IN ALL OF ITS PRODUCT CATALOGS AND ON THEIR WEBSITES, DIESEL TUNES PRODUCTS MAKES NOTE OF THE FACT THAT MANY OF ITS PRODUCTS ARE INTENDED TO BE USED ONLY FOR RACING. BUYING OR USING THESE ITEMS ON POLLUTION CONTROLLED VEHICLES DRIVEN ON PUBLIC STREETS, ROADS, OR HIGHWAYS IS NOT PERMITTED. USE THIS PRODUCT AT YOUR OWN RISK.
DO NOT USE ANY PRODUCT OR SERVICE unless and until you (the “Buyer”) have carefully read this Customer Notification and Disclaimer of Liability (this “Disclaimer”). Be sure to abide by all local, state and federal laws, including but not limited to emissions, vehicle safety and traffic laws. It is your responsibility to know what those laws are and how they apply to you. The installation of this product (the “Product”) on your vehicle indicates that you have (a) had the opportunity to inquire about applicable local, state and federal laws and (b) read and understand, and accept all of the terms of, this Disclaimer.
DIESEL TUNES products (where noted in print or online) are designed and intended solely for legally-organized and sanctioned, closed-course, off-road competition use and are not for use on public streets, roads or highways. These products are capable of disabling or modifying the emissions system on some vehicles. Use on public streets, roads or highways and for vehicles other than purpose-built race vehicles is a violation of federal and certain state (including California) and local environmental laws. Your vehicle will not pass emissions testing if the emissions system has been disabled or altered.
DIAGNOSTIC SERVICE: WE MAY HAVE TO PERFORM TUNING (“SERVICE”) TO THE ENGINE IN CERTAIN CASES WHERE OTHER DIAGNOSIS METHODS ARE OF NO AVAIL. THE TUNING SHALL BE STRICTLY DONE FOR THE PURPOSE OF DIAGNOSING ENGINE PERFORMANCE OR FAULTS. IN NO EVENT PERFORMANCE OF SUCH SERVICE SHALL CONSTITUTE A WARRANTY THAT THE VEHICLE SHALL MEET THE COMPLIANCE STANDARDS. THE BUYER IS STRICTLY ADVISED THAT POST-DIAGNOSIS THE VEHICLE MUST BE IMMEDIATELY RETURNED TO THE ORIGINAL STANDARDS OR SHOULD BE RECERTIFIED BY THE VEHICLE MANUFACTURER PRIOR TO LEAVING ANY CLOSED PREMISES. WE MAY BE LEGALLY LIABLE TO RETURN THE VEHICLE TO ORIGINAL CONDITIONS, HOWEVER, IF BUYER REFUSES US TO DO SO OR HAMPERS OUR ABILITY TO PERFORM THE ACT, THE BUYER SHALL BE SOLELY LIABLE FOR COMPLIANCE WITH THE APPLICABLE LAWS.
DIESEL TUNES (the “Seller”), shall not be responsible for the Product’s proper installation, use and service. The Buyer (or, if applicable, the dealer who installs the Product) shall be solely responsible for the installation of the Product and any damage that may be done to vehicle components as a result of modifications made by the Buyer (or the dealer, as the case may be).
The Buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, warnings and instructions and agrees to hold the Seller harmless from any damage resulting from failure to adhere to such specifications, warnings and/ or instructions. The Buyer is also responsible to obey all applicable federal, state, and local laws when operating his/her vehicle, and the Buyer agrees to hold Seller harmless from any violation thereof.
Under no circumstances will the Seller be liable for the voidance of the Buyer’s vehicle warranty. Rather, the Buyer assumes all risk and responsibility if an automotive manufacturer and/or dealer voids the Buyer’s vehicle warranty due to use of this Product.
Operate your vehicle at all times in a safe manner. In no case will the Seller be held liable, and the Buyer assumes all risk and responsibility, for any property damage, personal injury and/or death that may occur in the event the Buyer operates the vehicle in an unsafe manner or violates the law.
Please check your local, state and federal laws to determine if you are within your rights to modify your vehicle’s emissions system. The Seller hereby disclaims any representation or warranty, express or implied that the use of this Product will comply with local, state, or federal emission levels or safety standards. Furthermore, if the emissions system on your vehicle is disabled, the Seller hereby expressly warns you that use of the vehicle on public streets, roads and highways (or for any use other than legally-organized and sanctioned, closed- course, off-road competition use) is illegal. The Buyer assumes all responsibility for such use and legal compliance.
THE BUYER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF THIS PRODUCT OR SERVICE AND WAIVES ALL LIABILITY CLAIMS AGAINST THE SELLER OF ANY KIND OR NATURE, INCLUDING LIABILITY FOR PENALTIES, FINES, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, BUYER ACKNOWLEDGES AND AGREES THAT SELLER IS NOT LIABLE FOR AND HEREBY EXCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING TO THE PRODUCT(S) COVERED BY THIS DISCLAIMER.
The Seller’s warranty for this Product, if any, may give you specific legal rights, and you may also have other rights which may vary from state to state. Pertinent state law shall control for what period of time following the sale a consumer may seek a remedy under the implied warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.
THIS DISCLAIMER IS A MATERIAL CONDITION OF SELLER’S WILLINGNESS TO SELL THE PRODUCT TO BUYER. By accepting the terms of this Disclaimer, you are also (a) certifying that your use of this Product will at all times be limited to lawful off-road competition uses consistent with the terms of this Disclaimer and (b) consenting to the disclosure of your identity to any governmental entity responsible for regulating emissions and/or enforcing emissions laws.