Terms of Sale

Terms of Sale & Liability Release

1. Acceptance of Terms

By purchasing, installing, or using any product or service (“Product”) from Pinnatec LLC, doing business as Pinnatec Auto (“we,” “us,” “our,” or the “Company”), you (“Customer,” “user,” or “you”) agree to be bound by these Terms of Sale & Liability Release (“Terms”). If you do not agree to all of these Terms, do not purchase or use our Products.

Mandatory Release Confirmation

  • Before completing any purchase on our website or through our application, you will be required to toggle/select a release acknowledging and accepting all liabilities and risks outlined herein, without exception.
  • A similar release must be toggled/selected prior to the use or download of any software or application-based Product that we provide.

2. Products & Services

  1. Nature of Products
    • Pinnatec Auto specializes in high-performance automotive engineering parts, including (but not limited to) power enhancements, handling improvements, cosmetic modifications, electronic/hardware upgrades, and custom engineering solutions.
    • Many Products are intended solely for off-road or track use and may be illegal for on-road usage in certain jurisdictions (including California). It is exclusively your responsibility to confirm whether usage is permissible under local, state, federal, or international regulations.
  2. Customization & Special Orders
    • Certain Products are produced in limited runs or made to order. All custom or special-order Products are non-cancellable and non-refundable once production commences, unless explicitly agreed to by us in writing.
  3. Intellectual Property
    • All designs, logos, trademarks, firmware, software, and other proprietary elements of our Products remain the sole property of Pinnatec Auto.
    • No license or transfer of intellectual property is granted or implied by your purchase or use of our Products.

3. Off-Road & Limited Use Disclaimer

  1. Legal Compliance
    • You assume full, exclusive, and complete responsibility for determining the legality of using our Products in your jurisdiction.
    • Any Product that violates or potentially violates emissions or noise-control regulations in your area must not be used on public roads. Pinnatec Auto has no responsibility for ensuring your compliance with any law or regulation.
  2. Assumption of Risk
    • By purchasing or using our Products, you voluntarily and knowingly assume all risks associated with automotive modifications, including but not limited to vehicle damage, voided manufacturer or dealership warranties, increased repair costs, bodily injury, death, property damage, and violations of emissions laws.
    • You hereby acknowledge that Pinnatec Auto is not responsible for any adverse consequences that may arise from the use or misuse of our Products.

4. Warranties & Disclaimers

  1. Limited Warranty (If Any)
    • We may, at our sole discretion, provide a written limited warranty for certain non-custom Products.
    • Once a Product is discontinued or deemed end-of-life, Pinnatec Auto may cease offering updates, support, or warranty coverage for that Product.
  2. As-Is Basis
    • Except as expressly stated in any limited written warranty we provide, all Products and services are offered on an “as is” and “with all faults” basis, without any warranties—express or implied—of any kind whatsoever.
  3. No Implied Warranties
    • To the maximum extent permitted by California law, all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.
  4. No Guaranteed Performance Gains
    • Any performance or horsepower figures mentioned on our website, marketing materials, or communicated verbally are estimates only. Actual results vary widely based on vehicle condition, installation quality, and numerous factors beyond our control.

5. Liability Release, Indemnification & Cap on Liability

  1. Total Release of Liability
    • To the fullest extent allowed by California law, you release, waive, discharge, and covenant not to sue Pinnatec Auto, its officers, directors, employees, agents, affiliates, successors, or assigns (“Released Parties”) for any and all liability, claims, demands, actions, or causes of action arising from or related to any loss, damage, injury (including death), or any other harm—regardless of its cause—that may arise out of or relate to:
      • Your purchase, installation, or use of any Product;
      • Any defects or alleged defects in any Product;
      • Any negligence, misconduct, or other act or omission by the Released Parties or by any third party.
  2. Indemnification & Defense
    • You further agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, lawsuits, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
      • Your breach of these Terms;
      • Your use or misuse of any Product;
      • Your failure to comply with any applicable law or regulation.
  3. Legal Costs in Customer-Initiated Lawsuits
    • To the extent permissible under California law, if you initiate any claim, suit, arbitration, or proceeding against the Released Parties, you agree to bear all legal costs and fees incurred by both you and the Released Parties in defending such action, regardless of the outcome, unless expressly prohibited by law.
    • Should a court of competent jurisdiction determine that this provision is unenforceable in any particular instance, the remainder of this indemnification clause and these Terms shall remain fully valid and enforceable.
  4. No Consequential, Incidental, or Special Damages
    • Under no circumstances shall Pinnatec Auto or any Released Party be liable for indirect, incidental, consequential, special, punitive, or exemplary damages—including but not limited to lost profits, lost revenue, vehicle damage, or personal injury—even if advised of the possibility of such damages.
  5. Cap on Liability
    • Under no circumstances can any monetary judgment, damages, award, or collection exceed the actual purchase price you paid for the specific Product(s) at issue.
    • This means that, in the extremely unlikely event Pinnatec Auto or the Released Parties are found liable for damages, the maximum amount that may be collected, enforced, or levied against Pinnatec Auto is strictly capped at the purchase price of the Product(s) in question.
    • This liability cap applies collectively to all claims you may bring against the Released Parties.

6. Payment & Pricing

  1. Pricing
    • All prices listed on our website or order forms are subject to change without notice. We reserve the right to cancel any order resulting from mispriced items, typographical errors, or system malfunctions.
  2. Payment Methods
    • We accept credit card payments through Stripe or other authorized processors. Full payment is due upon ordering unless otherwise specified in writing by an authorized representative of Pinnatec Auto.

7. Age Restrictions

  • You must be at least 18 years old or the age of majority in your jurisdiction to purchase, install, or use any of our Products. By placing an order, you certify that you meet this age requirement.

8. Right to Refuse or Cancel

  • We reserve the right to refuse service, revoke access, or cancel orders at our sole discretion. This includes instances of suspected fraud, illegal activity, or if a Product is found to be mispriced.
  • If we cancel an order after payment, we will issue a refund according to our Refund Policy.

9. Disassembly, Reverse Engineering & IP Protection

  1. Strict Prohibition
    • Any attempt to disassemble, reverse engineer, decrypt, unlock, or otherwise access the underlying design, firmware, or proprietary information in our Products is strictly prohibited.
    • Any such action voids all warranties—express or implied—and may violate federal and state laws, including but not limited to intellectual property and trade secret statutes.
  2. Anti-Tampering Measures
    • We employ anti-IP theft features and tamper-proof designs to protect our proprietary technology.
    • Any attempt to override or disable these protective measures may irreparably damage the Product and result in legal action.
    • You assume all liability for any damage or loss resulting from such prohibited conduct.

10. Governing Law, Venue & Attorneys’ Fees

  1. Governing Law
    • These Terms, and any dispute arising under or relating to these Terms or the purchase/use of our Products, shall be governed by and construed according to the laws of the State of California, without regard to conflict of laws principles.
  2. Exclusive Venue
    • Any legal action arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Diego County, California.
    • You hereby consent to the personal jurisdiction of these courts and waive any objections to this venue.
  3. Attorneys’ Fees
    • In any dispute between you and Pinnatec Auto related to or arising from these Terms or the Products, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, in addition to any other relief granted.

11. Changes to These Terms

  • We reserve the right to amend, modify, or update these Terms at any time, effective immediately upon posting. Your continued use or purchase of our Products after any changes are posted constitutes your acceptance of the modified Terms.

12. Acknowledgment & Complete Release

  • By purchasing, installing, or using any of our Products, you acknowledge that:
    1. You have read and fully understand these Terms;
    2. You knowingly and voluntarily agree to be bound by all disclaimers, releases, and waivers stated herein;
    3. You affirm you are of legal age in your jurisdiction and have the legal capacity to enter into these Terms.
  • You expressly intend for this Release to apply to all claims, whether known or unknown, and waive the protections of California Civil Code § 1542, or any similar law that might otherwise limit the scope of such a release, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

For any questions or clarifications about these Terms, please contact us before using or purchasing any of our Products.

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