Terms of Service
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PURCHASING THIS PRODUCT.
By purchasing this Product, you the customer are agreeing to accept, comply with and be bound by these terms and conditions including the indemnification and the disclaimer. After reviewing the following terms and conditions thoroughly, if you do not agree to them please do not purchase the Product.
ACCEPTANCE OF AGREEMENT: You (“you” or the Customer) confirm that you have read and agree to the terms and conditions in this Terms and Conditions of use Agreement (“Agreement”) with respect to the products and services listed on this, the Ortiz Performance, website (“website”). This Agreement constitutes the entire and only agreement between Ortiz Performance and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the product and services listed on the website, and the subject matter of this Agreement. This Agreement may be amended by Ortiz Performance at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the website. You should review this entire Agreement prior to purchasing any products or services.
INDEMNIFICATION: You agree to indemnify, defend and hold Ortiz Performance and Ortiz Performance’s affiliates, officers, directors, agents, shareholder, partners, attorneys, experts, employees and successors and assigns, harmless from any and all liability, loss, damages, claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement or use of the products and services listed.
DISCLAIMER: By purchasing this product from Ortiz Performance, you are agreeing to all sections of the disclaimer below, as follows:
INSTALLATION OF PRODUCT: The use of any Ortiz Performance custom tuning product or service may or may not void the vehicle’s factory warranty, and it is the sole responsibility of customer to verify this with the customer’s vehicle manufacturer. Ortiz Performance is not responsible for OEM or aftermarket parts of the vehicle that are damaged due to improper installation or defects prior to purchasing our product or service. If in doubt, please have all aftermarket parts fitted by a professional installer.
CONDITION OF VEHICLE: Ortiz Performance assumes, and it is the sole responsibility of the customer to ensure, that all vehicles being programmed through our products or services are road-worthy and in good working condition, and have been examined by the customer or a professional to ensure that the vehicle will be able to tolerate the additional power and performance provided by the products or services that you are purchasing. Ortiz Performance will not be liable for any unforeseen damage that may happen to the vehicle. If the vehicle is not running in a normal state after installing our products or using our services, it is the customer’s sole responsibility to immediately return the vehicle to stock programming, and to immediately notify Ortiz Performance of the problem.
SAFETY: Ortiz Performance is not responsible for improper, unsafe, reckless, or careless driving of vehicles after installing any of our products or using our services. Ortiz Performance discourages violation of any federal or state or local laws. Ortiz Performance assumes our product or service will be used for off-road and/or race use only.
OFF ROAD USE: All Ortiz Performance tuning products or services are designed and sold for off-road/race use only. Any on-road use is at customer’s sole risk and Ortiz Performance will bear no responsibility for any consequences, legal or otherwise, resulting from such on-road use, including on-road use in violation of any federal, state or local pollution control laws.
TUNE REVISIONS: Tuning revisions for minor modifications are free of charge with no time limit from the time of purchase of the initial tune. Tuning revisions for major modifications will require an upcharge for a remote tuning session. The upgrade fee will vary based on the fee schedule listed on the website if you have already purchased a tune directly from Ortiz Performance, or from one of our dealers. Once an upgrade is purchased, further revisions on that set of modifications will be governed by the standard revision policy listed above.
REFUNDS AND RETURNS: The sale of any Ortiz Performance tuning product or service is final at the moment of checkout. Ortiz Performance will adhere to an “all sales are final” policy unless there are circumstances that, in the sole and absolute discretion of Ortiz Performance, make a return or refund appropriate.