Terms of service
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PLEASE READ BEFORE ORDERING |
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ASSEMBLY REQUIRED: I understand I am Skipping the Dealer
Items are shipped in a crate 90-95% assembled
DELIVERY: Your item will be shipped Truck Freight, in the factory crate. The Freight Company will call to schedule a delivery appointment. If you delay delivery, there will be a $50 per day charge for storage. If you miss or refuse delivery, the vehicle will be shipped back, and you will be charged $500-950 for return shipping. ASSEMBLY: Customer agrees to have a qualified mechanic perform final assembly of the item. This is required even if you order the 98% assembly option.
WARRANTY: The Manufacturer warrants that the Vehicle will be delivered in good condition with no defective, damaged or missing parts, minor scratches excluded.
RETURNS: Shipments can be returned to the manufacturer within thirty (30) days of delivery. Customer is responsible for returning the shipment to the manufacturer at customer’s expense. No refund will be issued unless item is returned. To be eligible for a refund, your shipment must be in the original, un-opened packaging, in new, un-assembled, un-used, re-sellable condition, with no fuel added. You’ll also need the receipt or proof of purchase. Contact a freight company to make arrangements for shipping, you will pay them directly. Your shipment will be inspected, and a report will be issued. A refund may be issued less all actual shipping charges and a 20% -35% restocking charge. Additional deductions may apply. If the item is opened, assembled, partially assembled or non-resellable, no refund will be issued. PURCHASOR RESPONSIBILITY: Please remember that by purchasing a product online, you are responsible for performing the setup that a store or local dealer would normally perform - such as installing/checking the wheels, seats, roll bars, hooking up the fuel line, battery and lights, checking tightness of all nuts and bolts, changing oil, etc. Although we do provide some very good information on our website, occasionally some units may need other routine items checked/adjusted such as cleaning and adjusting the carburetor and fuel tank, checking to ensure wires are well connected, adjusting chain slack and alignment, if needed. Since you are skipping a dealer and saving over half the price of a usual retail customer, you will need to perform the final assembly (as stated above). This will take generally 2-6 hours or more to perform depending on your product and skill level. While we will gladly assist you with any technical questions, support we can give over the telephone is limited. We STRONGLY RECOMMEND that a Qualified Mechanic perform the setup of your product. we cannot refund or exchange your unit if you cannot perform these functions or refuse to let a shop do it for you. By placing an order with Gokarts USA® you agree to these terms MECHANIC: Customer agrees to have a qualified mechanic perform assembly of the item. If you are a new enthusiast, welcome to the exciting world of Powersports. You should know that powersport products require substantial mechanical support to uncrate, setup, adjust, maintain, repair and upgrade. This support is required on an ongoing basis. These activities apply to a used product as well as an item brand new out of the box. We strongly recommend that a qualified mechanic perform the setup and all other mechanical operations to keep your product operating properly and safely. Gokarts USA® does not provide mechanical services and labor is not covered under manufacturer's warranty under any circumstances. Additionally, manufacturers may require proof that a product was setup by a qualified mechanic in order to provide warranty coverage. CHANGES TO PRODUCTS: From time to time, manufacturers or suppliers either raise prices or upgrade the products, and these changes may not be shown on the website immediately. This is why the products may differ slightly from what is shown. However, all changes are usually to improve or update the product and does not lower the quality of the merchandise. Color choices are requests only, subject to availability and cannot be guaranteed. LIABILITY: Parts and products ordered from this website should be installed/setup by a qualified mechanic. Consult the manufacturer of the part or product for its proper use and operation. Customer assumes all responsibility for setup and maintaining products and/or equipment in safe operating conditions. Products are to be used only in the manner intended and with proper safety equipment. Purchaser herewith acknowledges (a) GoKarts USA® assumes no liability for any misuse of any products sold and (b) Purchaser acknowledges that there is an inherent risk in the operation of Powersports equipment and all products sold on this website and herewith assumes all risk of any injury arising from the operation of any products sold on this website. The customer hereby indemnifies and releases GoKarts USA® and its affiliates from any and all; actions, cost, damages, expenses, liabilities, and attorney fees which could arises from the purchase of one of our products whether or not expenses are caused due to negligence of the distributor, manufacturer, or the seller. The customer hereby agrees to waive any right to exercise any legal actions seeking damages from GoKarts USA® and its affiliates. There is NO WARRANTY OR LIABILITY EXPRESS OR IMPLIED, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This agreement shall become effective immediately after any purchase of any of our products. The customer has read and agrees to all our order terms, if questions occurred the customer contacted customer support for answers.
ORDER DELIVERY: Gokarts USA® CANNOT GUARANTEE EXACT DELIVERY DATE of an order. Small items are shipped via UPS or FedEx and should arrive within 3-7 business days. Some orders may take longer. You will receive an email notification when your order ships. Customer is responsible shipping to a secure location. Customer can order Express shipping to require a signature at delivery time. Items lost or stolen after delivery will not be refunded and no replacement order will be sent. Customer can file a claim with the shipping company. Large items are shipped via Truck Freight and may be delivered within 7-10 business days. Delivery time for some items may be longer. The total time to receive your order can be approximately 1-3 weeks or longer during busy times of the year. Order early if you have a specific date requirement. TRUCK FREIGHT SHIPMENTS: Large items will be shipped to your home, business or the nearest trucking terminal. Tracking numbers are not provided for Truck Freight shipments. The Freight Company will call you to schedule a delivery or pickup. The driver will generally help get your product off of the truck. Be sure to select "lift gate" service on large items if you need it. On heavy merchandise, it's best to have someone available to help unload it and get it into your garage. Some large items cannot be delivered to your home and may require that you pick up the item from the nearest freight terminal. If this is the case, the freight company will place the item on your truck or trailer for you. In some rare areas, there may be an extra charge for home delivery or other services. We will let you know if this applies to your order. WARNING: Gokarts, Dune Buggies, Mini bikes, and Parts are machinery. They must be maintained and treated accordingly and can be dangerous. They have moving mechanical parts. You should not have loose clothing, long hair, hands, or other parts of your body around moving parts. Read all manufacturers safety precautions that come with the vehicles. Serious injury or even DEATH can result from operating these vehicles. Customer hereby assumes all risk associated with the setup, operation, use or maintenance of any products purchased. Customer further agrees to release and hold harmless Gokarts USA® and /or it's employees, owners and affiliates and exempt from any liability for any injury or loss as a result of operating any products purchased. Customer hereby agrees to follow all safety, setup, operation, maintenance and warranty information or procedures, printed or otherwise provided by the manufacturer. If this information is not shipped directly with the product, customer agrees to contact manufacturer to obtain the information. Customer is responsible for obtaining all safety, setup, operation, maintenance and warranty information, if any, directly from the manufacturer. SETUP AND MAINTENANCE: Product assembly and/or setup is not provided by Gokarts USA®. Customer is responsible for all product assembly, setup and maintenance. Customer hereby agrees to have a qualified mechanic perform final assembly, setup and maintenance of your product. Our products are shipped directly to the customer from the manufacturer distribution warehouse. As such, the customer is responsible for all final product assembly and setup, as well as normal maintenance and repair at customer's own expense. Gokarts USA® recommends and customer hereby agrees to have a qualified technician assemble and setup any product purchased on this website. Gokarts USA® will, upon customer's request, ship product to a Service Center of customer's choosing. Failure of customer to have a qualified technician perform setup could void warranty. If a setup or maintenance task is beyond the expertise of the customer, then the customer agrees to seek the services of a competent professional mechanic at his own expense. No labor charges for product setup, maintenance or repair shall be covered under warranty. Incorrect procedures or performance of procedures by persons not qualified can result in product damage and may void any warranty. We cannot refund or exchange your unit if you cannot perform these functions or refuse to let a shop do it for you. BACK ORDERS: If we are out of the item, part or parts that you ordered, we may back order the part. Back orders are noted on your invoice. If an item is on back order for more than 7 to 10 days, we will notify you by e-mail. If the part is not available, we will issue you a full refund on the parts not shipped. In some cases, you may be charged an additional shipping charge for the backorder shipment. WARRANTY: No warranty, express or implied is provided by Gokarts USA®. Some products may carry a warranty from the manufacturer. Any warranty offered by a manufacturer is from that manufacturer and not Gokarts USA®. Gokarts USA® will assist any customer should a warranty issue arise. For products whose manufacturer offers a warranty, that warranty shall cover defective Parts Only and not labor. Warranty does not cover shipping. All warranty procedures that the manufacturer requires must be followed, no exceptions. Any part or accessory that is covered by a warranty MUST be returned to the manufacturer for inspection BEFORE an exchange can be issued. Customer pays for shipping of parts to and from the manufacturer. Contact GoKarts USA® for details and further instructions if you think you have a warranty situation BEFORE you do anything. Any warranty that comes with a vehicle spells out the warranty and time periods. If you have any questions call GoKarts USA® and we will help with the warranty. HELP REQUEST: If you feel you may have a warranty situation, please complete a Help Ticket in the customer service section of our website. Follow the instructions completely and give us a call after you submit your Help Ticket. Please note, no action will be taken on your help ticket until you call us.
RETURN FEES: If you refuse delivery, miss your delivery appointment or return a non-defective, undamaged or incorrectly assembled product, you will be charged for all original and return shipping costs. Items returned as damaged or defective are inspected and tested upon arrival. Items may also incur a 20% restocking fee. Returns accepted as a courtesy for non-returnable items may incur up to a 50% Restocking charge. No item may be returned if unpacked, assembled, had fuel installed or operated. No returns after 90 days of delivery. Return shipping fees range anywhere from $500 to $1,250, depending on the size and weight of the item. Return shipping fees should be paid directly to the freight carrier in advance. If not paid in advance, your return may be refused and/or shipping fees may be deducted from your refund after the item is received at our warehouse. Items cannot be returned once they are opened, unpackaged, assembled, used, had fuel installed, damaged, or altered. The customer is responsible for all shipping, handling, and restock fees on all Go Karts and Minibikes canceled, refused or returned after they are shipped. Although we may provide free shipping on many large items, these items are very costly to ship. CANCELLATIONS: Customer acknowledges and understands that Gokarts USA® has incurred expenses in processing customer's order. If you cancel your order for any reason, there is no cancellation fee if your order has not been processed. Processed orders cancelled by the customer prior to shipping may incur a 6% cancellation fee. A restock charge may apply on some items and special-order items cancelled prior to shipping. Orders cancelled by the customer after an order has shipped will be refunded less all actual outgoing and return shipping charges plus restocking fee. REFUSED SHIPMENTS: Customer will be charged all actual destination and return shipping charges on refused shipments. All refused shipments or returned items are subject to a restock fee. Customer is responsible for all shipping charges, including shipping charges on parts that the customer orders incorrectly and orders canceled after shipping. No returns will be accepted on used, damaged, altered OR SPECIAL ORDERS. Merchandise returned to GoKarts USA® will be returned to you at your expense or discarded & no credit will be issued. SHIPPING DAMAGE: The Packaging is designed to absorb damage and protect the merchandise. Minor damage, scratches missing items can be easily handled. Just complete a Help Request and we will send touch-up paint and/or other items. When you receive your order and there is major damage to the merchandise, please tell the delivering carrier and have them note this on their freight bill. This will protect you if you have to make a claim. ALL DAMAGE CLAIMS MUST BE HANDLED BY YOU DIRECTLY WITH THE DELIVERING CARRIER. They are responsible for shipping damage, not GoKarts USA®. We will assist you with a damage claim. Before signing the shipping receipt at the time of delivery, carefully open the package and inspect items for any major damage or defects. Upon delivery, if you notice any major damage or defects, you must note them on the shipping receipt and refuse delivery before the delivery person leaves. Do not accept delivery unless you intend to keep the product as shipped. Please notify Gokarts USA® immediately. Items returned will be inspected for damage and any refund or credit will be issued, less any Return Fees. Items returned or refused due to minor damage/scratches or non-defective, undamaged items will be charged all shipping and return fees as appropriate. CREDIT CARD CHARGE-BACK POLICY: By purchasing a product from GoKarts USA®, the customer agrees to waive his rights to file a charge-back under any circumstance. The customer will handle all issues with our customer service representatives in accordance with all GoKarts USA® policies. Chargebacks are expensive and very time consuming for both ourselves and our customers. Issues can be resolved in a timely fashion by allowing our advisers to work with you. BREACH OF CONTRACT: These terms and conditions serve as the only and final agreement between Gokarts USA® and the customer. In the event the customer breaches this contract, the customer agrees to pay any and all costs associated with removal of any negative public communication, images, or material that violate the law regarding GoKarts USA®, its employees, affiliates and its associates; including but not limited to any legal and associated costs. WE RESERVE THE RIGHT TO CORRECT CATALOG & WEBSITE ERRORS. Gokarts USA® does our best to make sure that information and photographs posted on our website are accurate. Sometimes manufacturers make changes to a product before we are able to post updated information on our website. When changes to products are brought to our attention, we will make a diligent effort to update our website, however, we cannot be responsible for errors or omissions posted on our website. PRICING POLICY: Prices and specifications in the catalog and on this website are subject to change without notice and supersede previous catalog & website prices and specifications. If there is a small price increase, we will adjust your order accordingly. On major changes, we will contact you before your order is shipped to inform you of the changes.
By ordering from GoKarts USA, you are agreeing to these ordering terms and conditions |
This website is operated by GoKarts USA®. Throughout the site, the terms “we”, “us” and “our” refer to GoKarts USA®. GoKarts 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/or 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/ or 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
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, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
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 or 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 (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) 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, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
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. Historical information, necessarily, 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. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - 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 5 - PRODUCTS OR SERVICES (if applicable)
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, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - 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. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - 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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - 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).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - 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: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - 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.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GoKarts USA®, our directors, officers, employees, affiliates, agents, contractors, interns, 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 (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the 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 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless GoKarts 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 15 - 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 16 - 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; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at alex@gokartsusa.com.
SMS Marketing
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at [LINK to your contacts page or form, or email address] for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.