Conditions of Use
Disclaimer of Liability
BY PRESSING THE 'I ACCEPT' BUTTON, YOU (HEREINAFTER THE 'USER') ARE STATING THAT YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT PROCEED IF YOU ARE UNABLE TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND CONDITIONS OF SERVICE FOR USE OF RaceME GmbH PARTS AND SOFTWARE (THE 'AGREEMENT') CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN RaceME GmbH AND THE ENTITY THAT AGREES TO AND ACCEPTS THESE TERMS AND CONDITIONS.
USER AGREES TO INDEMNIFY, DEFEND AND HOLD RaceME GmbH, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, EXPENSES, LOSSES, AND LIABILITIES (INCLUDING COURTS COSTS AND REASONABLE ATTORNEYS' FEES), ARISING FROM OR RELATING TO THIS AGREEMENT INCLUDING USER'S ACCESS TO AND USE OF PARTS AND SOFTWARE FROM RaceME GmbH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RaceME GmbH OR ANY OF ITS LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OUR PRODUCTS OR SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRODUCTS ON THIS WEBPAGE ARE FOR COMPETITION, ORGANIZED RACING, AND OFF ROAD USE ONLY, USER AGREES TO USE PARTS OR SOFTWARE FROM RaceME GmbH ONLY FOR RACING OR OFFROAD PURPOSES. PRODUCTS ARE NOT LEGAL FOR SALE OR USE IN CALIFORNIA ON ANY POLLUTION CONTROLLED MOTOR VEHICLES. YOU AGREE HEREWITH NOT TO USE PARTS AND SOFTWARE OF RaceME GmbH ON LEGAL STREET VEHICLES.
Certain products are not legal in the state of California for use on any pollution controlled vehicle.
THIS PRODUCT IS CAPABLE OF DISABLING ALL OR PART OF THE EMISSIONS SYSTEM ON CERTAIN VEHICLE APPLICATIONS, WHEN SELECTED BY THE END USER TO DO SO. EMISSIONS REMOVAL IS NOT LEGAL ANYWHERE WITHIN THE USA, UNLESS THE VEHICLE IS NOT REGISTERED WITH THE DIVISION OF MOTOR VEHICLES, AND IS BEING USED SOLELY AS A COMPETITION RACE VEHICLE. BY SELECTING ANY SETTINGS THAT CAN ALLOW REMOVAL OF EMISSIONS EQUIPEMNT, YOU ACCEPT ALL RISK AND LIABILITY ASSOCIATED WITH ITS USE, AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
1.All settings or calibrations that may allow emissions removal are intended and developed for off-highway, organized, sanctioned, closed-course RACE/COMPETITION USE ONLY! Any other use, on ANY road, public or private, within the USA, is STRICTLY PROHIBITED.
2.RaceME GmbH insists that you do not select any calibrations or settings if this vehicle has been registered or certified for highway use within the USA.
3.This product when used incorrectly may violate local, state, and federal laws pertaining to emissions, traffic, registration, and safety.
4.Use of this product may damage or destroy mechanical and/or electrical components of this vehicle.
5.Use of this product may void or nullify the vehicles factory warranty.
6.User understands that motorsports are dangerous, and that installation of this product may subsequently require special driving skills or techniques to safely operate the vehicle.
7.User assumes sole responsibility for the safe, proper, and legal use of the vehicle at all times.
8.The purchaser and end user releases, indemnifies, discharges, and holds harmless RaceME GmbH from any and all claims, damages, causes of action, injuries, or expenses resulting from or relating to the use or installation of this product that is in violation of the terms and conditions on this page, the product disclaimer, and/or the product installation instructions. RaceME GmbH will not be liable for any direct, indirect, consequential, exemplary, punitive, statutory, or incidental damages or fines cause by the use or installation of this product.
RACEME AND RACEME PRO ARE HIGHPERFORMANCE/RACE ONLY PRODUCTS. USE IT AT YOUR OWN RISK. This Products are not for use on highways. Do not use this Products until you (the “Buyer”) have carefully read this Disclaimer. Be sure to abide by all local, state and federal laws. The installation of our Products indicate that you have read and understand, and accepted all of the termsof, this Disclaimer.
RaceME GmbH (Seller) shall not be responsible for the Product’s proper installation, use and service. The Buyer shall look solely to the person who installs the Product and/or programms the vehicle, and any service and support needed by the Buyer with respect thereto, as well as any damage that may be done to vehicle components as a result of modifications made by the person who installed it.
The Buyer is responsible to fully understand the capability and limitations of his/her vehicle according to manufacturer specifications, instructions and warnings and agrees to hold RaceME GmbH harmless from any damage resulting from failure to adhere to such specifications, instructions and/or warnings. Also the Buyer is responsible to obey all applicable federal, state, and local laws, statutes, and ordinances when operating his/her vehicle, and the Buyer agrees to hold RaceME GmbH harmless from any violation thereof.
RaceME GmbH’s Limited Warrant for Product’s is the Buyer’s exclusive warranty and is in lieu of all other warranties, express or implied, except as may be required by applicable law. Without limiting the generality of the foregoing, RaceME GmbH shall not be liable for any breach of any other written or oral warranties given to the Buyer by any third part(ies) such as those (if any) given to the Buyer by dealers or distributors of the Product.
Consult your vehicle warranty before using this Product. Under no circumstances will RaceME GmbH 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 our Product’s.
Operate the vehicle at all times in safe manner. Regardless of any capability, feature or function of RaceME GmbH Products, the Buyer understands and acknowledges that it is the Buyer’s sole responsibility to ensure that (A) the motor vehicle is operated in a safe and legal manner, (B) the motor vehicle is not driven faster than the lower of the speed limit or the rating of the tires on the vehicle in which RaceME GmbH Product’s are installed, and (C) the maximum RPM or speed rating of the engine is not exceeded while operating the vehicle. In no case will RaceME GmbH 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, violates the law oe exceeds the above mentioned limits.
Please check your local, state and federal laws to determine if you are within your rights to modify your vehicle’s controller. RaceME GmbH makes no representation or warranty, express or implied, that the use of its Products will comply withlocal, state, or Federal emission levels, noise levels or safety standards. The Buyer assumes all responsibility for such use and compliance.
RACEME GMBH IS NOT LIABLEFOR AND HEREBY EXCLUDES ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTAL DAMAGES RELATING TO THE PRODUCTS COVERED BY THIS DISCLAIMER.
If User commits, in RaceME GmbH sole determination, a default of these terms and conditions, RaceME GmbH may immediately terminate our business contracts. Furthermore, RaceME GmbH reserves the right to discontinue offering parts or software to the user.
User may not assign its rights hereunder without the prior written consent of RaceMe GmbH. User agrees to comply with all laws, regulations and other legal requirements that apply to these terms and conditions.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
Any failure of RaceME GmbH to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
You hereby agree not to install or download our RaceME software to any street driven and registerd vehicle used on highways. By installing and downloading the RaceME software to your truck you assume all risk and liability associated with its use. It lies in your responsibility to ensure that your vehicle complies with all state, national and local emission laws. Due to its high performance nature. The RaceME Tuner may void your vehicle manufacturers's warranty. RaceME GmbH assumes no liability for misuse of it's products. By installing/downloading our software you release RaceME GmbH of any and all liability associated with its use. Any and all civil penalties for removing your vehicles emissions equipment are the sole responsibility of the end user. Check your laws before installing!
USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE ENTIRE AGREEMENT BETWEEN USER AND RaceMe GmbH WITH RESPECT TO THE SUBJECT MATTER HEREIN, AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS PROPOSALS, DISCUSSIONS, AGREEMENTS, UNDERSTANDINGS, AND COMMUNICATIONS, WHETHER WRITTEN OR ORAL AND MAY BE AMENDED ONLY IN A WRITING EXECUTED BY BOTH USER AND RaceMe GmbH.
Court of jurisdiction is the Landesgericht Salzburg AUSTRIA