Terms of service

  1. Introduction

These Terms of Service ("Terms") govern your access to and use of the services, including our website, performance parts ecommerce, and tuning services (collectively, the "Services") provided by Ben's Diesel Performance ("Ben's Diesel Performance," "we," "us," or "our"). By accessing or using the Services, you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Services.

  1. Changes to Terms

We reserve the right to modify or update these Terms at any time, and we will post the updated Terms on our website. It is your responsibility to review these Terms periodically. Your continued use of the Services after any modification to the Terms constitutes your acceptance of the updated Terms.

  1. User Accounts

To access certain features of the Services, you may be required to create an account. You must provide accurate and complete information when creating an account and promptly update your account information as needed. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you suspect unauthorized access to your account, please notify us immediately.

  1. Prohibited Conduct

By using the Services, you agree not to engage in any prohibited conduct, including but not limited to:

a. Violating any applicable laws, regulations, or industry standards; b. Infringing on the rights of any third party, including intellectual property rights, privacy rights, or publicity rights; c. Using the Services for any unlawful or fraudulent purposes; d. Transmitting any material that is defamatory, offensive, or otherwise objectionable; e. Disabling, overburdening, damaging, or impairing the Services, or interfering with other users' enjoyment of the Services; f. Attempting to gain unauthorized access to the Services, other users' accounts, or our systems or networks; g. Using any automated means, such as robots, spiders, or scripts, to access, collect, or otherwise use the Services; h. Reverse engineering, decompiling, or disassembling any software that is part of the Services.

  1. Third-Party Links and Content

The Services may contain links to third-party websites or content. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites or services is at your own risk and subject to the terms and conditions of those websites or services.

  1. Intellectual Property

All content, trademarks, and other intellectual property related to the Services are the property of Ben's Diesel Performance or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms.

  1. Warranty Disclaimer and Limitation of Liability

The Services are provided "as is" and without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. To the fullest extent permitted by law, we disclaim any and all liability for any direct, indirect, incidental, consequential, or special damages arising from your use of, or inability to use, the Services.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Ben's Diesel Performance, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or any infringement or violation by you of any third-party rights, including intellectual property rights.

  1. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Services, your account, or any part thereof, at any time, with or without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to use the Services will immediately cease, and all provisions of these Terms that by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability, shall remain in effect.

  1. Governing Law and Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Services shall be resolved through good-faith negotiations between the parties. If the parties cannot resolve the dispute through negotiation, they agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to take place in Fond Du Lac, Wisconsin.

  1. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

  1. Waiver

No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. Contact Information

If you have any questions, concerns, or comments about these Terms or the Services, please contact us at:

Ben's Diesel Performance N3752 WIS-73, Green Lake, Wisconsin 53946, United States  sales.teambdp@gmail.com (920) 229-4048

  1. Entire Agreement

These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and Ben's Diesel Performance with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.