Terms of Service

Terms and Conditions

These terms and conditions create a binding contract (“Agreement”) between you and BIMMER TUNNING TOOLS, LLC, a New York limited liability company, and its affiliates (collectively “BTT”). Please read the Agreement carefully. By accessing and/or using this website bimmertuningtools.com, any other website owned, operated or controlled by BTT or any content made available by BTT, including but not limited to videos, (collectively, the “Websites”) you agree to be legally bound by this Agreement. If you do not agree to this Agreement, do not use the Websites.

Use of Websites

The Websites may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BTT. BTT reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BTT believes that customer conduct violates applicable law or is harmful to the interests of BTT. You agree not to use any Products or content obtained through this Website to access or manipulate vehicle software in violation of law. This includes the use of unauthorized encryption keys or firmware, or the circumvention of emissions-related controls. Any framing of the contents of any of the Websites without the prior written permission of BTT is strictly prohibited.

Reviews, Feedback and Comments

BTT may allow visitors to the Websites to post reviews, comments, and other content to the Websites. If you post reviews, comments, or other content on any of the Websites or send feedback, questions or comments to BTT, you grant BTT a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews, comments, or other content throughout the world in any media. You also grant BTT and sub-licensees the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this site and that use of your reviews, comments, or other content by BTT will not infringe upon or violate the rights of any third party.

Copyright

All content included on the Websites, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of BTT or its content suppliers and protected by United States and international copyright laws. All software used on the Websites is the property of BTT or its software suppliers and protected by United States and international copyright laws. 

Trademarks

All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to BTT or other respective owners which have granted BTT the right and license to use such Marks. Any use of content or descriptions, any derivative use of the Websites or its contents, and any use of data mining, robots, or similar gathering and extraction tools is strictly prohibited.

Links to Third Party Sites

There may be instances that some links redirect and let you leave the Websites. The linked sites are not under the control of BTT and BTT is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

Compliance With Law

You agree that your use of the Websites and any Products must comply with all applicable laws and regulations, including U.S. environmental laws and the Digital Millennium Copyright Act. You shall not use any BTT Products to disable or alter emissions-related functionality in any vehicle, nor to access ECU software or keys that you are not legally authorized to use.

Termination; Access Restriction

BTT may terminate this Agreement, or terminate or suspend your access to the Websites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Websites will immediately cease.

Disclaimer

BTT makes no representations or warranties about the accuracy or completeness of the content of the Websites or the content of any website or websites “linked” to the Websites. Any decision made by you based on information contained in the Websites or websites “linked” to the Websites is your sole responsibility. Neither BTT nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to or inability to access the Websites or the use of or reliance on any content in the Websites or the content of any website or websites “linked” to the Websites.

THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BTT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BTT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Amendment

BTT may amend the terms and conditions of this Agreement at any time by reasonable notice, including without limitation by posting revised terms on this website, which amended terms and conditions shall be binding on you.

Severability Clause

If any term of this Agreement is to any extent invalid, illegal or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality or unenforceability; all other terms hereto shall remain in full force and effect.

Applicable Law; Arbitration

This Agreement and your use of the Websites shall be governed by the laws of the State of New York, excluding its conflicts of law provisions. You agree that any dispute or controversy relating to or arising in connection with this Agreement and/or the Websites shall be settled by binding arbitration to be held in New York County, NY under the then existing rules of the American Arbitration Association as in effect at the time the dispute or controversy arises. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration and judgment may be entered on the decision of the arbitrator in any court having jurisdiction.

License Agreement

The purchase of any product on this site is expressly subject to the following license agreement: https://www.bimmertuningtools.com/license-agreement/