Terms and Conditions

TERMS AND CONDITIONS OF BREW CITY BOOST, LLC

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR CONTACTING BREW CITY BOOST, LLC. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, do not use this site or conduct business with Brew City Boost, LLC.

WARRANTY DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BREW CITY BOOST, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Brew City Boost, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Brew City Boost, LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF DAMAGES

EXCEPT AS DETAILED HEREIN, BREW CITY BOOST, LLC AND ITS EMPLOYEES AND MEMBERS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF BREW CITY BOOST, LLC’S PRODUCTS, EVEN IF BREW CITY BOOST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CUSTOMER KNOWINGLY AND VOLUNTARILY AGREES THAT THE SOLE AND EXCLUSIVE REMEDY AVAILABLE FOR THE CUSTOMER BECAUSE OF ANY AND ALL DAMAGE CAUSED BY THIS SITE OR BREW CITY BOOST, LLC’S PRODUCTS SHALL BE THE RETURN OF THE CONSIDERATION PAID BY CUSTOMER TO BREW CITY BOOST, LLC.

VEHICLE CONDITION

Any customer using Brew City Boost, LLC products hereby warrants and represents that any and all vehicles being programmed for Brew City Boost, LLC products are in good working condition, and have been verified by the customer to ensure that the vehicle is completely capable of handling additional power and performance.  Any and all damage that may occur to the customer’s vehicle or to others will not be the responsibility of Brew City Boost, LLC in any way.

MODIFICATIONS TO A VEHICLE

Brew City Boost, LLC is not responsible for the working order of, repairs done to, or modifications made to any vehicle at any time regardless of who performs the modifications.

PUBLIC SAFETY

Brew City Boost, LLC will not be held responsible for improper, unsafe, reckless, or careless driving of vehicles after installing any of Brew City Boost, LLC products.  Brew City Boost, LLC does not encourage the breaking of any State or Federal laws.  Custom and pre-loaded ECU Upgrades are to be used exclusively for off-road, non-highway use only.  Once a Brew City Boost, LLC product has been installed, the Customer is fully responsible for the safe function of the vehicle.

OFF ROAD USE

All products sold by Brew City Boost, LLC are intended for off-road use only, and are not for legal sale for on-road vehicles in states that require pollution controlled vehicles.

TYPOGRAPHICAL ERRORS

In the event that a Brew City Boost, LLC product is mistakenly listed at an incorrect price, Brew City Boost, LLC reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Brew City Boost, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Brew City Boost, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION

These terms and conditions are applicable to the customer upon your accessing the site and/or completing the registration or the shopping process. These terms and conditions, or any part of them, may be terminated by Brew City Boost, LLC without notice at any time, for any reason.

NOTICES

Brew City Boost, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Brew City Boost, LLC.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the State of Wisconsin, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including, but not limited to, the purchase of Brew City Boost, LLC products) shall be in the state court located in Waukesha County, Wisconsin. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Brew City Boost, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Brew City Boost, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Brew City Boost, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Brew City Boost, LLC, its members, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any customer violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Brew City Boost, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Brew City Boost, LLC, Brew City Boost, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Brew City Boost, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Brew City Boost, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

INFORMATION SHARING

Any customer using Brew City Boost, LLC products hereby agrees not to share Brew City Boost LLC tuning files, vehicle data logs while running Brew City Boost, LLCs calibrations, written or verbal correspondence of a technical nature with anyone outside of Brew City Boost, LLC.