Effective Date: [15th October 2023]
Welcome to Xtreme Dirt Bike! These Terms of Service (“Terms”) govern your use of the website located at https://xtremedirtbike.com/ (the “Site”) and the purchase of any products or services from Xtreme Dirt Bike (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.
1. Use of the Site
1.1 Eligibility
You must be at least 18 years old to use the Site and purchase products from us. By using the Site, you represent and warrant that you are at least 18 years old.
1.2 Account Registration
To purchase products from the Site, you may need to create an account. You agree to provide accurate and complete information when creating your account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3 Prohibited Uses
You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. You also agree not to use the Site to distribute malware, spam, or other harmful content.
2. Products and Orders
2.1 Product Descriptions
We strive to provide accurate descriptions of the products offered on the Site. However, we do not warrant that the product descriptions, images, or other content on the Site are accurate, complete, reliable, current, or error-free.
2.2 Pricing and Availability
Prices and availability of products are subject to change without notice. We reserve the right to limit the quantity of any products we offer. We also reserve the right to discontinue any product at any time.
2.3 Order Acceptance
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order at any time after receipt of your order. If we cancel your order after you have been billed, we will refund the billed amount.
2.4 Payment
You agree to pay all charges associated with your order, including taxes, shipping, and handling fees. We accept payment methods as indicated on the Site. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate.
3. Shipping and Delivery
3.1 Shipping Policy
We ship products within the United States. Shipping and handling fees are additional unless otherwise expressly indicated at the time of sale. We strive to ship orders promptly, but we do not guarantee delivery dates.
3.2 Risk of Loss
All purchases from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4. Returns and Refunds
4.1 Return Policy
We accept returns of new, unused items within 30 days of delivery for a full refund. Items must be returned in their original packaging with all accessories and documentation. To initiate a return, please contact our customer service.
4.2 Refunds
Refunds will be issued to the original payment method within a reasonable time after we receive and process your return. Shipping and handling fees are non-refundable unless the return is due to our error.
5. Intellectual Property
5.1 Ownership
The Site and its content, including but not limited to text, graphics, logos, images, and software, are the property of Xtreme Dirt Bike or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2 Limited License
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial use. This license does not include any resale or commercial use of the Site or its content.
6. Limitation of Liability
To the fullest extent permitted by law, Xtreme Dirt Bike shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Site; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Site; (d) any bugs, viruses, trojans, or the like that may be transmitted to or through our Site by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
7. Indemnification
You agree to indemnify, defend, and hold harmless Xtreme Dirt Bike, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms or any applicable law or regulation.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in [Your State] for the resolution of any disputes.
9. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
10. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Xtreme Dirt Bike
Email: support@xtremedirtbike.com
Phone: [+1 (650) 257-0964]
Address: [55 College Ave, Santa Rosa, CA 95407]
By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.