Terms and Conditions

BURGER MOTORSPORTS TERMS AND CONDITIONS
Last Updated: September 28, 2026

Performance Parts for Use Only in Competition Racing Vehicles

Competition use only parts are clearly labeled as competition use only in the product listing page and may only be used according to the guidelines posted on our Emissions Notice page.


Shipping

Burger Motorsports ships via United States Postal Service (USPS), United Parcel Service (UPS), or FedEx. It is the customer's responsibility to ensure that the correct ship-to address is selected upon checkout, and to ensure that address can be serviced by our shipping provider. Packages returned to Burger Motorsports due to incorrect addressing or refusal may result in additional shipping charges. We offer domestic express shipping service as a convenience for an additional fee at checkout but delivery time is not guaranteed and no shipping refund will be issued if the package does not arrive on time. Burger Motorsports does not participate in any guaranteed delivery program. Burger Motorsports does not provide shipping insurance and is not responsible for lost, damaged, or stolen shipments. Any import duties, taxes, and/or brokerage fees are not included in the product price or shipping cost and are the buyer’s responsibility. 

Returns & Refunds

To assist in your evaluation of our BMS tuning products we offer a 30 day satisfaction guarantee. If not satisfied you may return your product in its original packaging in like new condition within 30 days of the original shipment date for refund. A 20% restocking fee applies to all returns and purchaser is responsible for all shipping charges. Returns are timely by postmark. This policy applies only to BMS tuning products purchased directly from our retail website. Product must be returned to qualify for refund. Spark plugs that have been installed/gapped or wheel spacers, lug bolts, lug nuts, and wheel studs that have been mounted do not qualify for return.

Burger Motorsports, Inc.
RMA # (insert RMA your number here)
2279 Agate Ct
Simi Valley, California 93065 USA

Order Cancellations

We are unable to guarantee cancellation once an order has been placed. However, if the order has not been fulfilled by warehouse and placed within the last hour, you can email sales@burgertuning.com and shipping@burgertuning.com and place a request. Use the heading CANCEL with the order number in the subject.

Once the order has been fulfilled and shipped, please refer to our Return Policy to initiate a return upon receipt.

Burger Motorsports reserves the right to cancel any order prior to fulfillment for reasons including, but not limited to:
• Unavailability of stock or item discontinuation.
• Suspected fraudulent activity or unauthorized transactions.
• Errors in product pricing or descriptions.

If we cancel your order, you will receive prompt notification via email and a 100% refund to your original payment method.  

Terms and Conditions of Sale

The term "Seller" refers to Burger Motorsports, Inc. The term "Purchaser" refers to the purchaser of any product manufactured by, purchased from, or installed by Seller (a "Product").

1. The acceptance of Purchaser's order and the sale contract between Seller and Purchaser resulting there from are expressly conditioned upon these Terms and Conditions of Sale (the "Terms and Conditions"). In the event of any conflict between these Terms and Conditions and Purchaser's purchase order, or any other document or any other communication from Purchaser, these Terms and Conditions prevail.

2. All prices are F.O.B. Seller's facility. Method and route of shipment are at Seller's discretion. Delivery of a Product to a carrier of Seller's choice constitutes delivery to Purchaser ("Delivery") and, regardless of freight payment, risk of loss while in transit shall pass to Purchaser at such time. Purchaser shall make claims for loss or damage to Products while in transit only against the freight carrier of such Products.

3. Seller shall not be liable for failure to perform any of its obligations hereunder resulting directly or indirectly from or contributed to any acts of God, acts of Purchaser, acts of civil or military authority, terrorist threats, fire, strikes or other labor disputes, accidents, floods, epidemics, war, riot, delays in transportation, lack or inability to obtain raw materials, components, labor or fuel supplies, or other circumstances beyond the Seller's reasonable control, whether similar or dissimilar to the foregoing.

4. Prices quoted are exclusive of any and all federal, state and local taxes of any nature whatsoever, and if, in connection with this transaction, the Seller is subjected to any such tax by any taxing authority whatsoever, the same will be added to the purchase price to be paid by Purchaser.

5. Seller warrants that BMS Performance Tuners (JB+, Stage1, JB4) will be free from manufacturing defects for five years after delivery, and all other BMS labeled products will be free from manufacturing defects for one year after delivery. Purchaser's exclusive Remedy for any breach of the forgoing warranty is, at Seller's sole discretion, either: (i) repair or replacement of the non-conforming Product with a conforming Product or (ii) a refund or store credit in the amount paid by Purchaser for such non-conforming Product. Warranty applies to the original purchaser only and is non-transferable. Normal wear and tear, misuse, and abuse is excluded, including any failure to use the product as specified in these terms. Proof of purchase from BMS or an authorized reseller required. Purchaser is responsible for all shipping charges.

SELLER HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ANY WARRANTY OF PATENT OWNERSHIP OR OF NON-INFRINGEMENT OF ANY PROPRIETARY RIGHT. IN NO EVENT SHALL THE SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, AND IN NO EVENT SHALL SELLER'S CUMULATIVE LIABILITY TO PURCHASER FOR DAMAGES RESULTING FROM OR RELATED TO ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, SETOFFS, LIENS, ATTACHMENTS, DEBTS, EXPENSES, JUDGMENTS OR OTHER LIABILITIES OF WHATSOEVER KIND OR NATURE, INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS (COLLECTIVELY "CLAIMS") , REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY PAID BY PURCHASER TO SELLER FOR A PRODUCT.

SELLER SHALL NOT BE LIABLE FOR AND PURCHASER AGREES TO INDEMNIFY AND TO HOLD SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENT COMPANY, SUCCESSORS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ARISING OUT OF OR RELATED TO (a) PURCHASER'S USE OF PRODUCTS (b) ANY ACT OR OMISSION OF PURCHASER (c) PURCHASER'S WILLFUL MISCONDUCT OR (d) PURCHASER'S FAILURE TO COMPLY WITH ANY LAW, RULE OR REGULATION.

WITHOUT LIMITATION TO THE FORGOING: (I) PURCHASER EXPRESSLY ACKNOWLEDGES THAT USE OF THE PRODUCT MAY VOID ANY OR ALL WARRANTIES APPLICABLE TO ANY VEHICLE IN WHICH A PRODUCT IS INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY VOIDED WARRANTIES RELATED TO OUR ARISING OUT OF USE OF A PRODUCT; (II) PURCHASER EXPRESSLY ACKNOWLEDGES THAT PRODUCTS MAY CAUSE DAMAGE TO ANY VEHICLE IN WHICH SUCH PRODUCTS ARE INSTALLED AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF ANY DAMAGE TO A VEHICLE ALLEGEDLY CAUSED BY A PRODUCT; AND, (III) PURCHASER EXPRESSLY ACKNOWLEDGES AND HEREBY AGREES THAT PURCHASER IS FAMILIAR WITH AND AGREES TO COMPLY WITH ANY LAWS, RULES OR REGULATIONS RELATED TO PRODUCTS ("APPLICABLE LAWS") AND PURCHASER AGREES TO RELEASE, INDEMNIFY AND TO HOLD SELLER HARMLESS FROM ANY CLAIMS RELATED TO OR ARISING OUT OF ANY ALLEGATION THAT PURCHASER FAILED TO COMPLY WITH APPLICABLE LAWS.

6. No waiver alteration or modification of any of the provisions hereof shall be binding on the Seller unless agreed to by Seller, in writing.

7. Failure or delay on the part of either party to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by either party of any provision shall be deemed to have been made unless made in writing.

8. Without regard to principles of conflicts of laws, this agreement shall be governed by and construed in accordance with the laws of the state of California, United States of America. ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY RELATED DOCUMENT MAY BE BROUGHT ONLY IN THE COURTS OF THE STATE OF CALIFORNIA, IN LOS ANGELES COUNTY OR OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA. BOTH PARTIES WAIVE ANY RIGHT TO ANY OTHER VENUE.

9. The terms and conditions of sale set forth herein contain the total sale contract between the parties and all proposals, negotiations, representations, recommendations, statements or agreements made or entered into prior to or contemporaneously with this sale contract, except as specifically agreed to in writing by the Seller, whether oral or in writing, are excluded.

10. If any provision hereof is held to be illegal, invalid or unenforceable under any present or future law, ordinance or regulation, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. All remaining provisions shall remain in full force and effect.

Terms of use for www.burgertuning.com, www.jb4tech.com, and related sites

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. By using this site you agree to be bound by these terms of use. You agree to periodically check these terms, as they may be revised from time to time. Your continued use of this site signifies your acceptance of any changed terms. Do not use this site if you do not agree to these terms.

Except as may be expressly provided on this site to the contrary, all materials or other information found on this site or found on any other World Wide Web site owned, operated, licensed or controlled by Burger Motorsports, Inc. ("BMS") may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without BMS's prior written consent.

BMS reserves the right, without prior notice and without incurring any obligations, to discontinue or change the services offered on this site.

COPYRIGHT AND TRADEMARK

All copyrights, trade dress, trademarks or other intellectual properties provided on this site are owned by BMS or by other parties who have licensed their materials to us. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold BMS harmless from any claim related to the unauthorized use of any information on this site. You acknowledge that the unauthorized use of the content of this site could cause irreparable harm to BMS and therefore in the event of such an unauthorized use BMS will be entitled to an injunction in addition to any other remedy available at law or in equity. All rights not expressly granted hereunder are reserved.

SUBMISSIONS AND USE OF THIS SITE

You are solely responsible for the content of any submissions that you may make, and you agree not to submit information that is unlawful, defamatory, abusive or obscene. You further agree not to submit anything that may violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

BMS does not desire to receive confidential or proprietary information from you through this site. You agree not to submit any information that you may consider proprietary or confidential. You agree that any materials, ideas or other information submitted to this site are provided to BMS with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use such materials, ideas or other information throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the submission is labeled or otherwise marked as confidential or proprietary.

LINKS

BMS makes no representations whatsoever about any other Web site that you may access through this site. The appearance of a link on this site does not imply or otherwise suggest that BMS is affiliated with, associated with supports or otherwise endorses such a site. BMS has no ability to control the content of any other site and therefore BMS is not responsible for the content found on any linked site. You access linked sites at your own risk.

CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms at any time. If we make material modifications to these Terms, we will notify you by posting a prominent notice on the Site or by communicating the changes via email. The "Last Updated" date at the top of this page indicates when these Terms were last revised. Your continued access to or use of the Site after any changes are posted constitutes your acceptance of the updated Terms. Any changes will apply prospectively from the date of publication and will not apply to any dispute or claim that arose prior to the "Last Updated" date.

JURISDICTION

Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this site shall be resolved in accordance with the laws of the state of California. You consent to the exclusive jurisdiction of the federal and state courts of the State of California with respect to any claim, action, suit or other proceeding arising out of or relating to your use of this site. The prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site, tracking technologies, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

DISCLAIMER

ALL INFORMATION IS PROVIDED BY BMS ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

IN NO EVENT WILL BMS BE LIABLE TO ANY PARTY FOR ANY CLAIMS OR DAMAGES, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BMS IS NEGLIGENT OR IF BMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BMS'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.

BMS does not guarantee the uninterrupted or error-free use of this site or that its server will be free of viruses or other harmful components or defects. Any use of information on this site is at your own risk.

PRIVACY POLICY

Your privacy is important to us. Burger Motorsports, Inc. ("BMS") respects your privacy and will take reasonable care to protect any information that we may receive from you. We believe you have the right to browse our site anonymously.

1. INFORMATION COLLECTION, TRACKING TECHNOLOGIES, AND THIRD-PARTY DISCLOSURES

A. Scope and Express Consent to Tracking Technologies

When you access, browse, or interact with our website (the "Site"), Burger Motorsports, Inc. ("BMS," "we," "us," or "our"), along with our authorized third-party service providers, vendors, and advertising partners, automatically collect, route, transmit, and record certain information from your device and browser.

By clicking "Accept" on our cookie banner, you explicitly consent to our deployment and use of automated tracking technologies, including tracking pixels, web beacons, software development kits (SDKs), session replay tools, telemetry software, and cookie identifiers. You expressly acknowledge and authorize the transmission, interception, and receipt of real-time network telemetry and usage data by third-party analytics, marketing automation, and advertising platforms, including but not limited to Klaviyo, Google Ads/DoubleClick, YouTube, and Meta (Facebook).

B. Types of Data Collected

Data collected through these tracking mechanisms includes dialing, routing, addressing, and signaling ("DRAS") information, IP addresses, browser types, domain names, referring and exit page URLs, pages viewed, click patterns, session duration, device identifiers, and associated cookie data.

C. Purpose of Processing and Cross-Context Behavioral Advertising

We and our third-party partners use this information to operate and optimize the Site, evaluate traffic, measure advertising performance, prevent fraud, perform customer communications, and deliver targeted advertising based on your activity across distinct third-party websites or online services ("cross-context behavioral advertising"). You acknowledge that these transmissions are an integral part of providing access to the Site and its features.

D. Cookie Management and Opt-Out Rights

You can configure your web browser to block or alert you about cookies and tracking technologies. However, if you disable cookies or opt out of tracking, certain features or areas of the Site may not function properly. California residents and other eligible consumers may exercise opt-out rights regarding the "sale" or "sharing" of personal information for targeted advertising as detailed in our Privacy Policy or via our Cookie Preference Center.

2. MANDATORY BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

A. Scope of Dispute Resolution

You and BMS agree that any dispute, claim, or controversy arising out of or relating in any way to your access to or use of the Site, these Terms, our Privacy Policy, or any data collection, tracking, wiretapping, privacy, or statutory claim—including but not limited to claims under the California Invasion of Privacy Act (CIPA), the Electronic Communications Privacy Act (ECPA), the California Comprehensive Computer Data Access and Fraud Act (CDAFA), or common law claims (such as intrusion upon seclusion or unjust enrichment)—shall be resolved exclusively through final and binding individual arbitration, rather than in court.

B. Waiver of Class Actions and Jury Trial

YOU AND BMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding. YOU AND BMS EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

C. Arbitral Forum and Rules

Arbitration shall be administered by the American Arbitration Association ("AAA") or JAMS under its applicable consumer arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

D. Covered Parties

The terms of this Dispute Resolution and Arbitration section extend to and protect Burger Motorsports, Inc., its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, vendors, and third-party tracking or service providers (including third-party advertising platforms) against any derivative or direct claims arising out of your site usage.

E. Mass Arbitration Protocol

If 25 or more similar demands for arbitration are filed against BMS by or with the assistance of the same law firm or coordinated group of law firms, the arbitration provider shall batch the demands into groups of 50 (or the remaining amount if less than 50). The arbitration provider shall arbitrate each batch sequentially and administer one set of filing and administrative fees per batch. You agree to cooperate in good faith to implement this batching approach. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this batching process until they are selected for a batch and proceed to arbitration.

F. 30-Day Right to Opt-Out

You have the right to opt out of the provisions of this Mandatory Binding Individual Arbitration and Class Action Waiver agreement by sending written notice of your decision to opt out to terry@burgertuning.com within thirty (30) days of your first use of the Site. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply to you.

3. DATA SECURITY & INCIDENT NOTIFICATION

BMS maintains reasonable physical, technical, and administrative safeguards designed to protect personal information under our control. However, no transmission over the Internet or electronic storage system can be guaranteed to be 100% secure. Consequently, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security, and you transmit information to us at your own risk.

In the event that BMS learns of a security breach affecting your personal information, we may notify you electronically via email or by posting a notice on the Site so that you can take appropriate protective steps. By using the Site or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Site. Where required by law, you may request a free written notice of a security breach by contacting us at terry@burgertuning.com.

4. CHOICE, CONTROL, AND COMMUNICATIONS

If you provide personal or commercial contact information to us, we may send you administrative notices, marketing offers, and service updates. You may opt out of receiving promotional emails at any time by following the "unsubscribe" instructions contained within those communications or by contacting us directly.

California residents and users in applicable jurisdictions have specific statutory rights regarding access, deletion, and correction of their personal profiles and personal data, as further detailed in our Privacy Policy.

CONTACT

For more information on our privacy policy, please contact us.