WarrantyWhen installed properly, our merchandise is warranted against defects in material or construction for a 12-month period after purchase. If returned to us within 12 months of purchase, we will replace any of our products deemed to have failed due to a defect in material or construction. Products that have been subjected to abuse (like ripping a datalogging cable out of the car with your foot) or allowed to come in contact with things not intended (like coolant or oil getting onto a GM MAF cable) can not be warranty.
Use of This WebsiteECMTuning, Inc. grants you a limited, non-exclusive, revocable license for you to use this Website for your personal entertainment, information, education, and communication. This Website contains materials and other items relating to ECMTuning, Inc. and its products and services. The Content may be in the form of information, text, data, images, graphics, button icons, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented. In using this Website, you must respect the intellectual property rights of ECMTuning, Inc. and others, all as outlined. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. All Content is copyrighted, and it is either owned or used with permission by ECMTuning, Inc.
This Website offers online capabilities to purchase products and services. You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies.
You agree that you will not: (a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products); (b) monitor, gather, or copy Content on this Website by using any robot, 'bot', spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout); (d) use any meta tags or any other 'hidden text' utilizing any Trademarks; (e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or (f) engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
ECMTuning, Inc. may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, ECMTuning, Inc. will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although ECMTuning, Inc. reserves the right to do so in its sole discretion. ECMTuning, Inc. does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties. Any information or content that you upload or post to this Website, you represent and warrant to ECMTuning, Inc. that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services). ECMTuning, Inc. reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community. ECMTuning, Inc. also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website and to deny access by any user to this Website.
Limitation of LiabilityThe entire liability of the Company, if any, and your exclusive remedy are as set forth herein. In all situations involving performance or nonperformance of hardware, software, or any programming furnished to the user by ECMTuning, Inc., your remedy is the Company's adjustment or repair of the hardware, or software, or replacement of same, or correction of programming errors caused thereby. If after repeated efforts, the Company is unable to install the nonperforming part, or a replacement in good working order, or to restore it to good working order, or correct programming errors, all as warranted, you are entitled to recover actual damages to the limits set forth herein. For any other claim concerning the Company's performance or nonperformance under, or related in any other way to use of this Product, or any order under it, you are entitled to recover actual damages to the limits set forth herein.
The Company's liability for actual damages from any cause whatsoever will be limited to the purchase price of the Product that caused the damages or that is the subject matter of, or is directly related to, the cause of action or claim. This limitation will apply, except as otherwise stated in this clause, regardless of the form of action, whether in contractor in tort, including negligence. This limitation will not apply to claims by you for bodily injury or damage to real property or tangible personal property for which the Company is legally liable. In no event will the Company be liable for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if the Company has been advised of the possibility of such damages.
In addition, the Company will not be liable for any damages claimed by you based on any third party claim. Such claims of third parties include, but are not limited to, claims for misdiagnosed malfunctions or repairs, misuse of diagnostic software and the like. The Company is not liable for any damaged caused by performance or nonperformance of its hardware, software, or programming vended outside the United States or Puerto Rico. In no event will the Company be liable for any damages caused by your failure to perform your responsibilities. The Company is not liable for loss caused by, nor will it have any obligation to you with respect to any claim based upon your modification of its hardware, software, programming or combination thereof, nor will the company bear any obligation to you for your failure to use the product as instructed. The remedies expressed in this clause are the sole and exclusive remedies available.