Terms of service

 

Terms and Conditions for Dynamicautowerx

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at sales@dynamicautowerx.com.

Off-road use and Racing Parts

 

By Purchasing any Off-Road use ONLY products from DYNAMIC AUTOWERX, I acknowledge and understand the following disclosure. Unless otherwise specified all Dynamic Autowerx Products are for Off-Road/Race Use Only. 

Vehicle Code § 27156:
(b) No person shall operate or leave standing upon a highway a motor vehicle that is required to be equipped with a motor vehicle pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or any other certified motor vehicle pollution control device required by any other state law or any rule or regulation adopted pursuant to that law, or required to be equipped with a motor vehicle pollution control device pursuant to the National Emission Standards Act (42 U.S.C. Secs. 7521 to 7550, inclusive) and the standards and regulations adopted pursuant to that federal act, unless the motor vehicle is equipped with the required motor vehicle pollution control device that is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device.
(c) No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, a required motor vehicle pollution control device or system that alters or modifies the original design or performance of the motor vehicle pollution control device or system.

 

Health and Safety Code § 43000:
43001. The provisions of this part shall not apply to:
(a) Racing vehicles.

As the aforementioned code sections outline, it is against the law to operate or use a vehicle on public streets or highways with modified, altered, or disconnected motor vehicle pollution control devices. This may include but is not limited to, Evaporative Fuel Controls, Catalysts, DPF, PTOX, PCV Systems, Exhaust Gas Recirculation Systems, Oxygen Sensors, Thermostatic Air Cleaners, Air Intake Systems, Fuel Injectors, Regulators, Adjustable Cam Gears, ECU Programming, Mapping, or other Computer Modifications. Air Pumps, Air Injection, Timing, and any other Emission System Modification(s).

Purchaser acknowledges and certifies to DYNAMIC AUTOWERX LLC., that Purchaser's vehicle will only be used for racing applications or off road vehicle use only. Purchaser requests these modifications for the purpose of enhancing the vehicle for competitive Racing Applications and will not use this vehicle on public streets or highways. Purchaser agrees to indemnify DYNAMIC AUTOWERX LLC, all employees, officers, owners, and subsidiaries for any civil or criminal liability arising out of use of Purchasers vehicle on public streets or highways as Purchaser has been duly notified of the laws and regulations regarding disconnecting, alteration, or modification of a vehicle’s pollution control devices. Purchaser understands and has been advised the driving of a vehicle on public streets or highways could result in criminal or civil penalties.


Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, www.dynamicautowerx and/or its licensors own the intellectual property rights published on this website and materials used on www.dynamicautowerx. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website - except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.dynamicautowerx or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.dynamicautowerx's express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • 'framing' (iframes)
  • Article 'Spinning'

 

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of www.dynamicautowerx.

Restricted access

Access to certain areas of this website is restricted. www.dynamicautowerx reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.dynamicautowerx may change or modify this policy without notice.

If www.dynamicautowerx provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..

www.dynamicautowerx may disable your user ID and password at www.dynamicautowerx's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to www.dynamicautowerx a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.dynamicautowerx the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.dynamicautowerx or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

www.dynamicautowerx reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.dynamicautowerx, or hosted or published upon this website.

www.dynamicautowerx's rights under these terms and conditions in relation to user content, www.dynamicautowerx does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. www.dynamicautowerx makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, www.dynamicautowerx does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

www.dynamicautowerx will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if www.dynamicautowerx has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Dynamicautowerx in respect of any:

  • death or personal injury caused by the negligence of www.dynamicautowerx or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of www.dynamicautowerx; or
  • matter which it would be illegal or unlawful for www.dynamicautowerx to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, www.dynamicautowerx has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.dynamicautowerx's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.dynamicautowerx's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.dynamicautowerx.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify www.dynamicautowerx and undertake to keep www.dynamicautowerx indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.dynamicautowerx to a third party in settlement of a claim or dispute on the advice of www.dynamicautowerx's legal advisers) incurred or suffered by www.dynamicautowerx arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to www.dynamicautowerx's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.dynamicautowerx may take such action as www.dynamicautowerx deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

www.dynamicautowerx may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

www.dynamicautowerx may transfer, sub-contract or otherwise deal with www.dynamicautowerx's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with www.dynamicautowerx's Privacy Policy constitute the entire agreement between you and www.dynamicautowerx in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of NEVADA, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NEVADA, USA.

About these website Terms and Conditions

We created these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.

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