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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING 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.
 
Returns and Refunds.
Diesel Domination only accepts returns authorized with a Return Authorization (RMA). Accepted returns must follow the 5000 mile customer satisfaction guarantee. Customer must provide Diesel Domination the mileage of their vehicle upon installation in order to qualify for a return or refund.
 
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 Diesel Domination LLC. The collective work includes works that are licensed to Diesel Domination LLC. Copyright 2003, Diesel Domination 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 Diesel Domination LLC or purchasing Diesel Domination 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 Diesel Domination LLC or to purchase Diesel Domination 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 Diesel Domination 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 Diesel Domination LLC used in the site are trademarks or registered trademarks of Diesel Domination 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, Diesel Domination 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. Diesel Domination 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. Diesel Domination LLC does not make any warrantees 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.

Limitation of Liability
Aftermarket race products are intended and were developed for non-street-legal off highway racing use! Any other use, especially for use on non-race vehicles, on ANY road, public or private, is STRICTLY PROHIBITED. Removing your factory exhaust emissions equipment such as your catalytic converter or your Diesel Particulate Filter, or tampering with your EGR, is against federal regulations set forth by the EPA. If you remove any of this equipment you may be subject to fines and/or civil penalties.
 
PowerUpDiesel.biz and Diesel Domination LLC strongly recommends you do not remove emissions equipment and that it should be left in place at all times on vehicles not used for off-road racing. By the purchase of any of our products you release Diesel Domination of all liability, and assume all responsibility for your actions associated with removing emissions equipment. Please understand that exhaust products cannot be returned for any reason once installed. By installing any of our aftermarket products, the user, assume all risks associated with possible loss of factory warranty, and will in no circumstances hold Diesel Domination liable for any damages or voiding of factory warranty.
 
By purchasing any aftermarket product Diesel Domination and PowerUpDiesel.biz offers, you attest to have fully read and fully understand that you fully release Diesel Domination from any claim or liability associated with improper use of aftermarket products and that you will not use any aftermarket race products obtained from Diesel Domination for anything other than off-highway race use.

Typographical Errors
In the event that a Diesel Domination LLC product is mistakenly listed at an incorrect price, Diesel Domination LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Diesel Domination 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 cancelled, Diesel Domination 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 Diesel Domination LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Diesel Domination 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 Diesel Domination LLC.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Diesel Domination LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Diesel Domination LLC products) must be commenced within one (1) year after the claim or cause of action arises. Diesel Domination LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Diesel Domination LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

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 Diesel Domination 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
Diesel Domination 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, Diesel Domination 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, Diesel Domination 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 Diesel Domination LLC in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Diesel Domination 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, Diesel Domination LLC may link to sites operated by third parties. However, even if the third party is affiliated with Diesel Domination LLC, Diesel Domination LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Diesel Domination LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Diesel Domination 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).