Buildjournal Terms of Service

Last modified: February 28, 2023

Thank you for using our products and services (“Services”). The products and Services are provided by Buildjournal LLC (“Buildjournal”), located at 2035 Sunset Lake Rd, Suite B-2, Newark, Delaware 19702, United States.

By using our Services, you agree to these terms. Please read them carefully.

1. Terms

By accessing the website at https://thebuildjournal.com, you agree to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained on this website are protected by applicable copyright and trademark laws.

2. Use License

1. Permission is granted to temporarily download one copy of the materials, information, or software on Buildjournal’s website for personal, non-commercial, temporary viewing only. This is the grant of a license, not a transfer of title. Under this license, you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose or for any public display, whether commercial or non-commercial;
   3. attempt to decompile or reverse engineer any software contained on Buildjournal’s website;
   4. remove any copyright or other proprietary notices from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Buildjournal at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed

3. Disclaimer

1. The information on the Buildjournal website is provided "as is". Buildjournal makes no warranties, express or implied, and hereby represents and disclaims all other warranties, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights or other torts.
2. Buildjournal makes no warranty or representation regarding the accuracy, possible results, or reliability of the information on its website (or in connection with such information or any website linked to this website).
3. Furthermore, in no event shall Buildjournal or its suppliers be liable for any damages arising from the use of or inability to use products on the Buildjournal website (including all products on the Buildjournal website).
   
   
   1. All ECU tuning or flashing by Buildjournal is for off-road/track use only. None of our products may be used at any time in emission-controlled vehicles for any purpose other than off-road/track performance, and may not be used on public roads.
   2. Improving engine performance by altering the engine's ECU software can lead to excessive engine wear and tear, potentially causing vehicle damage or even destruction. Users assume these risks. Buildjournal is responsible for any such vehicle damage.
   3. All Buildjournal products have not been tested or approved by any federal or local regulatory agency and are not authorized or recommended for street use. It is entirely the user's responsibility to understand any legal requirements or restrictions regarding the use of this product.
   4. All Buildjournal ECU tuning or flashing is for racing/closed-track racing only. Users are responsible for complying with all traffic and sanctioned laws in their place of residence. Please tune and drive responsibly.
   5. For E-Flash tuning and any other flashing procedures, the user is responsible for successfully flashing or modifying the vehicle's contents and for ensuring the vehicle is in good working order during the flashing process. Buildjournal is not responsible for any damage to your ECU/DME and provides no warranty.
   6. The tuning file you receive must be installed and match the ECU/DME version from which the bin file you uploaded and sent to us originated; otherwise, your tuning will not work. Installing the tuner on an incorrect ECU/DME version will damage your ECU/DME. This includes installation on ECU/DMEs with dealer flash memory.
   7. It may take up to 5 business days from when we receive your bin file and screenshots to when the tuning is completed.
4. The information provided on the website "thebuildjournal.com" is provided "as is" without error and without any express or implied warranties, including warranties of merchantability and fitness for a particular purpose, or warranties arising from or relating to transactions, use, or trade practices. The website "thebuildjournal.com" or its owners/creators make no, and will not make any, express or implied, warranty as to the accuracy of the information on the website "thebuildjournal.com" or its use. Users assume this risk.
5. Under no circumstances shall the website "thebuildjournal.com" or its owners/creators be liable to any individual or business entity for any direct, indirect, special, incidental, consequential or other damages arising from the use of this website or any information contained therein, including but not limited to any loss of profits, business interruption or loss of procedures or information.
6. Unless otherwise stated, music, software downloads, and merchandise purchased from Buildjournal are digital goods and are non-refundable and non-returnable after purchase. Due to the nature of software, refunds are not possible. All products and materials on the Buildjournal website are offered and sold "as is" and are final. Buildjournal tunes are subject to complete reversal at the customer's discretion. Refunds (in whole or in part) will be at Buildjournal's sole discretion.

4. Limit

Under no circumstances shall Buildjournal or its suppliers be liable for any damages (including, but not limited to, damages for loss of data or profits or business interruption) arising out of or inability to use materials on the Buildjournal website, even if Buildjournal or its authorized representatives have been advised orally or in writing of the possibility of such damages. Because some jurisdictions do not allow limitation of implied warranty or limitation of liability for indirect or incidental damages, these limitations may not apply to you. For physical goods, they are transported according to the terms of the shipping contract, and the risk of loss transfers to the buyer when the seller hands over the goods to a public carrier.

5. Data accuracy

The information appearing on the Buildjournal website may contain technical, typographical, or photographic errors. Buildjournal does not guarantee that any information on its website is accurate, complete, or up-to-date. Buildjournal may change the information contained on its website at any time without notice. However, Buildjournal does not undertake to update the information.

6. Link

1. Buildjournal does not review all websites linked to it and is not responsible for the content of any such linked websites. The inclusion of any link does not imply Buildjournal's endorsement of that website. Use of any such linked website is at the user's own risk.
2. Some links in the website's articles are affiliate links, meaning that if you click on them and make a purchase, we will receive a commission, but you will not pay any additional fees.

7. Revise

Buildjournal may modify its website's terms of service at any time without notice. By using this website, you agree to be bound by the then-current version of the terms of service.

8. Applicable Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of the state or district courts.

9. Store Policy

Returns

Our policy lasts 30 days. If more than 30 days have passed since your purchase, we regret that we cannot offer a refund or exchange. To be eligible for a return, your item must be unused and in the same condition as when you received it. It must also be in its original packaging. Several types of items are not eligible for return, including downloadable software products such as B-Spec Tune for the BMW E46 M3, B-Spec Tune retuning services, and E46 M3 SMG transmission tuning.

Other non-returnable items:

* Gift cards

* Certain health and personal care products

To complete your return, we need a receipt or proof of purchase. Please do not return your purchased product to the manufacturer.

In some cases, only partial refunds are allowed: (where applicable)

* Any item not in its original condition, damaged or missing parts due to reasons not attributable to us.

* Any items returned more than 30 days after delivery

Refund (if applicable)

Once we receive and inspect your return, we will email you to notify you that we have received your returned item. We will also notify you whether the refund has been approved or rejected.

If your refund is approved, it will be processed and the amount will be automatically credited to your credit card or original payment method within a certain number of days.

Delayed or Missing Refund (if applicable)

If you have not yet received your refund, please check your bank account again. Then contact your credit card company, as it may take some time for your refund to be officially credited. Next, contact your bank. There is usually some processing time before a refund is issued. If you have completed all of the above steps and still have not received your refund, please contact us at [email protected].

Sale Items (if applicable)

Only items at their regular price are eligible for refunds; unfortunately, sale items are not refundable.

Exchange (if applicable)

We only replace defective or damaged items. If you need to exchange it for the same item, please email [email protected] and ship the item to: PO Box 29022 Anaheim, CA 92809, United States.

Gifts

If the item was marked as a gift at the time of purchase and sent directly to you, you will receive gift credits equal to the return value. We will mail you a gift certificate once we receive the returned item. If the item was not marked as a gift at the time of purchase, or if the giver sent the order to themselves to give to you later, we will refund the giver, and they will be aware of your return.

Shipping

To return your product, you should ship it to: PO Box 29022 Anaheim, CA 92809, United States. You will be responsible for paying the shipping costs for the returned item. Shipping costs are non-refundable. If you receive a refund, the return shipping costs will be deducted from your refund. The time it takes for the exchanged product to reach you may vary depending on your location. You should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item.

For most orders valued at $100.00 or more, your order may qualify for free ground shipping to the continental United States (48 states). This offer does not apply to oversized products and direct/direct shipping products unless otherwise stated.

Greyhound Shipping

We currently offer Greyhound Standard Service only for Front Race Splitter. All cargo is transported via our vans and shares cargo space with passenger baggage. Depending on capacity, a room may be a commodity. Standard Service cargo may be delayed to allow passenger baggage and Priority Service cargo to pass through unimpeded. Standard Service cargo does not always depart on the next bus, does not always follow the same schedule, and is not always transported together if there are multiple pieces of cargo.

Please see the following guide to regular shipping times by mileage. All shipping times listed are for weekdays (Monday through Friday). Due to capacity and size limitations, cargo exceeding 48 inches in length or consisting of more than 5 pieces may require an additional 13 days of shipping time.

These guidelines do not constitute any guarantee.

The above policy is subject to change without notice.