This Product is intended for off-road use only. PCMforless of NC, Inc. dba PCM 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.