Last updated: January 22, 2021. By accessing or purchasing from JSJ Diesel Sales, Inc. (“JSJ Diesel”) you agree to these Terms. These Terms may be amended from time to time without notice; continued use constitutes acceptance.
These Terms apply to all products offered on https://www.jsjdiesel.com (the “Site”) and our eBay store (the “Product Store”), operated by JSJ Diesel Sales, Inc., a Florida corporation, and its subsidiaries, representatives, affiliates, officers, and directors (“JSJ Diesel”). “You” means each individual or entity purchasing products from JSJ Diesel.
These are the Terms referenced on the Site and in any form, quotation, purchase order, invoice, or confirmation. We may amend them at any time. Your continued use or purchase is acceptance of any amendments.
You are responsible for any city, state, or federal taxes, fees, or charges imposed upon purchases via the Site or Product Store.
Delivery Date
Transfer of Risk
International Shipping
All returns/exchanges are subject to a 15% restocking fee of the invoice amount. JSJ Diesel may change this fee at any time.
You agree to indemnify and hold JSJ Diesel, its affiliates, and their officers, directors, employees, and agents harmless from all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from:
Products are provided on an “AS-IS” and “AS-AVAILABLE” basis. To the fullest extent permitted by law and except as otherwise provided on the Site, JSJ Diesel disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, and we are not responsible for third-party providers or linked content. You assume all risks arising from your use/purchase.
Nothing on the Site is legal, professional, or other advice to you.
In no event will JSJ Diesel or its directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits/revenue/data, arising from your use of the Site or purchase of products, even if advised of the possibility. Our total liability will not exceed the amount you paid to us, if any. Certain laws may not allow such limitations; if they apply, you may have additional rights.
By using the Site or purchasing products, you also agree to our Warranty Policy.
Questions? Email JSJDiesel@gmail.com or call 1-866-563-3253.
These Terms are governed by the laws of the State of Florida. The exclusive venue for actions relating to these Terms, the Site, or the Product Store is a court of competent jurisdiction in Broward County, Florida. All parties consent to such jurisdiction and waive forum non conveniens or similar objections.
Informal Negotiations. Before arbitration, the Parties will attempt to resolve any dispute through good-faith negotiations for at least 30 days after written notice.
Arbitration. If unresolved, disputes may proceed to binding arbitration in Miami, Florida under American Arbitration Association rules, on an individual basis only: no joinder, no class actions, and no representative capacity.
Exceptions. The following are excluded from informal negotiation and arbitration: (a) enforcement/protection/validity of intellectual property rights; (b) claims involving theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this provision is unenforceable, such disputes will be decided in the courts specified above.
In any civil action, arbitration, or legal proceeding to enforce these Terms or resolve disputes, the prevailing party is entitled to recover reasonable attorneys’ fees, court costs, sales/use taxes, and related expenses (including fees for arbitration, appeals, bankruptcy, and post-judgment proceedings), including paralegal and investigative fees.
All text, images, and materials on the Site are proprietary to JSJ Diesel and constitute valuable intellectual property. No material may be downloaded, reproduced, broadcast, or disseminated except for personal reference. Unauthorized duplication or use (including listings, newsgroups, email, websites, or reselling offers using similar names/descriptions) is an infringement and a violation of our rights. We will prosecute to the fullest extent allowed by law.
