Close
Skip to content

Terms and Conditions

BCP Tuning

Last updated: February 23, 2019 Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://bcpetuning.com website (the “Service”) operated by BCP E-Tuning (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of BCP E-Tuning and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by BCP E-Tuning. BCP E-Tuning has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that BCP E-Tuning shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Note that all modification/parts are intended for off road or racing use only. BCP, INC. does not implicitly or explicitly confirm the legality of using any products it sells or installs on public roads; that is entirely the responsibility of the consumer. No warranty is implied on labor or tuning given the nature of high performance vehicles and the possibility that failure can occur for many reasons at any given time. BCP, INC is not liable or responsible for any injury or bodily harm that may result from the use of your vehicle. Not all items are returnable. Returnable items are limited to unopened items and subject to a 30% restocking fee. Returns will not be accepted on returnable items after 30 days.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. RELEASE OF LIABILITY: The Client hereby assumes full responsibility and risk of bodily injury, death or property damage caused in part or as a whole by any circumstances that may be the fault of BCP E-Tuning or any of its affiliates, employees, etc. or any other aspect that refers, relates, or arises in connection with the services on the vehicle. The client understands that all services performed by BCP E-Tuning are to be tested by the Client in a controlled environment and are not meant for regular everyday applications and commutes. COMPLIANCE OF LAWS: The Client is responsible to make sure the vehicle is compliant by all state and federal laws, specifically environmental laws. In the event that any law is broken, regardless of the circumstances, the Client will hold harmless BCP E-Tuning and its affiliates and accept responsibility. This is including, but not limited to the Clean Air Act, CARB regulations, and any other standard set by the Environmental Protection Agency or the laws by any State or the Federal Government. Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Michigan or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in Automotive Performance Repair and Diagnosis and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
IN NO EVENT WILL BCP E-Tuning OR ITS AGENTS, EMPLOYEES, OFFICERS, RELATED ENTITIES OR SUCCESSORS BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR DAMAGES INCLUDING DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSQUENTIAL OR OTHER TYPE OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR THE PROVISION OF SERVICES, PRODUCTS, BY BOOST CONTROLLED PERFORMANCE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY (INCLUDING DEATH), LOST PROFITS, LOSS OF CONSORTIUM, OR FRUSTRATION OF EXPECTATIONS, WHETHER ARISING OUT OF BCP E-Tuning‘s BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF BCP E-Tuning HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AVAILABLE TO CLIENT). CLIENT ACKNOWLEDGES THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK.
Emissions Notice: Federal and several state and provincial laws prohibit the removal, modification or rendering inoperative of any part that affects emissions or safety on motor vehicles used on public streets or highways. BCP E-Tuning assumes no liability for any violations arising out of any federal, state or provincial emissions or safety requirements on motor vehicles arising out of the customer’s modifications and/or use of our products or services. It is the responsibility of the customer to determine if their modified vehicle complies with applicable laws. We will not disable O2 sensors or MIL’s that stem from the lack of catalytic converters or an EGR delete. California Residents The emissions laws and regulations of the state of California apply to all non-racing vehicles. Consequently, some parts in this catalog may legally be used in California only on a racing vehicle which will never be operated on public roads.

Contact Us

If you have any questions about these Terms, please contact us.