ACCEPTANCE OF AGREEMENT: You (“you” or the Customer) confirm that you have read and agree to the terms and conditions in this Terms and Conditions of use Agreement with respect to the products and services listed on this, the Western Motorsports Inc, website (“www.wmsracing.com”). This Agreement constitutes the entire and only agreement between Western Motorsports Inc and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the product and services listed on the website, and the subject matter of this Agreement. This Agreement may be amended by Western Motorsports Inc at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the website. You should review this entire Agreement prior to purchasing any products or services.
INDEMNIFICATION: You agree to indemnify, defend and hold Western Motorsports Inc affiliates, officers, directors, agents, shareholder, partners, attorneys, experts, employees and successors and assigns, harmless from any and all liability, loss, damages, claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement or use of the products and services listed.
DISCLAIMER: By purchasing this product from Western Motorsports Inc, you are agreeing to all sections of the disclaimer below, as follows:
INSTALLATION OF PRODUCT: The use of any Western Motorsports Inc custom tuning product or service may or may not void the vehicle’s factory warranty, and it is the sole responsibility of customer to verify this with the customer’s vehicle manufacturer. Western Motorsports Inc is not responsible for OEM or aftermarket parts of the vehicle that are damaged due to improper installation or
defects prior to purchasing our product or service. If in doubt, please have all aftermarket parts fitted by a professional installer.
CONDITION OF VEHICLE: Western Motorsports Inc assumes, and it is the sole responsibility of the customer to ensure, that all vehicles being programmed through our products or services are road-worthy and in good working condition, and have been examined by the customer or a professional to ensure that the vehicle will be able to tolerate the additional power and performance provided by the products or services that you are purchasing. Western Motorsports Inc will not be liable for any unforeseen
damage that may happen to the vehicle. If the vehicle is not running in a normal state after installing our products or using our services, it is the customer’s sole responsibility to immediately return the vehicle to stock programming, and to immediately notify Western Motorsports Inc of the problem.
SAFETY: Western Motorsports Inc is not responsible for improper, unsafe, reckless, or careless driving of vehicles after installing any of our products or using our services. Western Motorsports Inc discourages violation of any federal or state or local laws. Western Motorsports Inc assumes our product or service will be used for off-road and/or race use only.
OFF ROAD USE: All Western Motorsports Inc tuning products or services are designed and sold for off-road/race use only. Any on-road use is at customer’s sole risk and Western Motorsports Inc will bear no responsibility for any consequences, legal or otherwise, resulting from such on-road use, including on-road use in violation of any federal, state or local pollution control laws.