Terms of service

MC Performance – Terms of Service

Effective Date: ____April 16th, 2026_______________

Welcome to MC Performance (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of all products, services, tuning files, software, calibrations, delete kits, performance parts, website content, and communications provided by MC Performance.

By accessing our website, purchasing products, downloading files, receiving services, or using any products sold by MC Performance, you (“Customer,” “User,” or “you”) automatically agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not access, purchase, install, or use any products or services provided by MC Performance.

1. ELIGIBILITY

By using this website or purchasing products from MC Performance, you represent and warrant that:

  • You are at least 18 years of age;
  • You have the legal authority to enter into this agreement;
  • You will comply with all applicable laws and regulations;
  • Any information provided to MC Performance is accurate and truthful.

2. OFF-ROAD / COMPETITION USE ONLY

ALL TUNES, SOFTWARE, DELETE KITS, EMISSIONS-RELATED COMPONENTS, PERFORMANCE PARTS, AND RELATED PRODUCTS SOLD BY MC PERFORMANCE ARE INTENDED STRICTLY FOR:

  • OFF-ROAD USE,
  • CLOSED-COURSE COMPETITION,
  • RACING APPLICATIONS,
  • AGRICULTURAL APPLICATIONS,
  • OR OTHER NON-PUBLIC ROAD USES ONLY.

Products sold by MC Performance are NOT intended for use on public highways, streets, or roads where emissions regulations apply.

You acknowledge that the installation or use of emissions-related modifications on pollution-controlled vehicles operated on public roads may violate federal, state, or local laws, including regulations enforced by the:

  • United States Environmental Protection Agency (EPA),
  • California Air Resources Board (CARB),
  • State environmental agencies,
  • Department of Transportation (DOT),
  • And other regulatory agencies.

You assume all responsibility for ensuring compliance with applicable laws in your jurisdiction.

3. PRODUCT USE AND CUSTOMER RESPONSIBILITY

Customer is solely responsible for:

  • Proper installation and use of all products;
  • Verifying compatibility before purchase;
  • Compliance with all local, state, and federal laws;
  • Vehicle maintenance and safe operation;
  • Any consequences arising from use of aftermarket tuning or modified emissions systems.

MC Performance does not guarantee emissions compliance, road legality, or inspection compliance in any jurisdiction.

4. ASSUMPTION OF RISK

Performance modifications may increase stress on vehicle systems and may result in:

  • Engine damage,
  • Transmission damage,
  • Turbocharger failure,
  • Drivetrain failure,
  • Reduced reliability,
  • Mechanical breakdown,
  • Personal injury,
  • Death,
  • Property damage.

By purchasing or using products from MC Performance, you voluntarily assume all risks associated with aftermarket vehicle modifications and performance tuning.

5. NO WARRANTIES

ALL PRODUCTS, SERVICES, SOFTWARE, TUNING FILES, AND CALIBRATIONS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.”

MC Performance DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability,
  • Fitness for a particular purpose,
  • Emissions compliance,
  • Performance guarantees,
  • Reliability,
  • Compatibility,
  • Road legality.

No verbal or written information provided by MC Performance creates any warranty unless explicitly stated in a signed written agreement.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MC PERFORMANCE SHALL NOT BE LIABLE FOR ANY:

  • Direct damages,
  • Indirect damages,
  • Incidental damages,
  • Consequential damages,
  • Lost profits,
  • Vehicle downtime,
  • Towing costs,
  • Repair costs,
  • Mechanical failures,
  • Regulatory fines,
  • Penalties,
  • Personal injury,
  • Death,
  • Property damage.

This limitation applies regardless of the cause of action, including negligence, breach of contract, strict liability, or otherwise.

In all circumstances, MC Performance’s total liability shall not exceed the amount paid for the applicable product or service.

7. INSTALLATION DISCLAIMER

Improper installation or misuse of products may cause severe vehicle damage or unsafe operating conditions.

Professional installation is strongly recommended.

MC Performance is not responsible for:

  • Improper installation,
  • Incorrect tuning,
  • Vehicle misuse,
  • Neglect,
  • Abuse,
  • Racing incidents,
  • Or third-party workmanship.

8. ORDERS, PAYMENTS, AND PRICING

MC Performance reserves the right to:

  • Refuse or cancel any order;
  • Correct pricing errors;
  • Limit quantities;
  • Modify or discontinue products without notice.

Prices are subject to change at any time without notice.

Orders may be canceled if fraud, unauthorized transactions, or suspicious activity is suspected.

9. NO REFUNDS / FINAL SALES

Due to the nature of digital tuning files, electronic devices, custom calibrations, and specialty performance products:

  • ALL SALES ARE FINAL.
  • NO REFUNDS, RETURNS, OR CHARGEBACKS SHALL BE ACCEPTED ONCE PRODUCTS HAVE BEEN:
    • SHIPPED,
    • DELIVERED,
    • DOWNLOADED,
    • ACCESSED,
    • INSTALLED,
    • OR USED.

Any exception is solely at the discretion of MC Performance.

Unauthorized chargebacks may result in legal action and collections activity.

10. INTELLECTUAL PROPERTY

All content provided by MC Performance, including but not limited to:

  • Logos,
  • Branding,
  • Tuning files,
  • Software,
  • Website content,
  • Graphics,
  • Product descriptions,
  • Text,
  • Images,
  • Marketing materials,

are the exclusive property of MC Performance and may not be copied, reproduced, distributed, or resold without written permission.

11. WEBSITE USE

You agree not to:

  • Use the website for unlawful purposes;
  • Attempt to gain unauthorized access to systems or data;
  • Distribute malicious software;
  • Interfere with website functionality;
  • Copy or exploit website content without permission.

MC Performance reserves the right to suspend or terminate access for violations of these Terms.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MC Performance, its owners, employees, contractors, affiliates, and representatives from and against any claims, damages, liabilities, losses, fines, penalties, legal fees, and expenses arising from:

  • Product use,
  • Product installation,
  • Vehicle operation,
  • Emissions violations,
  • Racing activities,
  • Violation of laws,
  • Personal injury,
  • Death,
  • Property damage.

13. GOVERNING LAW

These Terms shall be governed by and interpreted under the laws of the State of Texas, without regard to conflict-of-law principles.

Any dispute arising from these Terms or use of products/services shall be resolved exclusively in the courts located within the State of Texas.

14. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain fully enforceable and in effect.

15. CHANGES TO TERMS

MC Performance reserves the right to update, modify, or replace these Terms at any time without prior notice.

Updated Terms become effective immediately upon posting on the website or otherwise being made available to customers.

Continued use of products or services after changes constitutes acceptance of the revised Terms.

16. CONTACT INFORMATION

MC Performance

For questions regarding these Terms of Service, contact:

MC Performance
Email: clmorgan3506@gmail.com
Phone: 979-627-1910

CUSTOMER ACKNOWLEDGMENT

BY ACCESSING THIS WEBSITE, PURCHASING PRODUCTS, INSTALLING PRODUCTS, OR USING SERVICES PROVIDED BY MC PERFORMANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE IN THEIR ENTIRETY.