Disclaimer

 

This disclaimer (“Disclaimer”) applies to all products, parts, and accessories, whether resold, modified, or originally manufactured that are sold by STU KELLY MOTORSPORTS INC., an Indiana corporation (“SKM”) (the products, parts, and accessories, the “Products”). Products are engineered and manufactured for legal use in racing, drifting, and other off-road uses. These Products are not designed, approved, or intended for use on public roads, highways, or any other areas where the use is not permitted by applicable traffic laws or regulations. Modifying a vehicle with these parts may render it non-compliant with local, state, or federal laws, including but not limited to emissions, noise, and safety standards. The purchaser or end user of any Product (“Purchaser”) is responsible for identifying any such limitation, regulation, or prohibition. SKM is not responsible for, and fully disclaims, any responsibility for identifying where legal and appropriate use of the Products is. The sale of Products does not constitute an endorsement, approval, or encouragement of any use, including illegal or impermissible use by SKM. It is solely the responsibility of the Purchaser to understand and comply with all applicable laws and regulations. 

By purchasing or installing Products, Purchaser acknowledges and agree to the following: 

  1. Exclusive Off-Road Use: The Products are intended solely for legal purposes, namely off-road environments and competitive motorsports away from public roadways and any other location where the use of the Products is illegal or prohibited. 

  1. Assumption of Risk:  Purchaser assumes full responsibility for the proper installation, use, and operation of the Products in compliance with all applicable laws. 

  1. Release of Liability: SKM shall not be liable for any damages, penalties, or legal consequences arising from the misuse or illegal use of its products. THIS INCLUDES, BUT IS NOT NECESSARILY LIMITED TO, SPECIAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE LOSS OF LIFE OR LIMB, OR DAMAGES DUE TO BODILY OR PERSONAL INJURY, WHICH MAY ARISE OR RESULT FROM THE SALE, INSTALLATION, OR USE OF ANY OF ITS PRODUCTS AND PARTS. THIS DISCLAIMER PURPORTS TO DISCLAIM ALL DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

NO WARRANTIES: UNLESS AN EXPRESS LIMITED WARRANTY IS OFERED IN TERMS OF PURCHASE AT THE POINT OF PURCHASE, ALL PRODUCTS AND PARTS ARE SOLD “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.  THE FOREGOING DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SKM DOES NOT WARRANT THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED SHOULD SUCH PRODUCTS OR PARTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, THE PURCHASER, AND NOT SKM, MANUFACTURER(S), OR DISTRIBUTORS, ASSUMES ALL ASSOICATED LIABILITY AND THE ENTIRE COST OF ALL NECESSARY SERVICES OR REPAIR AS RESULT OF ANY USE OR FAILURE OF ANY PRODUCT OR PART OF SKM. 

  1. Indemnification of SKM: Purchaser agrees to indemnify, defend, and hold harmless SKM, its officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including all attorneys’ fees) (all, “Claims”) arising out of or alleged to arise out of: 

  • Purchasers use or misuse of Products; 

  • Any modification or installation of the Products; or 

  • Any third-party Claims, including but not limited to claims for personal injury, property damage, or violation of law, resulting from or connected to the use or misuse of Products. 

  1. General Warnings:  

ATTENTION: USE OF THESE PRODUCT IS AT YOUR OWN RISK. YOU ASSUME ALL LIABILITY. SKM MAKES NO REPRESENTATIONS OR WARRANTIES TO THE PRODUCTS OR THEIR INTENDED USE OR MISUSE, LEGAL OR ILLEGAL, BY PURCHASER AND DISCLAIMS ALL LIABILITY FROM PURCHASER, USER, OR ANY THIRD-PARTY RELATED TO CLAIMS ARISING FROM ANY USE OR MISUSE. ALL PARTS PROVIDED TO YOU BY STU KELLY MOTORSPORTS, INC., INCLUDING THOSE SOURCED FROM THIRD-PARTY MANUFACTURERS, ARE TO BE INSTALLED BY A LICENSED MECHANIC. 

WARNINGS:  VEHICLE MODIFICATION FOR ANY REASON, INCLUDING FOR MOTORSPORTS AND RACING, IS INHERENTLY DANGEROUS AND CAN RESULT IN DEATH, BRAIN DAMAGE, PARALYSIS OR SERIOUS PERSONAL INJURY.  YOU ASSUME THE RISK OF INJURY OR DEATH WHENEVER ENGAGING IN VEHICLE MODIFICATION OR PARTICIPATING IN MOTORSPORTS, RACING, OR VEHICLE MODIFICATION.  PURCHASER ACCEPTS RESPONSIBILITY FOR ALL AFORMENTIONED RISKS, INCLUDING FINES/IMPRISONMENT FOR NON-COMPLIANCE WITH STATE AND FEDERAL LAWS. 

IF YOU DO NOT UNDERSTAND OR APPRECIATE THE DANGER OF THESE ACTIVITIES, PLEASE REFRAIN FROM THEM AND ALL FURTHER PURCHASE AND USE OF SKM PRODUCTS. 

BUYER’S/USER’S RESPONSIBILITIES: It is Purchaser’s responsibility to inspect and verify the dimensions, specifications, and performance of all Products as being appropriate for the use to which Purchaser will use them prior to any installation and/or use of said Products. All Products must be inspected by Purchaser before each use for evidence of damage, defect or wear. Any deviation by Purchaser from the manufacturer's specifications concerning use, maintenance, repair, alterations or modifications is willful negligence. 

VEHICLE MODIFICATIONS: Vehicle modifications can affect safety, handling, stability and emissions compliance.  Suspension modifications can affect stability and increase the chance of rollover. The installation of Products or parts may affect other vehicle components, safety equipment or manufactured goods (collectively "Goods"). SKM assumes no responsibility for any damage to other goods, or bodily injury that may arise due to failure of Goods, due to installation and/or use, either proper or improper, of Products. SKM is not liable for the voiding of any third-party warranty, manufacturer’s or otherwise, that results from the use or misuse of Products.  

 

For clarity on applicable legal requirements, consult with a qualified attorney or your local regulatory authority before purchasing or using our Products. SKM is committed to promoting safe, responsible, and lawful vehicle modification practices.