above mentioned companies. Any reference to the above name brands and/or part numbers are for cross reference and part compatibility purposes only.

7. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

8. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TOS.

11. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TOS.
If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Service to upload, post, share or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior, (b) violates, infringes, threatens, abuses, harasses or evades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity, (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party, (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability, (f) impersonates any person or entity, including any employee or representative of Expert Diesel Parts, (g) imply that your Content is in any ways sponsored or endorsed by Expert Diesel Parts, except without our prior written consent, or (h) violates any applicable law or these TOS. 

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone's reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.

All your Content must comply with these TOS, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content.

13. GRANT OF LIMITED LICENSE

Expert Diesel Parts may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant Expert Diesel Parts and its affiliates and licensees a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use, including, but not limited to the right to copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of, your Content for any purpose. You also irrevocably grant the users of the Services and any Other Media the right to access your Content in connection with their use of the Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Expert Diesel Parts and its users any claims and assertions of moral rights or attribution with respect to your Content. You acknowledge that we are under no obligation to pay you or anyone else for any use or disclosure of your Content. 

14. PERSONAL INFORMATION & PRIVACY POLICY

Your use of the Services and any information and personal information provided by you or gathered by Expert Diesel Parts or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated to these TOS by this reference. By using the Services, you acknowledge and agree to Expert Diesel Parts’ collection, use and sharing of your information as set forth in the Privacy Policy.

If you do not agree to our Privacy Policy, please do not use and promptly exit the Services.

15. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. PROHIBITED USES

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Expert Diesel Parts and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Expert Diesel Parts, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Expert Diesel Parts’ prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering.

We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Service, information will be transmitted over an internet medium that is beyond the control of Expert Diesel Parts. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

It is a condition of your use of the Services that you do not:

• Interfere with any other user from using and enjoying the Services;

• Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

• Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without Expert Diesel Parts’ prior written consent;

• Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams or unlawful acts;

• Attempt to gain unauthorized access to other computer systems or networks connected to the Services; or

• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; 

• Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any service or product that may be presented by the Services.

• Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers.

• Use the Services for unlawful purposes.

• Use the Services to commit an act of deception, fraud or abuse or violation of Expert Diesel Parts’ or any other company’s terms;

• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

• To infringe upon or violate our intellectual property rights or the intellectual property rights of others; 

• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by arising out of your breach of these TOS or violation of applicable law, your use or access of the Services, or access by anyone accessing the Service using your Account.

17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

WE DO NOT MANUFACTURE OR CONTROL ANY OF THE PRODUCTS OR SERVICES OFFERED ON OUR WEBSITE. THE AVAILABILITY OF SERVICES AND PRODUCTS THROUGH OUR WEBSITE DOES NOT INDICATE AN AFFILIATION WITH OR ENDORSEMENT OF ANY PRODUCT, SERVICE, OR MANUFACTURER. ACCORDINGLY, WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED ON OUR WEBSITE. HOWEVER, THE PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE ARE COVERED BY THE MANUFACTURER’S WARRANTY AS DETAILED IN THE PRODUCT’S DESCRIPTION ON OUR WEBSITE AND INCLUDED WITH THE PRODUCT. TO OBTAIN WARRANTY SERVICE FOR DEFECTIVE PRODUCTS, PLEASE FOLLOW THE INSTRUCTIONS INCLUDED IN THE MANUFACTURER’S WARRANTY.

 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

Our liability extends only to the purchase price of the item purchased on our Website.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THIS TERMS OF USE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

IN ALL EVENTS, OUR AGGREGATE LIABILITY TO YOU FOR CLAIMS RELATING TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

UNDER NO CIRCUMSTANCES SHALL EXPERT DIESEL PARTS BE LIABLE FOR ANY EXPENSES YOU MAY INCUR RELATED TO THE PRODUCTS. THIS INCLUDES, BUT IS NOT LIMITED TO, LABOR OR INSTALLATION CHARGES, DOWN TIME, TOWING, TRAVEL, LODGING OR OTHER EXPENSES INCURRED IN DIAGNOSIS OF ANY CLAIMED DEFECT (SUCH AS THIRD-PARTY TESTING), REMOVAL OR REINSTALLATION OF THE PRODUCT, OR ANY OTHER CONTINGENT EXPENSES YOU MAY INCUR. THE PRODUCTS ARE PROVIDED ON AN "AS IS" WITH ALL FAULTS BASIS AND WITH NO WARRANTY EXCEPT THE LIMITED WARRANTY SET FORTH ABOVE.

If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

18. EXCLUSION OF DAMAGES

None of the Expert Diesel Parts parties will be liable to you or any third party for any direct, indirect, punitive, incidental, special, consequential damages (including damages relating to lost profits, lost data or loss of goodwill) or any damages whatsoever that result from your use of or inability to use the services or other service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, and even if Expert Diesel Parts has been advised of the possibility of such damage. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that each of the Expert Diesel Parts parties shall not be liable for any defamatory, offensive or illegal conduct of any user of the services or other service. Without limiting the foregoing, Expert Diesel Parts will not be liable for any loss or damage arising out of (1) your failure to comply with paragraph 3 (registration, accounts and passwords) of these TOS or (2) content posted to the services or other services by you or any third party.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Expert Diesel Parts and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any Expert Diesel Parts parties arising out of your use of the Services or any alleged breach by you of any provision of these TOS, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity, or your violation of any law or the rights of a third-party. If you are obligated to indemnify any Expert Diesel Parts parties, Expert Diesel Parts may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Expert Diesel Parts.

20. SEVERABILITY

In the event that any provision of these TOS is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOS, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. TERMINATION

These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of either you or us incurred prior to the termination date shall survive the termination of this Agreement for all purposes. You may terminate these TOS at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TOS, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

22. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the TOS). Any ambiguities in the interpretation of these TOS shall not be construed against the drafting party.

23. GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

Subject to the arbitration provisions contained herein, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these TOS will be brought exclusively in the courts of Los Angeles County, California and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum nonconveniens or otherwise. 

 

Licensors of the Expert Diesel Parts Services are third party beneficiaries to these TOS. No failure or delay by Expert Diesel Parts in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these TOS. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these TOS, our Privacy Policy, or other Expert Diesel Parts Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these TOS are for convenience only and have no legal or contractual effect. These Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Expert Diesel Parts’ prior written consent.

24. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these TOS, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with Expert Diesel Parts, or (iii) any data or information you may provide to Expert Diesel Parts or that Expert Diesel Parts may gather in connection with such use, interaction or transaction (collectively, “Expert Diesel Parts Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services, or engaging in any other Expert Diesel Parts Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of Expert Diesel Parts’ parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have against Expert Diesel Parts, and any claim that Expert Diesel Parts may have against you, arising out of, relating to, or connected in any way with these TOS, our Privacy Policy, or any Expert Diesel Parts Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Expert Diesel Parts agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Expert Diesel Parts (the “Arbitrator”);

2. the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these TOS and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these TOS is void or voidable;

3. the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Expert Diesel Parts; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

4. the Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii)shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

5. the Arbitration can resolve only your and/or Expert Diesel Parts’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

6. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

7. in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Expert Diesel Parts will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

8. in the event you recover an Award greater than Expert Diesel Parts’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Expert Diesel Parts’ reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but Expert Diesel Parts shall in all events bear its own attorneys' fees; and

9. with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e)is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Expert Diesel Parts shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

10. Expert Diesel Parts may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Expert Diesel Parts has given notice of such modifications and only on a prospective basis for claims arising from Expert Diesel Parts Transactions and Relationships occurring after the effective date of such notification.

11. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Expert Diesel Parts in your local small claims court within the United States, if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

25. RISK OF LOSS

Expert Diesel Parts shall make all commercially reasonable efforts to maintain the availability of the Services, however Expert Diesel Parts will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Expert Diesel Parts’ control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Expert Diesel Parts regarding the Services are final.

All purchases of physical items from Expert Diesel Parts are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

26. RETURNS, TITLE, AND SHIPPING POLICIES

Expert Diesel Parts does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. For more information about our returns and refunds, please see our Returns Policy. For information about our shipping policy, please see our Shipping Policy. For those outside of the United States or Canada, you must first contact the Company prior to placing an order. 

27. PRODUCT DESCRIPTIONS

Expert Diesel Parts attempts to be as accurate as possible. However, Expert Diesel Parts does not warrant that product descriptions or other content of any Expert Diesel Parts Service is accurate, complete, reliable, current, or error-free. If a product offered by Expert Diesel Parts itself is not as described, your sole remedy is to return the product in unused condition.

28. PRICING

We reserve the right to change prices, discounts, and promotions at any time without notice. The prices charged for any product or service will be the prices in effect at the time the order is placed and will be outlined in your order confirmation email. Any price increases will only apply to orders placed after such changes have been implemented. Please note that posted prices do not include applicable taxes or charges for shipping and handling; these will be added to your merchandise total and itemized in your shopping cart and order confirmation email. 

We strive to ensure pricing information is accurate; however, typographical errors, inaccuracies, or omissions related to pricing and availability may occasionally occur. We reserve the right to correct any such errors, inaccuracies, or omissions at any time and to cancel any orders resulting from these occurrences. 

Terms of payment are at our sole discretion and, unless otherwise agreed in writing, payment must be received prior to our acceptance of an order. We accept Amex, Apple Pay, Diners Club, Discover, Meta Pay, Google Pay, Mastercard, PayPal, Shop Pay, Venmo, and Visa for all purchases. By providing credit card information, you represent and warrant that (i) the information is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay all charges incurred by you at the posted prices, including any applicable shipping and handling charges and taxes, irrespective of the amount quoted on the website at the time of your order.

29. MARKETING COMMUNICATIONS AND OPT-OUT RIGHTS

You acknowledge and agree that by providing your contact information to Expert Diesel Parts, you may receive marketing communications via email, SMS/text message, or telephone. All marketing communications will be sent in accordance with governing law. For SMS/text messages, you can opt out at any time by replying “STOP” or “UNSUBSCRIBE” to any message. For email communications, each message will contain an unsubscribe link. You may also opt out of all marketing communications by contacting us at contact@Expertdieselparts.com. Your opt-out request will be processed within 10 business day or as required by governing local law. Message and data rates may apply for SMS communications. For additional details please see our Privacy Policy. 

30. SANCTIONS AND EXPERT POLICY

You may not use any service offered or provided by Expert Diesel Parts, including without limitation the Services, if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Expert Diesel Parts’ services. You must comply with all U.S. or other Expert and re-Expert restrictions that may apply to goods, software, technology, and services when using any service offered or provided by Expert Diesel Parts.

31. COPYRIGHTS

Expert Diesel Parts respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “Act”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Expert Diesel Parts, pursuant to the Act, reserves the right, but not the obligation, to terminate your license to use the Services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Therefore, in compliance with the Act, if you believe that any such third-party materials infringe your intellectual property rights, please send a notice to the agent identified below to request a review of the alleged infringement. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Expert Diesel Parts to locate the material on the Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Expert Diesel Parts a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Services should be sent to:

JP USA, LLC

440 N. Barranca Ave #6510

Covina, CA 91723

Email: contact@expertdieselparts.com

30. CONTACT INFORMATION

Questions about the TOS should be sent to us at 

JP USA, LLC

440 N. Barranca Ave #6510

Covina, CA 91723

Email: contact@expertdieselparts.com