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Disclaimer
This Product is
intended for off-road use only. PCMforless of NC, Inc. (the “Company”)
cannot be held liable if the product is used in conjunction with any vehicle on
U.S. roads or highways or in any other jurisdiction where the Product would not
meet safety or emission standards, as specified by that jurisdiction. The
person, individual or entity that purchases or installs or uses the Product in a
vehicle, (the “Customer” or “you”) in any situation, assumes any
liability arising from any negligent, grossly negligent, reckless, willful or
wanton use of the Product in a manner not explicitly ascribed or condoned by the
Company.
The Product is
intended to increase the performance of the Customer’s vehicle. The Company
cannot be held liable by the Customer or any third party for damage, injury or
death caused by the Product or the Customer’s vehicle if the Product is abused
by the Customer and not used for intended or approved purposes listed by the
Company.
Installation of
the Product may cause the Customer to be in violation of EPA provisions on
emissions and the Clean Air Act. The
Product may cause the Customer’s vehicle to run cleaner when the Product is
installed properly. The Company does not purposely bypass any emissions
equipment in the programming or install “defeat devices” for any vehicles
whose intended use is not off-road.
This Product is
not endorsed by the manufacturer of your vehicle and there is no affiliation
between the Company and the manufacturer of your vehicle. Installation of the
Product in your vehicle or use of the Product with your vehicle may limit or
void any and all rights under any warranty provided by the manufacturer of your
vehicle. Upon your installation of the product you assume all responsibility
related to any limitation or nullification of the manufacturer or dealer
warranty. The Company accepts no responsibility for the limitation or
nullification of any warranty. Any
warranty not provided herein, and any remedy which, but for this provision,
might arise by implication or operation of law, is hereby excluded and
disclaimed. The implied warranties of merchantability and of fitness for any
particular purpose herein are expressly disclaimed by the Company.
The Company
has no input or control regarding the use and or abuse of the Product by the
customer. The Company makes no representations or warranties regarding the
performance or safety of the Product after it is installed by the Customer.
Under no circumstances shall the Company be liable to Customer or other third
parties for any damage to the Customer’s vehicle or the loss of use of the
Customer’s vehicle or for personal injuries suffered by any individual, or for
any incidental, special or consequential damages, whether arising out of
negligence, breach of warranty, breach of contract, or otherwise. The
Company’s liability for any damages, loss and/or claims associated with the
Product shall be limited to the price of the Product paid by the Customer. The
Customer hereby releases the Company from all liability, claims and damages
associated with the Product, with the sole exception of the Company’s
liability for the refund of the purchase price of the Product to the Customer in
the event that a court of competent jurisdiction determines the Customer
suffered damages directly resulting from the malfunction of the Product.
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