Terms of Use

Effective Date: 04/01/2020

Welcome to the Diesel Forward website(s).  Please note that your use of any Diesel Forward websites, including, but not limited to, www.dieselforward.com, https://df-order.disnet.com, https://dfwarranty.dieselforward.com/, https://dfwarranty.alliantpower.com/ and https://dfwarranty.disdistribution.com/ (collectively, the “Website”), is subject to the terms and conditions set forth in this document (the "Agreement").  Please read the Agreement carefully and ensure that you understand it before you use the Website.  By using the Website, you are representing that you understand the Agreement and its terms, and affirmatively accept and agree to comply with the Agreement.

Throughout the Agreement, the terms “Diesel Forward”, the “Company”, “us”, “our” and “we” refers to Diesel Forward, Inc., Diesel Forward International, Inc., and its/their affiliates, parents, subsidiaries, officers, owners, directors, employees, agents, and representatives.   

THE AGREEMENT EXEMPTS DIESEL FORWARD FROM LIABILITY OR LIMITS ITS LIABILITY IN CERTAIN RESPECTS.  THE COMPANY ENCOURAGES YOU TO READ THE PROVISIONS SET FORTH HEREIN TO UNDERSTAND THESE EXEMPTIONS AND LIMITS ON LIABILITY, AS WELL AS TO UNDERSTAND YOUR OBLIGATIONS AND RESTRICTIONS RELATING TO YOUR USE OF THE WEBSITE.

PLEASE NOTE THAT THE COMPANY RESERVES THE RIGHT TO MODIFY THE WEBSITE AND/OR THE AGREEMENT AT ANY TIME.  EACH AND EVERY TIME THAT YOU USE THE WEBSITE, THE AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE.  AS A RESULT, THE COMPANY STRONGLY ENCOURAGES YOU TO REVIEW THE EFFECTIVE DATE SET FORTH ABOVE WHEN YOU USE THE WEBSITE.  IF THE EFFECTIVE DATE HAS CHANGED SINCE YOU LAST VISITED THE WEBSITE, YOU SHOULD REVIEW THE AGREEMENT TO ENSURE THAT YOU UNDERSTAND ANY AND ALL NEW/REVISED TERMS.

• Your Ability To Enter Into The Agreement

Each and every time that you visit the Website, you signify your agreement, and the agreement of all persons you represent, to be bound by the Agreement.  In addition, by visiting the Website, you represent and warrant that you have the legal authority to agree to and accept the Agreement on behalf of yourself and all persons you represent.  If you do not agree with each provision of the Agreement, or you are not authorized to enter into the Agreement, you may not visit the Website.  By visiting the Website, you confirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into and comply with the Agreement.

• Your Use Of The Website

All content included on the Website (the “Content”), including, but not limited to, all information, text, design, images, graphics, videos, audio clips, logos, icons, interactive features, downloads, interfaces, code, software, intellectual property held by Diesel Forward, and other material and data, as well as the selection and arrangement of any of the foregoing, is the exclusive property of Diesel Forward, its licensors and/or its content providers.  As a result, the Content is protected by copyright, registered trademark, and/or other applicable laws.  In the event that you copy, download and/or print any part of the Content, you agree that your actions are only for your personal and noncommercial use of the Content, and that you shall not modify or delete any copyright, registered trademark or other proprietary notice that appears on Content you copied, downloaded or printed from the Website.  Any other use of the Content, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, as well as any web scraping, web harvesting, and/or web data extraction from the Website, is expressly prohibited.  Please note that Diesel Forward retains full and complete title to the information and material provided on the Website, including all associated intellectual property rights.  Diesel Forward does not warrant or represent that your use of information and/or material from the Website will not infringe any one or more rights of third parties.

Any improper use by you of any of the Content, including, but not limited to, any use that damages or interferes with the proper working of the Website, or surreptitiously intercepts any data or personal information from the Website, is strictly prohibited.  You may not interrupt or attempt to interrupt the operation of the Website in any way.  

Diesel Forward reserves the right, in its sole discretion, to terminate your access to and/or use of the Website at any time with or without notice.  Such termination of your access or use of the Website will not waive or affect any right or relief to which Diesel Forward may be entitled.

You hereby acknowledge responsibility for any information and/or material you submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material.  You may not use the Website to upload, disseminate, distribute, or publish any material that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, infringes on intellectual property rights, or otherwise objectionable; (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law; and/or (iii) contains software viruses, political messaging, chain letters, mass mailings, or any form of "spam".  In addition, you may not use the Website to provide the Company with any false e-mail address, false physical address, or other false personally identifying information, or to impersonate any other person or entity, or to otherwise mislead the Company.

The Website provides you with the ability to provide personal and/or contact information in several respects, including employment inquiries and product inquiries.  You may not share any such information with the Website unless that information directly pertains to you and/or an entity that you represent.  You represent and warrant that any personal and/or contact information you supply to or obtain from the Website was collected, disclosed to Diesel Forward and/or otherwise processed only in compliance with applicable law. 

• You Are Not Permitted To Use Any Intellectual Property Displayed On The Website

Diesel Forward's intellectual property, including trademarks, logos, and service marks as displayed on the Website are registered and unregistered trademarks of Diesel Forward, its affiliates, its parents and subsidiaries, its licensors, its content providers, and other third parties.  All such trademarks, logos, and service marks are the property of their respective owners.  Nothing on the Website shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website without the prior written permission of the owner of the trademark, logo, or service mark, except as otherwise described herein.  Diesel Forward reserves all rights not expressly granted in and to the Website and its content.

• Links To Other Internet Sites

The Website may contain links to other Internet sites.  Those links are provided only as a convenience. Diesel Forward has not necessarily reviewed all of the information on the other sites and is not responsible for the content of any other sites, and/or any of the information, material, products or services that may be offered through any of the other sites. Our inclusion of links to other sites on the Website should not be viewed as an endorsement of the content of the linked sites. Different terms and conditions may apply to your use of any linked sites. Diesel Forward is not responsible for any losses, damages, or other liabilities you incur as the result of your use of any of the Internet sites to which the Website links.

• DISCLAIMERS

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.  YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL OF THE CONTENT ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS.  THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.  DIESEL FORWARD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.  IN ADDITION, DIESEL FORWARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT YOUR USE OF THE WEBSITE WILL BE LAWFUL IN ANY PARTICULAR JURISDICTION; THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF YOU DOWNLOAD ANY OF THE CONTENT, OR UPLOAD ANY MATERIALS TO THE WEBSITE, YOU DO SO AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIESEL FORWARD OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. DIESEL FORWARD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT’S COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR AUTHENTICITY.

• LIMITATIONS OF THE COMPANY’S LIABILITY

DIESEL FORWARD MAKES THE WEBSITE AVAILABLE TO YOU AT NO CHARGE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE SOLE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION. IN EXCHANGE FOR DIESEL FORWARD ALLOWING YOU TO USE THE WEBSITE, YOU AGREE THAT DIESEL FORWARD AND ITS BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, DIESEL FORWARD'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DIESEL FORWARD AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE WEBSITE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DIESEL FORWARD ARISING OUT OF OR IN CONNECTION TO YOUR USE OF THE WEBSITE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND DIESEL FORWARD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE WILL BE PERMANENTLY BARRED UNLESS COMMENCED WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 

If applicable, you agree that the benefits of the provisions in SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR FEDERAL OR STATE STATUTE ARE HEREBY WAIVED, and you acknowledge and agree that this limitation of liability will be delivered in the state of California and that this Section 1542 waiver is an essential and material term of this limitation of liability.

• You Agree To Indemnify The Company For Certain Liabilities

By using the Website, you agree to indemnify, defend and hold harmless Diesel Forward from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of the Agreement. If technical disruption of the Website or the systems supporting the Website occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Diesel Forward reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, users of the Website agree to cooperate with Diesel Forward in defense of such matter.

• You Agree To Submit To Wisconsin Law

Diesel Forward controls the Website from its offices in the United States of America. Diesel Forward is incorporated in the State of Wisconsin, and the Website has been designed to comply with the laws of Wisconsin and the United States. Wisconsin law governs the Agreement and your use of the Website. If you access the Website from a location outside of the United States, you do so at your own sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Website. Enforcement and/or any action related to the enforcement of the Agreement are governed by the jurisdiction of courts located in Wisconsin.

• You Agree To Submit Any Dispute To Binding Arbitration

Any controversy or claim arising out of or relating to the Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Madison, Wisconsin, United States of America. Notwithstanding the foregoing, you or Diesel Forward may seek injunctive relief from an appropriate court located in Madison, Wisconsin, prior to or during the arbitration.

• This Agreement Constitutes The Entire Understanding Between The Parties Regarding Your Use Of The Website

The Agreement, along with any posted policies or operating rules contained on the Website, constitutes the entire contract between Diesel Forward and you regarding the Website.  The Agreement supersedes any prior or contemporaneous communications and proposals, whether oral or written (electronically or otherwise).

• Severability Of Any Unlawful, Void Or Unenforceable Provisions

If any provision of the Agreement is unlawful, void or unenforceable, the remaining provisions of shall remain in full force.

• No Assignment

You and the persons you represent may not assign the Agreement and/or your rights and obligations under the Agreement without the express prior written consent of Diesel Forward. On the other hand, Diesel Forward may assign the Agreement and its rights and obligations under the Agreement without your consent or the consent of any persons you represent.

• How To Contact Us

Please direct any questions regarding the Agreement to [email protected].

Thank you for your interest in Diesel Forward and/or its products and services.