Please read these TERMS AND CONDITIONS OF USE (these "Terms and Conditions") carefully. By using this website IsuzuTruckService.com ("IsuzuTruckService.com" or this "Website"), whether as a guest or a registered user or subscriber, you hereby agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Website.
Isuzu Global Service System, LLC ("IsuzuTruckService" and, together with its affiliates, collectively, "Isuzu") develops and maintains IsuzuTruckService.com, and sells goods and services and provides other resources through IsuzuTruckService.com. IsuzuTruckService reserves the right at its discretion to change these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective immediately when any such change is posted on this Website. Your continued use of this Website after the change of Terms and Conditions shall constitute your acceptance of any such changes. You should periodically visit this page to determine the then-current Terms and Conditions.
Scope of ContentIsuzuTruckService sells products and licenses through this Website ("Goods"). All Goods sold through this Website are intended for sale within the United States and Canada only, and will only be construed and evaluated according to United States law. IsuzuTruckService makes no representations or warranties that the Goods are appropriate for locations outside the United States and Canada. The Goods and the Isuzu vehicles and other products described in this Website contain uniquely American and Canadian, as applicable, specifications and equipment and are offered for sale only in the United States and Canada. Residents of the European Union may not order from this Website, and this Website will not accept payment or shipment addresses to countries in the European Union.
This Website also provides customers with access to the latest information about Isuzu products and services, and the ability to purchase a collection of resources, including service manuals, training materials, bulletins, and tools (collectively, "Services"). The Services are available on a subscription basis for registered users, and subscribers may purchase these Services through this Website. This Website also provides certain free resources from time to time that are generally available.
All information and products displayed or transmitted on this Website (including, but not limited to, service manuals, training materials, troubleshooting guides and other guides, bulletins, tools, gift products, text, images, trademarks, audio, video and the like, collectively the "Content") is intended for viewing within the United States and Canada only, and will only be construed and evaluated according to United States law. If you use this Website from other locations, you are responsible for compliance with any and all applicable laws in those jurisdictions. IsuzuTruckService makes no representations that the materials contained within this site are appropriate for locations outside the United States and Canada. The promotional programs and technical information described in this Website are only relevant to those states and territories of the United States and Canada as specifically referred to within the descriptions of such products and information. All pricing information referred to in this Website is in U.S. dollars.
Representations and Warrantiesa. You represent and warrant that you are over the age of majority and can form a legally binding contract under applicable law.
b. You represent and warrant that you will provide true, accurate, current and complete information about yourself as prompted by IsuzuTruckService.com, and that the billing address you provide is the address your credit card issuer has on file for you.
c. You represent and warrant that you will not use the Goods and/or Services for any improper purpose, and that you will act in good faith in your relationship with IsuzuTruckService and its affiliates.
d. You represent and warrant that you will buy for your own use or your company's use, and not for resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Goods and/or Services purchased through this Website, use of the Goods and/or Services, or access to the Goods, Services, and/or this Website.
e. If you are purchasing Goods and/or Services on behalf of a company, you represent and warrant that you have sufficient authority to bind that company to these Terms and Conditions.
Registration and PasswordTo use this Website, you must register with IsuzuTruckService on the form provided. You agree to provide true, accurate, current and complete information about yourself as prompted by IsuzuTruckService's registration form and to maintain and promptly update the information ("Registration Data") you provide to keep it true, accurate, current and complete. If IsuzuTruckService has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IsuzuTruckService has the right to suspend or terminate your account and refuse any and all current or future use of this Website. You will choose a password through the registration process. You are responsible for maintaining the confidentiality of your password, and are responsible for all usage of your username and password (hereafter referred to as "account") by any third party that you allow to accesses your account using your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at IsuzuTruckService's sole discretion. You agree to ensure that you exit from your account at the end of each session. You agree to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify IsuzuTruckService immediately of any unauthorized use of your account or any other breach of security. Neither IsuzuTruckService nor any of its affiliates will be liable for any loss or damage arising from your failure to protect your account.
Subscription Term and PaymentYou can subscribe to the Services on a daily, monthly, or annual basis. By subscribing to the Services, you agree to pay all charges to your account in accordance with the term selected, and the billing terms in effect when payment is due. We reserve the right to modify or add additional fees and billing terms, upon prior notice to subscribers on this Website.
We agree to terminate a subscriber's account at any time upon notice from the member through the Contact Page on this Website. Upon termination of your account, you will not receive a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed on your account, you will be liable for all attorneys' and collection agency fees.
Ordering and Payment InformationPrices, specifications and availability of Goods available on IsuzuTruckService.com are subject to change without notice. If a discrepancy arises between the price quoted on this Website and the check-out page, the latter will prevail. In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, IsuzuTruckService shall have the right to refuse or cancel any orders placed for Goods listed at the incorrect price. IsuzuTruckService shall have the right to refuse or cancel any such orders whether or not an order confirmation has been sent and/or payment has been made. If payment has already been made and your order is canceled, IsuzuTruckService shall refund the amount of the incorrect price in the same tender as the original purchase.
IsuzuTruckService shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States and Canada.
Terms of payment are within IsuzuTruckService's sole discretion, and unless otherwise agreed, payment must be received by IsuzuTruckService prior to acceptance of an order. IsuzuTruckService may accept payment via Visa or MasterCard. You represent and warrant that (i) the credit card information you supply to us 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 company; and (iv) you will pay all charges incurred by you, including all applicable taxes, if any. Please see the IsuzuTruckService Privacy Policy for more information about the steps we take to protect your personal information. Orders are not binding until the order is accepted by IsuzuTruckService. IsuzuTruckService may need to verify any information you provide before it accepts an order, and may cancel an order any time after it has been placed. IsuzuTruckService expressly conditions its acceptance of your order on your agreement to these Terms and Conditions. You agree that your acceptance of any Goods provided by IsuzuTruckService shall constitute your irrevocable acceptance of these Terms and Conditions.
Shipping and DeliveryFor those Goods which you choose to have shipped to you, unless otherwise noted, IsuzuTruckService will make best efforts to ship the Goods to you following receipt of a properly submitted order and your payment. IsuzuTruckService cannot ship to P.O. Boxes. IsuzuTruckService may offer alternative shipping options on this Website. You will select a shipping option from among the ones that are offered, and any loss or damage that occurs during shipping is your responsibility. You will pay all shipping and handling charges specified during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. Neither IsuzuTruckService nor any of its affiliates is liable for any delays in shipments.
Unless otherwise agreed to in writing by each party, all shipments are F.O.B. the original shipping point, and risk of loss shall pass to you at such time as possession of such Goods is given to a transportation carrier. Notwithstanding delivery and the passing of risk in the Goods, title to the Goods shall not pass to you until IsuzuTruckService has received in cash or cleared funds payment in full of the price of the Goods. Neither IsuzuTruckService nor any of its affiliates has any obligation to obtain insurance for you covering Goods in transit to you. ANY AND ALL CLAIMS FOR LOSS OR DAMAGE TO GOODS IN TRANSMIT MUST BE MADE TO THE DELIVERING CARRIER AND NOTED ON THE DELIVERY RECEIPT. Upon your receipt of shipment, you must immediately inspect the Goods. Unless you provide IsuzuTruckService with written notice of any claim for shortages of, or loss or damage to, the Goods within five (5) days after receipt of shipment, such Goods shall be deemed finally inspected, checked, and accepted by you.
Force MajeureNeither IsuzuTruckService nor any of its affiliates will be liable or otherwise responsible for any damage, loss, fault, or expenses arising out of delays in shipment or other non-performance of any order caused or imposed by: strikes, fires, disasters, riots, acts of nature; intervention of government, war or threat of war, acts of terrorism, conditions similar to war, sanctions, blockades, embargoes; your acts; shortages of labor, fuel, power, materials, supplies, transportation, or manufacturing facilities; governmental action, subcontractor delay or any other cause, condition or circumstance beyond IsuzuTruckService's reasonable control (collectively, "Force Majeure"). If there is a delay or nonperformance due to Force Majeure, then IsuzuTruckService may, at its option and without liability, revoke all or any portion of its acceptance of your order and/or extend any date upon which any performance is due.
Return PolicyYou cannot terminate, cancel or modify, or defer shipment of your order after IsuzuTruckService's acceptance of your order, except with IsuzuTruckService's written consent. IsuzuTruckService's written consent will only be given upon payment of reasonable charges for any expenses incurred by IsuzuTruckService in processing the order, including without limitation, current restocking charges. You may not return the Goods, and IsuzuTruckService is not obligated to accept returned Goods, without IsuzuTruckService's written authorization. Requests to return Goods must be made within thirty (30) days from the date of shipment on the Contact Page of the this Website and must contain your customer number, your order confirmation number, the Goods you wish to return, the reason for returning the Goods, and the date received. Returned Goods are subject to IsuzuTruckService's then-current restocking charge, freight for both delivery and return, and any necessary reconditioning and/or repackaging charges. IsuzuTruckService will send you an email message with a return merchandise authorization ("RMA") number and the instructions for returning the Goods.
Notwithstanding anything to the contrary contained herein or in any other agreement, no refunds of any kind will be accepted on any hardware or open software (along with any non-software items included in the same package as the open software) purchased on IsuzuTruckService.com for ANY reason without prior authorization from an IsuzuTruckService representative. If you receive a defective product, please use the Contact Page with your customer number, order confirmation number, the product, and the description of the defect. The defective item must be sent in prior to any replacement being shipped. CD-ROMs found to be defective will be exchanged for a replacement CD-ROM of the same title.
All returns must be received within fourteen (14) days of the RMA number being issued. All returns must have the RMA number clearly displayed on the outside of the package. If a return does not have an RMA number, the package will be refused and returned at the customer's expense.
Please also include a copy of the original order confirmation in the package with "PRODUCT RETURN" and your RMA number written in block letters at the very top. All packages being returned MUST be sent by prepaid freight. You are responsible for all shipping and handling charges on returned items. Any package arriving freight collect will be refused. You bear the risk of loss during shipment.
Copyright, Trademark & Proprietary RightsAll content of any software included with the Goods purchased through this Website (collectively, "Software"), this Website, all Content, and any other content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) with respect to any of the foregoing (collectively, "Intellectual Property"), are protected by international copyright and other intellectual property or proprietary rights laws. All Intellectual Property is owned by IsuzuTruckService, its affiliates, or third-party licensors. Any use of this Website, the Content, the Software, or any other Intellectual Property, including but not limited to, the modification, distribution, reproduction, republication, transmission, posting, reposting, transfer, uploading, duplication or selling thereof without the prior written permission of IsuzuTruckService is strictly prohibited. The use of any such Intellectual Property on any other website or network computer environment is prohibited.
Where applicable, for Software included with the Goods purchased by you through this Website, and for Services for which you are an active subscriber, IsuzuTruckService, on behalf of Isuzu, grants you a non-exclusive, non-transferable, revocable license to use such Software or such Services, as applicable, for the sole purposes for which they are intended. You acknowledge that the Software and the Services contain valuable confidential and proprietary information and trade secrets of IsuzuTruckService, its affiliates, and/or its licensors, and you (including your agents, employees, and/or other representatives) shall not, without IsuzuTruckService's prior written consent, disclose the details of the Software or the Services to any third parties. All rights, title, and interest in the Software and the Services, as applicable, including revisions and updated versions, shall remain the property of IsuzuTruckService, its affiliates, and/or its licensors. All rights to the Software or the Services not expressly granted in these Terms and Conditions shall remain reserved. If necessary, you agree to sign a license agreement with the licensor of the Software or the Services. You are not allowed to make any back-up copies of the Software or the Services without IsuzuTruckService's prior written consent. IsuzuTruckService may terminate your license(s) upon notice to you. You must destroy all copies of the Software and the Services immediately upon notice of termination. Without in any way waiving any of the foregoing rights, you may print copies of the Isuzu diagnostic and repair information for your own use, provided you do not delete or change any copyright, trademark or other proprietary notices.
ISUZU, IsuzuTruckService, IsuzuTruckService.com trademarks and service marks, and other Isuzu logos and product and service names are trademarks of Isuzu (collectively, the "Isuzu Marks"). Without IsuzuTruckService's prior permission on behalf of Isuzu, you agree not to display or use in any manner, any of the Isuzu Marks. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Hyperlinks; Links to This Website; and Third-Party ContentThis Website may contain links to other websites, which are completely independent of this Website. IsuzuTruckService makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other websites is at your own risk. If you link to this Website, you must do so in a way that is fair and legal and does not damage the Isuzu reputation or take advantage of it and does not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We are not liable or responsible for any third-party content on or accessed from this Website. Third-party content includes, without limitation, the content of any advertisements, applications posted by other third parties, and content accessed through any such applications.
Rules of ConductYou agree not to use this Website in any manner, or post on or transmit to this Website any content, which: (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening; (b) contains viruses or other contaminating or destructive features or otherwise attempts to interfere with the proper working of this Website; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, or trade secret, or violates any right of privacy or publicity; (d) otherwise violates any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the United States or other countries), (e) impersonates or attempts to impersonate IsuzuTruckService, any affiliate, any employee, agent, or respective representative thereof, another user, or any other person or entity associated with any of the foregoing, (f) restricts or inhibits anyone's use or enjoyment of this Website or which, as determined by us, may harm IsuzuTruckService, any of its affiliates, or any users of this Website or expose them to liability.
PrivacyInformation collected by IsuzuTruckService is subject to our Privacy Policy. For more information, see our full Privacy Policy. For reporting purposes, this Website and its users are monitored. IsuzuTruckService logs access statistics and security information of URLs of the machine originating the request and the time of the request. The use of this Website constitutes consent to such monitoring.
Disclaimer of Warranties and Limitation of Liability — Use of Website, Services, and ContentTHIS WEBSITE IS PROVIDED BY ISUZUTRUCKSERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER ISUZUTRUCKSERVICE NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ISUZUTRUCKSERVICE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ISUZUTRUCKSERVICE NOR ANY OF ITS AFFILIATES WARRANTS THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ISUZUTRUCKSERVICE OR ANY OF ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ISUZUTRUCKSERVICE NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disclaimer of Warranties and Limitation of Liability — GoodsWith respect to only hardware Goods purchased through this Website, if any, IsuzuTruckService will repair or replace at its discretion hardware Goods that do not materially conform to IsuzuTruckService's published specifications in effect as of the date of shipment for a period of twelve (12) months from the date of shipment of such Goods ("Warranty Period") as provided herein by IsuzuTruckService. Such repair or replacement shall be your sole and exclusive remedy. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO AFFIRMATION OF ISUZUTRUCKSERVICE OR ANY OF ITS AFFILIATES, BY WORDS OR ACTION, OTHER THAN AS SET FORTH IN THIS SECTION, NOR ANY ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, MADE BY ISUZUTRUCKSERVICE OR ANY OF ITS AFFILIATES, TO PURCHASERS OF THE GOODS SHALL CONSTITUTE A WARRANTY HEREUNDER. IsuzuTruckService's warranties provided herein shall not apply to any Goods that are not exclusively hardware (including, without limitation, any Software included as part of the Goods purchased through this Website), or any Goods that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident improper installation, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair performed by anyone other than IsuzuTruckService, its affiliates, or one of their respective authorized agents. Products manufactured by a third party (each, a "Third-Party Product") may constitute, contain, be contained in, incorporated into, attached to, or packaged together with, the Goods. Third-Party Products are not covered by any warranty in these Terms and Conditions. For the avoidance of doubt, NEITHER ISUZUTRUCKSERVICE NOR ANY OF ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) 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. Except as otherwise set forth below, any claim by you with reference to the hardware Goods sold through this Website shall be deemed waived by you unless submitted in writing to IsuzuTruckService within the earlier of (i) five (5) days following the date you discovered, or by reasonable inspection should have discovered, any claimed breach of the foregoing warranty, and (ii) the last date of the applicable Warranty Period. Any cause of action for breach of the foregoing warranty with respect to hardware Goods must be brought within the applicable Warranty Period.
NEITHER ISUZUTRUCKSERVICE NOR ANY OF ITS AFFILIATES SHALL IN ANY EVENT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES TO ANY PERSON, WHETHER BASED UPON BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF CONTRACT OR ANY OTHER THEORY, REGARDLESS OF WHETHER THE REPLACEMENT OR REFUND REMEDY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE OR FOR ANY OTHER REASON WHATSOEVER. "CONSEQUENTIAL DAMAGES" FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OR DAMAGE TO PROPERTY (INCLUDING, WITHOUT LIMITATION, PROPERTY HANDLED OR PROCESSED BY THE USE OF THE GOODS).
IndemnityBy using or accessing this Website, you agree to defend, indemnify, and hold IsuzuTruckService, its affiliates, licensors, and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, partners, successors, and assigns, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees), due to or arising out of, directly or indirectly, any of the following: (i) your use of this Website, including any of the Content or Services, or any other data or content that you transmit or receive, (ii) your purchase and use of Goods and any Software included as part of the Goods purchased through this Website, (iii) your connection to this Website, (iv) your violation of these Terms and Conditions, including any breach of representations and warranties, (v) your violation of any third-party rights, including privacy or intellectual property rights, (vi) your violation of statutory laws, rules, or regulations, (vii) any content submitted from your account, including any misleading, false, or inaccurate information, whether submitted directly by you or by any third party accessing your account using your username, password, or any other security measures, and (viii) your gross negligence or intentional misconduct.
NoticesNotices to you may be made via either email or regular mail. IsuzuTruckService may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links generally available to you on IsuzuTruckService.com.
Modification of ServiceIsuzuTruckService reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website or any of the functionality thereof, the Services (or any part thereof) or any Goods available on this Website, in each case at IsuzuTruckService's sole discretion. You agree that IsuzuTruckService shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website or any functionality thereof, any of the Services (or any part thereof), or any Goods available on this Website. From time to time, we may restrict user access, including registered user access, to some parts of this Website or the entire Website. Although we may update the content of this Website from time to time, the content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and we are under no obligation to update such material.
Performance Excused in the Event of BreachIn addition to the rights and remedies conferred upon IsuzuTruckService by law or in equity, IsuzuTruckService shall not be required to proceed with the fulfillment of any order if you are in default in the performance of any order or contract with IsuzuTruckService or any of its affiliates.
TerminationYou agree that IsuzuTruckService, in its sole discretion, may immediately terminate your account and access to the Website and/or the Services upon notice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical issues or problems. Further, you agree that IsuzuTruckService shall not be liable to you or any third party for any termination of your account or access to the Website or the Services.
MiscellaneousThis Website may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. IsuzuTruckService cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
These Terms and Conditions constitute the entire agreement between you and IsuzuTruckService, and govern your use of this Website, the Consent, the Services, and/or your purchase and use of the Goods and any Software included with the purchase of the Goods purchased through this Website, superseding any prior agreements between you and IsuzuTruckService on the matters contained in these Terms and Conditions. These Terms and Conditions and the relationship between you and IsuzuTruckService or any of its affiliates shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and IsuzuTruckService agree to submit to the personal and exclusive jurisdiction of the courts located within Orange County, California. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you. You may not assign any of your rights or obligations hereunder without the prior written consent of an authorized representative of IsuzuTruckService. Any attempted delegation or assignment by you shall be void. IsuzuTruckService may attach conditions to the giving of its consent. IsuzuTruckService may assign any of its rights hereunder or sub-contract its performance without your consent. The failure of IsuzuTruckService to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If IsuzuTruckService delays, targets, or chooses not to enforce its rights under these Terms and Conditions, it shall not affect its right to do so at a later date. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.