DISCLAIMER OF LIABILITY
SAMEDAY TUNING, and its officers, directors, employees, agents, assigns and successors (SELLER) shall in no way be responsible for any direct, indirect or consequential damage resulting from improper installation and/or use of products offered for sale through this website. BUYER and/or USER assumes all responsibility for any damage resulting from the use or misuse of this product. To the maximum extent permitted by applicable law, BUYER hereby waives all claims against SELLER arising from the use of this product. BUYER hereby waives all remedies or liabilities, expressed or implied, arising by law or otherwise, (including without any obligations of SELLER with respect to fitness, merchantability and consequential damages) or whether or not occasioned by SELLER’s negligence. SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages. BUYER acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and BUYER agrees to indemnify SELLER and to hold SELLER harmless from all claims related to or arising from installation and/or use of the product purchased. Under no circumstances will SELLER be liable for any damages or expenses by reason of use or sale of any such products. SELLER assumes no liability regarding the improper installation, misuse, or misapplication of its products. It is BUYER’S responsibility to ensure proper installation and use.
DISCLAIMER OF PRODUCT FITNESS
SAMEDAY TUNING is the SELLER of all products offered by sale on this website. By purchasing any product through this website, BUYER acknowledges and agrees:
- All products offered for sale through this website are designed and intended for off-road use only.
- Use on any state or federal highway may constitute a violation of the Clean Air Act (CAA). The CAA can be found at http://www.epa.gov/air/caa/. This document contains in detail what are considered to be violations of the CAA and corresponding penalties for failure to obey and should be read in full before acknowledging this disclaimer and/or installing this off-road only use product. It is the responsibility of the BUYER to ensure all USERS of products purchased by BUYER understand and comply with all local, state and federal laws regarding vehicle emissions, noise/sound, and speed/use.
- All products offered for sale through this website are capable of the following:
- Making a vehicle non-compliant with local, state and federal emissions regulations.
- Making a vehicle capable of obtaining vehicle speeds unsafe for driving conditions.
- Making a vehicle capable of obtaining conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
- Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
- Producing power and torque output(s) requiring superior driving skills and techniques in order to be safely applied.
It is the sole responsibility of BUYER of these products to make BUYER and any USER of these products aware of these additional capabilities and adjust the installation and use of the product accordingly, or to not install or use the product.
- Installation and use of these products could result in the voidance of vehicle and/or parts manufacturers’ warranties.
- BUYER is not relying upon SELLER’S skill or judgment to select or furnish products suitable for any particular purpose and all products are sold without any warranty whatsoever, express or implied, as to fitness for any particular intended use.
- No product is available for sale or use in the state of California.
The information, software, products, and services included in or available through the SAMEDAY TUNING website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SAMEDAY TUNING and/or its suppliers may make improvements and/or changes in the SAMEDAY TUNING website at any time. Advice received via the SAMEDAY TUNING website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
SAMEDAY TUNING and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the SAMEDAY TUNING website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. SAMEDAY TUNING and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
ACKNOWLEDGMENT OF OWNERSHIP AND USE OF INTELLECTUAL PROPERTY
BUYER acknowledges the products sold through this website constitute the intellectual property SAMEDAY TUNING and/or others. BUYER acknowledges that his purchase of such products constitutes a license to use such products for a single use on a single vehicle and that SELLER reserves all other ownership and use rights. BUYER agrees he shall not resale or redistribute these products under any circumstances unless specific and limited rights have been given in writing by SELLER to BUYER.