Terms of service

Terms of Service

This website is operated by Pit Bike USA. Throughout the site, the terms "we", "us" and "our" refer to Pit Bike USA. Pit Bike USA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws. You must not transmit any worms, viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, excluding credit card information, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

Section 3 - Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Section 4 - Off-Road Use, Safety and Assumption of Risk

Our pit bikes, dirt bikes, parts and related products are designed and sold strictly for off-road, recreational and closed-course use only. They are not designed, equipped or intended for use on public roads, streets, highways or other public ways, and they are not street legal unless explicitly stated and lawfully registered for such use in your jurisdiction. It is your responsibility to know and comply with all local, state and federal laws regarding the ownership, operation and use of off-road vehicles.

Riding any pit bike or motorized vehicle involves inherent risks, including the risk of serious injury or death. By purchasing from us, you acknowledge and assume all such risks. You agree to operate any product responsibly, to wear appropriate protective gear including a properly fitted helmet at all times, and to ensure that any rider, especially a minor, is adequately supervised and properly trained for the size and power of the vehicle. Pit Bike USA is not responsible for any injury, damage or loss resulting from the use, misuse, improper assembly, modification or maintenance of any product purchased through this site.

Section 5 - Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 6 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations.

Section 7 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information so that we can complete your transactions and contact you as needed.

Section 8 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Section 9 - Third-Party Links

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. Please review carefully the third party's policies and practices before you engage in any transaction.

Section 10 - User Comments, Feedback and Other Submissions

If you send us creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute and use any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. You agree that your comments will not violate any right of any third party, and will not contain any unlawful, abusive or otherwise objectionable material.

Section 11 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 12 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

Section 13 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any regulations, rules or laws, to infringe upon our intellectual property rights or those of others, to harass, abuse, defame or discriminate, to submit false or misleading information, to upload viruses or malicious code, to collect or track the personal information of others, to spam or phish, or to interfere with the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

Section 14 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are, except as expressly stated by us, provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall Pit Bike USA, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from your use of any of the products or the Service. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 15 - Indemnification

You agree to indemnify, defend and hold harmless Pit Bike USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 16 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Section 18 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of