DISCLAIMER OF PRODUCT FITNESS (Race Waiver Off Road Agreement)

DISCLAIMER OF LIABILITY

ROLLIN SMOKE DIESEL, INC., and its officers, directors, employees, agents, assigns and successors (SELLER) shall in no way be responsible for any direct, indirect or consequential damage resulting from improper installation and/or use of products offered for sale through this website. BUYER and/or USER assume all responsibility for any damage resulting from the use or misuse of this product. To the maximum extent permitted by applicable law, BUYER hereby waives all claims against SELLER arising from the use of this product. BUYER hereby waives all remedies or liabilities, expressed or implied, arising by law or otherwise, (including without limitation any obligations of SELLER with respect to fitness, merchantability and consequential damages) or whether or not occasioned by SELLER''s negligence. SELLER disclaims any warranty and expressly disclaims any liability for personal injury or damages. BUYER acknowledges and agrees that the disclaimer of any liability for personal injury is a material term for this agreement and BUYER agrees to indemnify SELLER and to hold SELLER harmless from all claims related to or arising from installation and/or use of the product purchased. Under no circumstances will SELLER be liable for any damages or expenses by reason of use or sale of any such products. SELLER assumes no liability regarding the improper installation, misuse, or misapplication of its products. It is BUYER''S responsibility to ensure proper installation and use.

DISCLAIMER OF PRODUCT FITNESS

ROLLIN SMOKE DIESEL, INC. is the SELLER of all products offered by sale on this website. By purchasing any product through this website, BUYER acknowledges and agrees:

  1. Products offered for sale through this website are designed and intended for off-highway, competition use only. Once these products are installed on a vehicle, it can only be used for sanctioned, competition use. It is illegal to use these products on vehicles that operate on highways and roadways.
  2. Use of these products on a motor vehicle that operates on any state or federal highway or roadway may constitute a violation of the Clean Air Act (CAA). The CAA can be found at http://www.epa.gov/air/caa/. You should read the CAA, particularly 42 USC § 7522 and the related regulations before using this product. Violations of the CAA may lead to criminal or civil fines and sanctions. It is the responsibility of the BUYER to ensure all USERS of products purchased by BUYER understand and comply with all local, state and federal laws regarding vehicle emissions (including the CAA), noise/sound, and speed/use.
  3. Products offered for sale through this website are capable of the following:
    • Making a vehicle non-compliant with local, state and federal emissions regulations, including the CAA.
    • Making a vehicle capable of obtaining vehicle speeds unsafe for driving conditions.
    • Making a vehicle capable of obtaining conditions exceeding safe vehicle speeds based on mechanical condition of the vehicle, such as tire speed ratings.
    • Making the vehicle capable of exceeding mechanical limits of engine speed, power output, and mechanical stress upon the powertrain, driveline, chassis, and body of the vehicle.
    • Producing power and torque output(s) requiring superior driving skills and techniques in order to be safely applied. It is the sole responsibility of BUYER of these products to make BUYER and any USER of these products aware of these additional capabilities and adjust the installation and use of the product accordingly, or to not install or use the product.
  4. Installation and use of these products could result in the voidance of vehicle and/or parts manufacturers'' warranties.
  5. BUYER is not relying upon SELLER''S skill or judgment to select or furnish products suitable for any particular purpose and all products are sold without any warranty whatsoever, express or implied, as to fitness for any particular intended use.
  6. No product is available for sale or use in the state of California.

WEBSITE TERMS OF USE LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the ROLLIN SMOKE DIESEL, INC. website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ROLLIN SMOKE DIESEL, INC. and/or its suppliers may make improvements and/or changes in the ROLLIN SMOKE DIESEL, INC. website at any time. Advice received via the ROLLIN SMOKE DIESEL INC. website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

ROLLIN SMOKE DIESEL, INC. makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the ROLLIN SMOKE DIESEL, INC. website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. ROLLIN SMOKE DIESEL, INC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall ROLLIN SMOKE DIESEL, INC. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the ROLLIN SMOKE DIESEL, INC. website, with the delay or inability to use the ROLLIN SMOKE DIESEL, INC. website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the ROLLIN SMOKE DIESEL, INC. website, or otherwise arising out of the use of the ROLLIN SMOKE DIESEL, INC. website, whether based on contract, tort, negligence, strict liability or otherwise, even if ROLLIN SMOKE DIESEL, INC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the ROLLIN SMOKE DIESEL, INC. website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the ROLLIN SMOKE DIESEL, INC. website.