Terms and Conditions

Online Store & Ordering:If an item is in stock, is it really in stock?

Sometimes. Unfortunately there are many items that are far too large to house locally, and they must ship from the distributor or manufacturer directly. When this happens there is often a delay of anywhere from a day or two, to a month or more for an in-demand item. If there are substantial delays we will notify you shortly after your order. Should the delay be unacceptable you will be issues a full refund provided we have not yet ordered the item to ship to you.

Tuning:

How do I do flash and how do I datalog? Please reference the instructions that you were sent. We just do not have the time to walk everyone through this process or our pricing would have to go up substantially. If you think you are having a technical issue, please check the help file and instructions FIRST as many common errors can appear that way.

Where is my stock file?

For the MX5 and BRZ they are under C:/EcuTek/ProECURomFiles. For all other platforms you will need to send us a request should you need to go back to stock. If you have PhoneFlash you will need to request the stock file from us.

Can the dealer or manufacturer tell if the car was flashed?

We do not condone warranty fraud, and if you flash your car expect the manufacturer to examine the ECU’s state at the time of service. We have had some dealers warranty claims on unrelated failures, we have had some blame the tune when the rear differential gave out–so we cannot guarantee anything in regards to how you will be treated with your service department. With that said, we have had very, very few reports of engine issues with the dealer refusing to do the work because an ECU was previously flashed. But keep in mind that if you run a turbo kit doubling the vehicle’s output, it is not reasonable to expect the dealer to warranty an engine failure. We provide no warranties of any kind in regards to engine or drivetrain durability when increasing power output above factory levels. Though we have an excellent record in this regard, anything is possible.

Is ethanol safe?

Vehicles designed for pump gas should run pump gas. And slow vehicles should stay slow. Water is wet. All three of these things are true if you would like to live a long, and terribly boring life. We like to live on the edge so we have run ethanol both in 30 year old cars, and brand new off the showroom floor. And in the lawnmower. Fortunately all have held up just wonderfully in our testing, and with hundreds of vehicles running our flex fuel kit we have not had a single failure related to ethanol use. So while there are no warranties to the fuel system’s performance, we have had no cause for concern in the last several years of running it almost exclusively in our vehicles.

Timing

If you purchase a supercharger, wait 1-2 months to receive it, another 2 weeks for the appointment to install it, please do not come to us the day of the install and expect the tune “right now” because you need to get home! Tuning is not terribly difficult once the base tune is done, but it must be done carefully as to avoid a simple error which can cost you an engine. Please be respectful and understand that our pricing also entails having a certain workflow, and to step outside of that means that our costs go up. If you caught your error an realized that tunes are not just all premade, sitting there waiting for you but are in a bind, we do have priority pricing levels in the tuning section.

Refunds/Returns/Cancellations

We want you to be happy with your purchase, but please understand that while multi-billion dollar companies can afford to take back anything, they do not know a thing about the products we are passionate about. We will take returns on unopened items with a 20% restocking fee, provided they are returned to us within 30 days. Custom ordered parts that are not in stock locally are NOT RETURNABLE. So if we ordered something to get to you, we cannot take it back as a return in most cases. Tunes are not refundable once they are sent. Licenses are not refundable once they are allocated to a dongle. Custom made products: once we begin to build them, they are not refundable except in rare circumstances where it has been more than 3 months from order date. Turbo kits may take more than 3 months, in these cases we do not refund turbo kit purchases unless more than 6 months has elapsed from date of purchase. This does not mean it will take that long, but please ask what the ETA is on custom parts when ordering.

TERMS AND CONDITIONS

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.

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 MotoTuned. The collective work includes works that are licensed to MotoTuned. Copyright 2023-2024, MotoTuned 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 MotoTuned or purchasing MotoTuned 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 MotoTuned or to purchase/sell MotoTuned 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 MotoTuned. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Liability:

We cannot be held liable for any damages resulting from vandalism, acts of God, or any other circumstance including floods and fires. We are not liable for damages incurring from the malfunction of installed parts. The customer is responsible for any damages resulting from excessive horsepower. Any forced induction installations/tunes are not for use on a public highway or road, nor to be utilized for prolonged high speed driving. Engine tuning carries no warranties, and damage resulting from such is the sole responsibility of the vehicle owner. While we will do our best to ensure optimal operation when tuning, the demands on the vehicle and engine are often outside of what the manufacturer intended and we will not be held liable should failure occur. We do our best to make sure this does not happen, but we cannot guarantee engine performance when taken outside of its intended operational envelope.

Emissions/Racing:

Many modifications are considered for “off road use only” and are not for use on any pollution controlled vehicle on a public road. It is up to the customer to assure legality in their state or municipality. Any emissions altering modifications installed by MotoTuned are for racetrack use only. Due to the harsh nature of the race track, we cannot guarantee any part subjected to racing use. Unless otherwise specified, only CARB certified parts may be used on public highways in the US. We are not liable for their misuse, nor do we provide guidence on overseas installations.

Parts:

Many parts provided by MotoTuned have a manufacturer warranty and it is up to the customer to obtain proper service or repair by getting an RMA number/proper authorization. We will assist with this process when possible on parts purchased from us. We can install customer supplied parts on a limited basis, however, they are not guaranteed by MotoTuned, nor is their performance. Any labor performed on incorrect or damaged parts supplied by the customer, is to be paid by the customer.

Manufacturer Warranty on New Vehicles:

Customer understands that the manufacturer is responsible for warranty implementation, and that any aftermarket installations might void it (at the discretion of the dealership). It is solely up to the customer to check with their dealer or manufacturer.

Returns:

We accept returns on a limited basis on unopened in-stock products, 20% restocking fee applies. Special order, group buys, and discount items are NON RETURNABLE. Tires and wheels are NON RETURNABLE. Tunes bought as “tune only” products are NON RETURNABLE. In rare cases we may refund a tune purchase if we cannot deliver the tune in an adequate manner, as deemed by MotoTuned. No other exceptions will be made as a tune can never be “returned.” ALL REFUNDS ARE SUBJECT TO A MINIMUM 5% SERVICE FEE NO MATTER THE REASON.

Trademarks

All trademarks, service marks and trade names of MotoTuned used in the site are trademarks or registered trademarks of MotoTuned.

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, MotoTuned disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MotoTuned 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. MotoTuned 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

MotoTuned 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 MotoTuned 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 MotoTuned product is mistakenly listed at an incorrect price, MotoTuned reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MotoTuned 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, MotoTuned 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 MotoTuned 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

MotoTuned 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 MotoTuned.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, 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 MotoTuned products) shall be in the state or federal courts located in Northampton County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MotoTuned products) must be commenced within one (1) year after the claim or cause of action arises. MotoTuned’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. MotoTuned 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 MotoTuned 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

MotoTuned 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, MotoTuned 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, MotoTuned 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 MotoTuned in its sole discretion.

Indemnification

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

EPA Warning

WARNING: Any tuning, exhaust, and emissions related products are a RACE ONLY product manufactured and sold for installation on vehicles to be used solely for competition purposes, which, once installed, may never be used, or registered or licensed for use upon a public road or highway. If you install this part on your vehicle and use that vehicle on a public road or highway, you will be considered in violation of the Clean Air Act and personally subject to a civil penalty of $4,454.