Terms and Conditions

TERMS AND CONDITIONS
Riot Inc’s Terms and Conditions
By installing the digital files or hardware you confirm that you have read and accepted RIOT Inc’s Terms and Conditions. To the maximum extent allowable by law, your acceptance of RIOT Inc’s Terms and Conditions is also an acceptance of any express, or implied modifications to, or limits on any rights and remedies which you may have under other applicable law(s), within either or both of them.
By connecting the RIOT Inc. devices or files uploaded to any electronic control module, you confirm that you have read and agreed to the RIOT Inc’s Terms and Conditions.
If you do not agree with the RIOT Inc’s Terms and Conditions you must not use the files or hardware to connect to any electronic control module.
RIOT Inc’s Terms and Conditions
Thank you for purchasing from RIOT Inc, a diagnostic performance data acquisition scan tool and tuning tool consultation company dedicated to helping your shop’s diagnostic capabilities. This section defines the RIOT Inc’s Terms and Conditions ("Terms and Conditions"). Please read them carefully before any use or installation of RIOT Inc files or services.  They contain important information about your responsibilities while using the files or hardware.
1 DEFINITIONS
1.1 RIOT Inc means RIOT Inc files and use of files and scan and tune tools, Riot Inc is a United States registered Corporation.1.2 Scan and Tune Tool means the EFILive Scan Tool software and/or EZLYNK Auto Agent including software and the interface cable used to connect it to any electronic control module.1.3 RIOT Inc Scan and Tune device/tool means both the EFILive Scan and Tune Tool and/or the EZLYNK Auto Agent loaded with RIOT Inc proprietary digital scan files for diagnosing issues in the electronic control modules operation.1.4 Interface cable means any electronic interface circuitry and/or cables that are used or capable of being used by RIOT Inc to connect to any electronic control module.1.5 Interface license key means the 16 letter, segmented, registration key that unlocks scan and tune device for use with an interface cable.1.6 Control Panel means the parts of scan and tune device that can be used to alter the normal operation of a vehicle.1.7 We, us and our means RIOT Inc and all its affiliates, agents, distributors, resellers and associates.1.8 You, your and yourself means the person(s) or entity using RIOT Inc.1.9 Vehicle means any vehicle to which RIOT Inc is or has been connected or to which a connection has been attempted.1.10 Electronic control module means any electronic device capable of communicating with RIOT Inc via any interface cable.
1.11 Terms and Conditions means the section of this document titled "RIOT Inc’s Terms and Conditions", acceptance of which is deemed to occur by connecting the scan and tune tool or digital files uploaded to any electronic control module. 2 CONDITIONS
2.1 The terms and conditions set out below are the terms under which RIOT Inc grants you the right to use the consultation files and scan and tune tools. Installing these files indicates your agreement to these Terms and Conditions. Connecting the scan and tune tool to any electronic control module indicates your agreement to be bound by the Terms and Conditions.2.2 These Terms and Conditions may be amended from time to time. Amendments will be published on RIOT Inc’s website (www.alwaysriot.com) and will be effective immediately upon publication. Your continued use or failure to remove the scan tool and/or the scan tool files indicates your acceptance of the Terms and Conditions as amended, irrespective of whether you are aware of any such amendments. You are responsible for ensuring that you have read and understood the most current Terms and Conditions, and your continued use of RIOT Inc files indicates your agreement to be bound by the Terms and Conditions as amended and/or updated.3 WARNINGS AND ACCEPTANCE OF RISK
3.1 Your use of Riot Inc Scan Tools and services are at your sole risk and responsibility. To the extent permitted by law, we expressly disclaim all conditions or warranties, which would otherwise be implied into these terms and conditions, including, but not limited to, any warranties of merchantability and fitness for a particular purpose.3.2 We do not accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer and/or cause in connection with your use of RIOT Inc scan tool, nor do we accept any responsibility for any loss arising out of your use or inability to use RIOT Inc, howsoever caused.3.3 We do not accept responsibility for any loss or damage however caused (including through negligence), which you may directly or indirectly suffer and/or cause in connection with your use of the information obtained from RIOT Inc.3.4 Do not attempt to operate while driving a vehicle. Operation of any vehicle while using the Tool is not recommended nor encouraged. It is extremely dangerous and may violate local, state or federal laws.3.5 Do not use the Control Panel to set your vehicle's operating conditions outside of normal operating limits. Serious and permanent damage may occur to yourself and/or your vehicle and/or third parties if you set the operating conditions outside of normal operating limits. If you do not know the normal operating limits of your vehicle, do not use the Control Panel.3.6 Do not allow your vehicle to be driven on public roads while the Control Panel is overriding your vehicle's normal operation. Most of the features of the control panel are designed for use while your vehicle's engine is off or idling.3.7 If dynamic or moving data is required while the Control Panel is active, we recommend using a professionally operated dynamometer.3.8 The features of the Control Panel are provided "as is". We, to the best of our ability, have verified the operation of the Control Panel but do not and cannot guarantee or give any undertakings whatsoever that those features will perform as advertised or as expected.3.9 Although you may use this tool to activate many controls, switches and modes simultaneously, it is recommended that you keep the number of overrides to a reasonable minimum. Usually no more than 5 overrides should be active at any one time.3.10 The Scan and Tune Tool and Consultations are provided "as is". We, to the best of our ability, have verified the operation of the Tool but do not and cannot guarantee or give any undertakings whatsoever that it will perform as advertised or as expected.3.11 In some countries, states or territories, use of the Scan and Tune Tools may be restricted to off-road vehicles only. Please check your local, state and federal laws to determine if you are within your legal rights to modify your vehicle's electronic control module(s).3.12 Do not use the Scan and Tune Tool to modify your vehicle's calibrations outside of normal operating limits. Serious and permanent damage may occur to yourself and/or your vehicle and/or third parties if you set the operating conditions outside of normal operating limits. If you do not know the normal operating limits of your vehicle, do not use the Scan and Tune Tool.4 LIABILITY AND INDEMNITY:
You agree that:4.1 We will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered and/or caused by you, or incurred by you, or which may arise directly, or indirectly as a result of your use of, or inability to use RIOT Inc and/or the information obtained from RIOT Inc.4.2 You release and indemnify us against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.4.3 These Terms and Conditions shall be interpreted under the laws of Tennessee and the Courts of the United States of America shall have exclusive jurisdiction in respect of any disputes arising under these Terms and Conditions by making your purchase of support.6 YOUR LIABILITY FOR LOSS AND/OR DAMAGE:
You accept and acknowledge that if you breach (or allow any other party to breach) either these Terms and Conditions, loss and/or damage may result to RIOT Inc and/or any of its affiliates, agents, distributors, resellers or associates. You agree that you will be liable (without limitation) for any and all such loss and/or damage (including but not limited to loss of opportunity and consequential losses), which results in any way from your breach of these Terms and Conditions. You accept and will consent to (amongst other things) any equitable, injunctive or like relief which Riot Inc, in its sole and absolute discretion, deems necessary or desirable to limit or minimize damage to its business or the business of any of its affiliates, agents, distributors, resellers or associates. You also agree to immediately provide any and all assistance requested by RIOT Inc which it, in its sole and absolute discretion, deems necessary or desirable to limit or minimize damage to its business or the business of any of its affiliates, agents, distributors, resellers or associates.(This was last updated June 25, 2020.)