E90/93/99 Tuning

Elite Tuned Terms of Service/Disclaimer:

By acknowledging consent of this disclaimer, you hereby consent to hiring Elite Tuned/Elite Tuning School LLC (referred to as Elite Tuned for the remainder of the disclaimer) as your expert in calibration and tuning for my vehicle. Elite Tuned reserves the right to terminate the calibration service of any client without a refund should any required action items that are inhibiting our tuning service not be heeded to, addressed, or followed up on. We are available to help mitigate minor challenges unrelated to the calibration service, however, it is the customers responsibility to ensure the vehicle is ready for calibration services. If you are not sure, please reach out to us ahead of time.

You acknowledge and voluntarily release/forever discharge Elite Tuned, their owner, employees, or representatives of any kind from any and every claim, demand, action, or right of any kind. You acknowledge and understand that neither Elite Tuned nor any of its officers, directors, shareholders or employees assumes any liability and/or risk associated with the use of purchased calibration services sold by Elite Tuned. You agree to assume all risk associated with the use of said calibration services and/or modifications.

Elite Tuned services are for off-road/off-highway/competition use only. “Off-highway/competition” modifications may impair your vehicles emission control system performance. These modifications shall not be used on any vehicle used on any street or highway. Any modification as such could adversely affect the warranty coverage for an on street vehicle, violates state and federal emission laws, and may not be CARB/EPA certified.

Elite Tuned does not provide and/or imply warranty for any calibration services. Elite Tuned is not responsible for mechanical failures or damage to distressed parts already on the vehicle. Replacement of parts is at the customer expense. Your car will be calibrated for Competition use only and you agree to use Elite Tuned’s services at your own risk. You agree to not use our service until you have carefully read the following agreement. This sets forth the terms and conditions for the use of this service. By checking the required box on our form and proceeding with our services, you acknowledge you have read and understands this agreement in its entirety and accept its terms and conditions.

Disclaimer of Liability: Elite Tuned/Elite Tuning School LLC(referred to as Elite Tuned for the remainder of disclaimer) shall in no way be responsible for your vehicle’s proper use and service. Elite Tuned disclaims any warranty and expressly disclaims any liability for personal injury or damage. You, the customer, acknowledge and agree that the disclaimer for any liability for personal injury is a material term for this agreement and the customer agrees to indemnify Elite Tuned and to hold Elite Tuned harmless from any claim related to the items of the equipment purchased or services performed. You agree to indemnify and hold harmless Elite Tuned (including but not limited to owners, service providers, and employees) against any and all liability claims, demands, losses, damages, costs, and expenses which you/others may incur which directly or indirectly results in any liability, loss and/or damages to you whether or not occasioned by Elite Tuned’s negligence. This includes, but is not limited to, attorneys’ fees and legal costs, which you/minor may be required to pay, directly, by reason or error that arises out of your breach of these Terms of Service or the documents that they incorporate by reference, or your/minor’s violation of any law of the rights of a third-party.
This agreement also includes but is not limited to (1) any attempt (regardless of its success) by any person to charge or cause the Indemnified Party to be charged with wrongdoing or with financial responsibility for damages arising out of or incurred in connection with the matters indemnified against in this Agreement; or (2) any expense, interest, assessment, fine, tax, judgment or settlement payment arising out of or incident to any of the matters indemnified against in this Agreement including reasonable fees and disbursements of legal counsel, experts, accountants, consultants and investigators (before and at trial and in appellate proceedings). (ii) The obligation of the ETS under this Agreement is not conditioned in any way on any attempt by the Indemnified Party to collect from an insurer any amount under a liability insurance policy. (iii) In no case shall any indemnification be provided under this Agreement to the Indemnified Party by the ETS in any action or proceeding brought by or in the name or interest of the Indemnified Party against ETS.

PLEASE NOTE: Modification of a vehicle greatly increases the horsepower and torque a stock vehicle produces. It is your responsibility as our customer to ensure your vehicle is properly equipped with tires, transmission, drivetrain, safety equipment and other vehicle components that are rated to travel at increased speeds. Using high performance aftermarket components greatly increases the chance of vehicle damage – and you acknowledge this and agree to use at your own risk!

I am acknowledging that I have confirmed the accuracy of the information that is being submitted. I understand that Elite Tuned will not be held responsible for the outcomes of mistakes in the information provided in this form.