JordanTuned Terms and Conditions / Waiver / Vehicle Compliance Affidavit:

• US MARKET CUSTOMERS: Pursuant to the Clean Air Act 1970 - In the US Market, deleting emissions control devices is ILLEGAL. Our services do NOT require the use of aftermarket downpipes/catalytic converter deletes. We will not offer our products for sale to anybody that we know has deleted an emissions control device, such as a catalytic converter. If we learn that this has been done after purchase in the US market, we will TERMINATE support offered to you and there will be NO REFUNDS - WE DO REQUIRE TOTAL COMPLIANCE BY LAW

• THIS IS A RACE ONLY PRODUCT MANUFACTURED AND SOLD FOR INSTALLATION ON VEHICLES DESIGNED TO BE USED SOLELY FOR COMPETITION PURPOSES. ONCE THIS PART IS INSTALLED, THE VEHICLE MAY NEVER BE USED, OR REGISTERED OR LICENSED FOR USE, ON A PUBLIC ROAD OR HIGHWAY. IF YOU DELETE AN EMISSIONS CONTROL DEVICE AND YOU INSTALL THIS PART ON YOUR VEHICLE AND USE THE VEHICLE ON A PUBLIC ROAD OR HIGHWAY, YOU WILL VIOLATE THE CLEAN AIR ACT AND MAY BE SUBJECT TO PERSONAL CIVIL OR CRIMINAL LIABILITY, INCLUDING FINES OF UP TO $4,819 PER DAY. 


  IT IS THE RESPONSIBILITY OF THE INSTALLER AND/OR USER OF THIS PRODUCT TO ENSURE THAT IT IS USED IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

• By requesting a Custom Tune from "JordanTuned, LLC”, you, as the “Customer”, hereby represent that you understand the inherent risks of testing and tuning (Dynamometer and/or OFF-ROAD TRACK USE) and that you have full authority to authorize the testing/tuning of this vehicle and to enter into this Waiver/ Release.


  


• You understand that some or all of these parts and/or tuning may not comply with your country’s Federal, State, Province, and/or Local laws, ordinances, and regulations. You (The “Customer”) take responsibility to ensure that any modifications or upgrades that you have done to your vehicle conform to all applicable laws and regulations for road use, especially pertaining to safety and emissions. You acknowledge JordanTuned, LLC has made you aware that certain parts are intended for Racing Competition Only and not meant to be used on a road car. You absolve JordanTuned, LLC for any and all burden of responsibility in ensuring your car satisfies regulations set forth by Federal, State, and/or Local governing agencies. This waiver of compliance shall be in force for all past, current, and future purchases from JordanTuned, LLC.


• JordanTuned, LLC WILL NOT and DOES NOT ALTER EMISSIONS RELATED SETTINGS in any way, shape or form. We will NOT suppress your CEL(Check Engine Light) if the car is missing any emissions related devices. Under NO circumstances do we ourselves alter the calibration file to delete/defeat emissions devices nor do we force system readiness if the car is missing any emissions related devices or hardware. Under NO circumstances do we ourselves alter the calibration file to delete/defeat emissions devices or hardware. All emissions tuning and readiness checks remain in place and are 100% OEM as it came from the factory. Again, this file is for OFF-ROAD / LEGAL RACING / COMPETITION purposes ONLY and you assure JordanTuned, LLC that this vehicle in NOT a road-going vehicle.

• You are aware that all dynamometer tests are intended to be and will be at maximum performance and at wide-open throttle, thus applying stress similar to that which the vehicle would experience during operation on a TRACK/COURSE and is therefore susceptible to the same risks which may cause engine, power train and/or tire/wheel failure or damage.


• As the “Customer” you know and accept the risk of running your vehicle on a dynamometer or OFF-ROAD TRACK/COURSE for the purposes of tuning. You acknowledge/assure “JordanTuned, LLC” that this vehicle WILL NOT BE DRIVEN ON PUBLIC ROADS; is for OFF-ROAD USE ONLY and; WILL NEVER BE USED IN AN ILLEGAL MANNER OF ANY KIND. You, the “Customer”, assume all liability for you and your vehicle. This product/service may not be legal in your state/country.


• As the “Customer” you hereby represent that you know the condition of the vehicle and you assure that it is in acceptable condition to run on the Dynamometer or OFF-ROAD TRACK/COURSE for the purpose of testing/tuning. You are hear-by advised that "JordanTuned, LLC" does not know, nor assumes any such knowledge of the condition of the vehicle being tested/tuned and you nevertheless, agree to have your vehicle run on the Dynamometer or OFF-ROAD TRACK COURSE for tuning purposes. As the “Customer” you represent that all parts of the vehicle are in good condition and are capable of full power and full throttle performance during any testing/tuning being performed.


  


• Therefore, you hereby release "JordanTuned, LLC" from any and all liability of any nature for damage or other losses which may be sustained as a result of the testing/tuning on a Dynamometer or OFF-ROAD TRACK COURSE for the purposes of testing/tuning (or for any other reason) and that NO warranty of any kind (written or oral) is offered, expressed or implied in any way by "JordanTuned, LLC".


• You again assure "JordanTuned, LLC" that your vehicle being tuned or modified is being used for OFF-ROAD / LEGAL RACING purposes ONLY and will NOT be driven on public roads. You again assure JordanTuned, LLC that you have NOT deleted or attempted to defeat any emissions equipment for a road-going vehicle and that your vehicle is a competition use only vehicle and that it will NOT be used on public roads.


• You understand that this is a CUSTOM TUNE and NOT an Off The Shelf (OTS) map. The tune is built from scratch, based on your stock file. Because of the nature of custom tuning, there will be several revisions needed to properly tune the engine for maximum performance and maximum safety. There are many variables involved in the tuning process and each engine and setup are different (as well as fuel quality) and can sometimes pose issues during the tuning process that may require extra time to dial-in perfectly. NO REFUNDS will be given due to length of time of the tuning process (OR FOR ANY OTHER REASON) and there shall be NO expectations of how many revisions will be needed to finish the custom tune. Please understand that, while we take every measure to be as timely as possible, the tuning process is not instant.


  


• While we work VERY hard to keep turn-times as low as possible, we do not and can not guarantee turn-times. We don’t work weekends or major holidays (U.S.), so if you (the “Customer”) makes a payment on late Friday, we will not usually be able to start the custom tuning process until Monday at the earliest. Refunds WILL NOT be given due to unrealistic expectations regarding turn-times. It is important to totally understand that this is a complicated process and is NOT INSTANT.


• ALL dyno-tuning MUST be cleared, scheduled and confirmed with us prior to making the appointment with your dyno operator/shop. Our remote dyno-tuning schedule is typically very full and usually booked-out several weeks in advance and is operated on a “first come, first serve” basis, BY APPOINTMENT ONLY. Please DO NOT schedule ANY dyno time without our prior APPROVAL AND CONFIRMATION that you’ve been added to our dyno-tuning schedule. If you do schedule dyno time without the date and time being confirmed by us, WE WILL NOT be available to tune the car. ABSOLUTELY NO EXCEPTIONS! If you book us for remote dyno tuning and have to cancel or reschedule, there will be a $300 cancel/reschedule fee.


  • After initial contact and once a base map has been sent (via BM3), please keep all contact between us in the BM3 app using the comment feature of the custom tune. This allows us track progress and aids in cohesiveness of communication. Please be sure the email address associated with your BM3 account is accurate so that you may be notified whenever there is a file update or a comment made to you from us (JordanTuned, LLC). If you contact us from multiple places, it makes things much more complicated and slows us down as we sort through all the messages. Please only use BM3 or email (support@jordan-tuned.com) for official communication. If tuning using another platform (MHD...etc), please keep all official communication in email (support@jordan-tuned.com). We will not be able to offer support outside of official support channels. Instagram and Facebook are NOT support channels and will not be used by communication staff for this purpose. Please only use the official support channels once a custom tune has begun. 


  If BM3: Please use the comment feature in the custom tune request for all communication and/or support related requests. 

  

  If MHD: Please keep all communication and/or support related requests in original email thread (support@jordan-tuned.com). 


  (DO NOT SPAM MULTIPLE ACCOUNTS AND COMMUNICATIONS CHANNELS IF YOU DON’T GET AN IMMEDIATE RESPONSE AND DO NOT START MULTIPLE EMAIL THREADS EACH TIME YOU WISH TO COMMUNICATE)

  


• The Custom Tune is NOT transferrable if/when you sell your car. This agreement is between "JordanTuned, LLC" and you the “Customer”. If you do sell your car, please understand that we are in no-way obligated to transfer our services to the new owner of the car. If the new owner wishes to keep the Custom Tune from us, they will have to go through the process as a new client. This is mainly for engine safety reasons, as we have no way of tracking what parts may have been taken off the car or added. There are also differences in fuel quality from place-to- place, different elevations/ambient conditions and the new owner will likely not be sourcing their fuel from the same place and therefore can cause issues with a custom tune that was setup for a specific fuel.

• We agree to support the custom tune for 1 full year following the purchase date. You have 1 year from the original purchase date to request your calibration file. JordanTuned, LLC may issue a store credit at our discretion in very limited circumstances, in such case you have 1 year from the original purchase date to redeem any store credits, after which any and all store credits will be null and void. 


• JordanTuned, LLC reserves the right to terminate any and all agreements without notice. All purchases are final, non-refundable and non-transferable. If you fail to adhere to any part of the Terms and Conditions / Waiver / Vehicle Compliance Affidavit as agreed to: WE RESERVE THE RIGHT TO TERMINATE THE TUNING PROCESS IMMEDIATELY and there will be NO REFUNDS - which includes violating local/state/provincial laws pertaining to on-road use/emissions. Other causes of termination of this agreement could be one of, but not limited to the following: You “The Customer” is not participating fully in the working relationship, “The Customer” seriously deviating from the proposed system and/ or process, “The Customer” causing system/communication disruptions, neglecting to adhere to standard operating procedures (as listed in this agreement) or whatever other infraction JordanTuned, LLC deems to be harmful to the working relationship of both JordanTuned, LLC and “The Customer”.

• JordanTuned, LLC has a ZERO ABUSE policy. If there is any abusive language or bullying behavior, instant termination will result and there are NO REFUNDS. Abusive behavior/language WILL NOT BE TOLERATED IN ANY WAY, SHAPE OR FORM. Please be polite and professional. 


• Do NOT share datalogs on the internet in random forums/groups or otherwise. Datalogs contain a lot of information that can easily be used by our competitors for their gain. You will also receive a myriad of opinions, most of which are un- qualified and can and usually do contain mis-information (often times from competitor companies). We are NOT responsible for random opinions on the internet about datalogs. Nobody is more qualified than us to view your datalogs - after tuning thousands of BMW engines we are experts and our reputation speaks for itself. If you have an issue or concern, please contact us and we will gladly take a look and address any issue/concern. Remember, datalogs contain proprietary info and trade secrets. If you disclose your datalogs, we will terminate the process immediately and there are NO REFUNDS.

• The parties agree to execute this Agreement via facsimile, email, e-signature or such other electronic methods as the parties may agree and any legible electronic copy of this Agreement and any signatures (including electronic signatures) are considered for all purposes as an original. If signatures are executed in counterpart, each counterpart is deemed an original and all of which constitute one and the same instrument. A party executing this Agreement through electronic methods agrees that for all purposes under the E-Sign Act of 2000 and the Uniform Electronic Transaction Act (and any state corollaries), such party affixed their electronic signature to the Agreement and that the signature was made with the intent to sign and be bound by the Agreement.


  Refund Policy:

• NO REFUNDS will be given due to length of time of the tuning process (OR FOR ANY OTHER REASON) and there shall be NO expectations of how many revisions will be needed to finish the custom tune. Please understand that, while we take every measure to be as timely as possible, the tuning process is not instant. All purchases are final, non-refundable and non-transferable.


• While we work VERY hard to keep turn-times as low as possible, we do not and can not guarantee turn-times. We don’t work weekends or major holidays (U.S.), so if you (the “Customer”) makes a payment on late Friday, we will not usually be able to start the custom tuning process until Monday at the earliest. Refunds WILL NOT be given due to unrealistic expectations regarding turn-times. It is important to totally understand that this is a complicated process and is NOT INSTANT.

• Lost File / Deletion Notice: We are NOT responsible for lost/deleted files. If your file is lost or deleted and you didn’t purchase our Off-line / Off-site Data Back-Up Service, you will be responsible for purchasing a new file at full retail price.


• PLEASE NOTE: Our hours are M-F 8am to 7pm EST and are off on weekends and US holidays - Please consider our working hours before flashing or making any changes or update requests to your custom tune.

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