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Conditions of Use

Welcome to our online store! Diesel Dawgs Performance and its associates provide their services to you subject to the following conditions. If you visit or shop within this web site, you accept these conditions. Please read them carefully.

 

All parts for sale on this website are considered "high performance" parts, and are intended and developed for non-street-legal, off-highway, closed course racing use ONLY! Any use by non-sanctioned race vehicles, on ANY road, public or private, is STRICTLY PROHIBITED in the United States and Canada.  Any part purchased on this site will cause the vehicle it is installed on to exceed fedaral emissions limits, and therefore cannot be installed on any vehicle that has been certified or registered for highway use. Removing factory emissions equipment, including but not limited to, exhaust gas recirculation(EGR), catalytic converter, or Diesel Particulate Filter(DPF), is against federal regulations set forth by the EPA, when not used for closed-course sanctioned racing. Diesel Dawgs Performance strongly recommends that all emissions equipment be left in place at all times on vehicles that have been registered or certified for highway use. By purchasing or installing any of our high performance products, you release Diesel Dawgs Performance of any and all liabilities, and assume all responsibility for making sure your vehicle is compliant with all local, state, and federal emissions regulations. By agreeing to these terms and conditions, you acknowledge that installing a high performance product on your vehicle may void your manufactures warranty. By installing any high performance parts purchased from this site, you assume all risks and liabilites, including but not limited to, loss of vehicle warranty, fines, and civil penalties. By purchasing high performance products on this website, the buyer assumes all risks and liabilities, and in no way will hold Diesel Dawgs Performance liable for any mis-use or consequencial damages.

Warranty

PRIVACY

Please review our Privacy Notice, which also governs your visit to our web site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Diesel Dawgs Performance or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Diesel Dawgs Performance or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Diesel Dawgs Performance, with copyright authorship for this collection by TXprogrammer, and protected by U.S. and international copyright laws. The software application provider and author for "osCommerce", is used under the GNU GENERAL PUBLIC LICENSE and all original authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.

TRADEMARKS

Diesel Dawgs Performances trademarks and trade dress may not be used in connection with any product or service that is not Diesel Dawgs Performances, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Diesel Dawgs Performance. All other trademarks not owned by Diesel Dawgs Performance or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Diesel Dawgs Performance or its subsidiaries.

LICENSE AND SITE ACCESS

Diesel Dawgs Performance grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Diesel Dawgs Performance. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Diesel Dawgs Performance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Diesel Dawgs Performance and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Diesel Dawgs Performances name or trademarks without the express written consent of Diesel Dawgs Performance. Any unauthorized use terminates the permission or license granted by Diesel Dawgs Performance. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Diesel Dawgs Performance so long as the link does not portray Diesel Dawgs Performance, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Diesel Dawgs Performance logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our web site only with involvement of a parent or guardian. Diesel Dawgs Performance and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Diesel Dawgs Performance reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Diesel Dawgs Performance and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Diesel Dawgs Performance and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Diesel Dawgs Performance or its associates for all claims resulting from content you supply. Diesel Dawgs Performance has the right but not the obligation to monitor and edit or remove any activity or content. Diesel Dawgs Performance takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Diesel Dawgs Performance are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Diesel Dawgs Performance and its associates attempt to be as accurate as possible. However, Diesel Dawgs Performance does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Diesel Dawgs Performance itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Diesel Dawgs Performance ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Diesel Dawgs Performance MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Diesel Dawgs Performance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Diesel Dawgs Performance DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Diesel Dawgs Performance ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Diesel Dawgs Performance WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Diesel Dawgs Performance, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Diesel Dawgs Performance or its associates.

DISPUTES

Any dispute relating in any way to your visit to Diesel Dawgs Performance or to products you purchase through Diesel Dawgs Performance shall be submitted to confidential arbitration in North Carolina, except that, to the extent you have in any manner violated or threatened to violate Diesel Dawgs Performances intellectual property rights, Diesel Dawgs Performance may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Diesel Dawgs Performance. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: lukesdiesel@yahoo.com

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