Terms and Conditions

BREW CITY BOOST, LLC TERMS OF SERVICE AGREEMENT

Please read the following terms and conditions (the “Agreement”) 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. By placing an order with Brew City Boost, LLC, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, do not place an order with Brew City Boost, LLC.

DEFINITIONS

“Competitors” means any person or company that modifies or tunes automobile engines that is not the original manufacturer of the vehicle or engine.

“Customer” means any purchaser of a Tuning Product, Tuning IP, or Part from Brew City Boost, LLC.

“Data Log(s)” means a file containing information from a vehicle’s engine such as boost pressure, valve timing, and engine temperature (will ask for input on examples).

“Data Table” means a display of information created from binary data that contain values that control the parameters of an automobile engine.

“Part(s)” means anything sold or offered for sale on the website that is not a Tuning Product or Tuning IP.

“Tuning Product” means an automotive tuning device embedded with Tuning IP sold by Brew City Boost, LLC.

“Tuning IP” means electronic tuning files made by Brew City Boost, LLC that modify the values of automobile engine Data Tables.

WARRANTY DISCLAIMER

A. The Website
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 MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELAIABILITY OR OTHERWISE.

B. Tuning IP, Tuning Products, and Parts
THE TUNING PRODUCTS, TUNING IP, AND PARTS SOLD BY BREW CITY BOOST, LLC 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.

LICENSE GRANT

The Customer does not acquire any ownership interest in the Tuning IP or Tuning Product under this Agreement, or any other rights to the Tuning IP or Tuning Product other than to use the Tuning IP or Tuning Product in accordance with the license granted under this Agreement, subject to all terms, conditions, and restrictions. All rights not expressly granted to the Customer in this Agreement are reserved to Brew City Boost, LLC.

LICENSE RESTRICTIONS

By installing and using the Tuning IP or Tuning Product, the Customer agrees that they will not: (a) rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, sublicense, transfer, or provide access to the Tuning IP or Tuning Product to any third party, (b) use the Products for the benefit of any third party, (c) incorporate the Tuning IP or Tuning Product into a product or service the Customer provides to a third party, (d) interfere with any license key mechanism in the Tuning IP or Tuning Product or otherwise circumvent mechanisms in the Products intended to limit your use, (e) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, to any Tuning IP, except as permitted by law, (f) remove or obscure any proprietary or other notices contained in any Product, (g) use or allow the use of the Product IP in contravention of any federal, state, local, foreign or other applicable laws, rules or regulations, (h) use the Product for purposes for which it is not designed, including but not limited to using the Tuning IP or Tuning Product on any vehicles that the Tuning IP is not explicitly designed for, or (g) publicly post or distribute Brew City Boost, LLC’s Data Logs to its Competitors.

The Customer must revert his or her engine to factory default settings before using the product or services of a Competitor.

DAMAGES FOR VIOLATION OF THE LICENSE

The Customer acknowledges and agrees that money damages might not be a sufficient remedy for any breach or threatened breach of this Agreement by the Customer. Therefore, in addition to all other remedies available at law, Brew City Boost, LLC shall be entitled to seek specific performance and injunctive and other equitable relief as a remedy for any such breach or threatened breach. The Customer hereby waives any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.

LIMITATION OF LIABILITY

A. The Website
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 THIS SITE, EVEN IF BREW CITY BOOST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. Tuning IP and Tuning Products
EXCEPT AS DETAILED IN THIS AGREEMENT, BREW CITY BOOST, LLC SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD-PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM THE USE OF, THE INABILITY TO USE, 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. The customer knowingly and voluntarily assumes all liability and risk arising from the ordering, purchase, use or installation of any Tuning IP or Tuning Products that are purchased from Brew City Boost, LLC. Brew City Boost, LLC shall not be liable for any damages to any person or property arising out of or in connection with the use or installation of any Tuning IP or Tuning Products that it sells including, but not limited to, any damages that result from acceleration, deceleration, driving at unsafe or unlawful speeds, or reckless driving.

C. Parts
EXCEPT AS DETAILED IN THIS AGREEMENT, BREW CITY BOOST, LLC SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD-PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM THE USE OF, THE INABILITY TO USE, 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. The customer knowingly and voluntarily assumes all liability and risk arising from the ordering, purchase, use or installation of any Parts that are purchased from Brew City Boost, LLC. Brew City Boost, LLC shall not be liable for any damages to any person or property arising out of or in connection with the use or installation of any Parts that it sells including, but not limited to, any damages that result from acceleration, deceleration, driving at unsafe or unlawful speeds, or reckless driving.

INDEMNITY

A. Website
Customer agrees to indemnify and hold harmless Brew City Boost, LLC, its employees, and its members from any and all claims (including legal fees) arising out the use of the site, including but not limited to in relation to your use, non-use or misuse of, or connection to the site (including third-party links).

B. Tuning IP and Tuning Products
Customer agrees to indemnify and hold harmless Brew City Boost, LLC, its employees, and its members from any and all claims (including legal fees) arising out of or in connection with the use or installation of any Tuning IP or Tuning Products the Customer purchased from Brew City Boost, LLC. The Customer knowingly and voluntarily agrees that the sole and exclusive remedy available for the Customer because of any and all damage caused by Brew City Boost, LLC’s Tuning IP or Tuning Products shall be the return of the payment made by Customer to Brew City Boost, LLC.

C. Parts
Customer agrees to indemnify and hold harmless Brew City Boost, LLC, its employees, and its members from any and all claims (including legal fees) arising out of or in connection with the use or installation of any Parts the Customer purchased from Brew City Boost, LLC. The Customer knowingly and voluntarily agrees that the sole and exclusive remedy available for the Customer because of any and all damage caused by Parts sold by Brew City Boost, LLC shall be the return of the payment made by Customer to Brew City Boost, LLC. Any claim on the part of the Customer shall be taken up against the original manufacturer of the Part.

VEHICLE CONDITION

Any Customer using Brew City Boost, LLC products hereby warrants and represents that any and all vehicles being modified by 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. 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. The Customer agrees and understands that it is at all times the Customer’s responsibility to operate the vehicle in a safe and lawful manner.

The Customer assumes the responsibility for determining whether the modifications made by Brew City Boost LLC’s Tuning IP comply with any local, state, and federal regulations, such as environmental regulations, or other regulations that may impact your use of the modified vehicle.

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 purchase of Brew City Boost LLC products. 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. If the Customer violates any provision of this Agreement, the Customer’s license to use the Product IP shall automatically terminate and the Customer must immediately cease using the Product IP and remove all copies of any software the Customer has received from Brew City Boost, LLC.

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.

FORUM SELECTION

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.

MISCELLANEOUS

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.

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).