Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND SERVICES AVAILABLE FROM THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Gurued Gear LLC. The collective work includes works that are licensed to Gurued Gear LLC. Copyright 2014, Gurued Gear LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Gurued Gear LLC or purchasing Gurued Gear LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Gurued Gear LLC or to purchase Gurued Gear LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Gurued Gear LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Gurued Gear LLC used in the site are trademarks or registered trademarks of Gurued Gear LLC


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Gurued Gear LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Gurued Gear LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Gurued Gear LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

ECU Re-Flash Service DISCLAIMER AND RELEASE OF LIABILITY 

Due to the highly complex nature of high performance racing products and services sold and provided by Gurued Gear, LLC including its affiliates, agents, contractors, employees, vendors, distributors and other third-party service providers (hereinafter collectively as “Gurued Gear”), you as the (“Customer”) agree to the following:

Customer hereby agrees to forever release and hold harmless Gurued Gear, its affiliates, agents, contractors, employees, vendors, and other third party service providers from any and all liabilities, claims, violations, damages, court costs, attorney’s fees and other actions that may arise from any civil, administrative or criminal claim, suit, complaint or action for personal injury, death,  losses or damage, or violations of any kind, occurring, either directly or indirectly, in connection with Customer’s motorcycle, equipment or accessories due to the purchase, installation, modification, or use of any products or services from Gurued Gear. Customer also agrees his/her assignees, heirs, distributes, guardians, next of kin, spouse and legal representatives will not make a claim against, sue or attach property of Gurued Gear in connection with any of the matters covered by this release. Customer also agrees that GURUED GEAR accepts no responsibility or obligation of any kind or nature, in connection with products sold to and services rendered for Customer, their motorcycles, equipment, or accessories. Customer acknowledges this product is of unknown performance, is experimental, intentionally bypasses normal safety features, and is intended solely for closed-course off-road use. All products sold including the “GuruedGear” line of products and services rendered by GURUED GEAR are covered by this agreement and are provided without warranty of any kind, express or implied, including without limitation, the implied warranties of merchantability or fitness for a particular purpose. As such, in no event shall GURUED GEAR be responsible or liable, whether in contract or tort for any general, special, indirect, incidental or consequential damages of any kind, or loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the ability or inability to use the products or services to the fullest extent these damages may be disclaimed by law. Furthermore, Customer also acknowledges and comprehends that products or services sold or otherwise provided to Customer by GURUED GEAR are not intended for street or highway use, or for use where otherwise is prohibited by law, and that Customer’s motorcycle and all products or services sold or otherwise provided by GURUED GEAR will be used solely for closed-course, competition purposes only. Customer agrees to assume liability for the proper installation, testing and use of any product acquired under this agreement. Customer agrees not to disassemble or distribute any intellectual property associated with this product or service. Customer agrees to assume liability if they elect to sell or transfer ownership of any product or service acquired under this agreement. Customer also asserts he/she is mentally sound, has read and understood this entire agreement is over 18 years old and is without a legal guardian.

ECU Re-Flash Questions and Answers

In an concerted effort to make it expressantly clear as to the hazards of utilizing the experimental re-flash service, we have complied a printable Q&A as well as a hard copy of the Release of Liability that can be found here.

Wholesale and Distributors
Persons or entities that elect to purchase at wholesale, resale or distribute Gurued Gear products are solely responble for collecting and maintaing Release of Liabilities for products which require them. Wholesale and distribtors are also required to advise customers of the dangers of experimental ECU re-flashing.

Limitation of Liability
Gurued Gear LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Gurued Gear LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Gurued Gear LLC product is mistakenly listed at an incorrect price, Gurued Gear LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Gurued Gear LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Gurued Gear LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Gurued Gear LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Release of Liability, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Gurued Gear LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Gurued Gear LLC.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Gurued Gear LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Gurued Gear LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Gurued Gear LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Gurued Gear LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Gurued Gear LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Gurued Gear LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Gurued Gear LLC may link to sites operated by third parties. However, even if the third party is affiliated with Gurued Gear LLC, Gurued Gear LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Gurued Gear LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Gurued Gear LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).