BEFORE USING THIS WEBSITE PLEASE READ THE ENTIRE AGREEMENT CAREFULLY BECAUSE IT GOVERNS YOUR USE OF THE WEBSITE,. BY USING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
Your Right to Use the Website.
The Website is intended for use by individuals over the age of 13. If you are 13-18 years of age, you must have parental permission to access or use the website or to purchase goods through the Website. The Website is only for your personal use. You may not distribute, exchange, modify, sell or transmit all or any part of this Website, including, but not limited to, any text, images, audio and video, for any business, commercial or public purpose. Subject to your compliance with this Agreement, the Company grants to you a non-exclusive, non-transferable, limited right to enter, display and use this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way.
Disclaimer of Warranties.
ALTHOUGH THE COMPANY BELIEVES THE FACTS AND INFORMATION CONTAINED IN THE PAGES OF THE WEBSITE TO BE CORRECT WHEN MADE AND FROM TIME-TO-TIME MAY UPDATE INFORMATION HEREIN, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS.” TO THE FULLEST EXTEND PERMITTED BY LAW, WITH REGARD TO THE CONTENT ON THE WEBSITE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND: 1) AS TO THE ACCURACY, MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, NON-INFRINGEMENT, VALIDITY OR COMPLETENESS OF ANY FACTS OR INFORMATION PUBLISHED ON OR MADE AVAILABLE THROUGH THE WEBSITE, OR 2) THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE.
WITH RESPECT TO LEATT-BRANDED PRODUCTS, THE COMPANY MAKES NO WARRANTIES EXCEPT THOSE STATED IN THE LIMITED WARRANTY CARDS INCLUDED WITH THE PRODUCTS. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. Motorcycling is an inherently dangerous activity, which may result in personal injury and/or death. The Company’s products are designed to offer protection in the event of hyperflexion (over-bending of the head in a forward direction), hyperextension (over-bending of the head in a rearward direction), lateral hyperflexion (over-bending of the head to one side) and posterior hypertranslation (extreme movement of head and helmet, rearward on the neck). NO PRODUCT CAN OFFER COMPLETE PROTECTION FROM INJURY. THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR INJURIES INCURRED WHILE WEARING ANY OF ITS PRODUCTS. THE COMPANY MAKES NO GUARANTEES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE FITNESS OF ITS PRODUCTS FOR ANY PARTICULAR PURPOSE OR TO THE EXTENT TO WHICH ITS PRODUCTS PROTECT INDIVIDUALS FROM INJURY OR DEATH .
Limitation of Liabilities.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF: 1) THE USE OF OR THE INABILITY TO USE THE WEBSITE, 2) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE WEBSITE, OR 3) THE INTERPRETATION, RELIANCE UPON OR OTHER USE OF THE INFORMATION CONTAINED IN THE PAGES OF THE WEBSITE OR ANY WEBSITE LINKED OR REFERENCED IN THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED $100 OR THE PRICE PAID FOR THE PRODUCT, WHICHEVER IS LESS.
Any hyperlinks to or from the Website from or to another website are provided to the user for convenience only. No endorsement of any products or services is expressed or implied by any information, material or content referred to or included on, or linked from the Website. The Company disclaims any and all warranties, express or implied, as to the accuracy, legality, reliability or validity of the content and/or privacy practices of any other website.
Ownership, Trademarks and Copyright.
All materials on the Website including, but not limited to, audio, images, software, text and video clips (collectively, the “Content”) are protected by copyright under U.S. copyright law, international conventions and other copyright laws. Certain names, graphics, logos, icons, designs, words, titles or phrases on the Website may constitute trade names or trademarks of the Company and its affiliated companies. The display of any trademark does not imply that a license of any kind to use the trademark has been granted. All information found in the pages of this website is protected under the copyright laws of United States and in other countries.
Unless otherwise specified, you do not have permission to copy, redistribute, reproduce or republish, in any form, any information found ion the Website. Any user who, without authorization, re-transmits, copies or modifies any trade marks may violate United States federal or common law trademark and/or copyright law, as well as international conventions and may be subject to legal action.
The confidentiality and security of information provided over the Internet can never be guaranteed. The Company cannot ensure the privacy and authenticity of any information or correspondence shared over the Internet between it and a user, and will not be responsible for any damages or claims incurred by a user who communicates confidential information to the Company through this website.
The only person authorized to make representations about or on behalf of the Company are its board of directors, chief executive officer, president or any person acting with the express authority of the Leatt Corporation board of directors. The Company is not responsible for any representations about Leatt Corporation by any other persons. This restriction covers statements made to the public or news media.
Availability of Products.
The Company continually updates and revises products. The Company may revise and/or discontinue products at any time. Changes in products shipped and products described on the Website and/or direct sales materials are possible. The products described on the Website are only offered in jurisdictions where they may be legally offered for sale, and may not be available for purchase in your particular country or locality. The reference to such products on the Website does not imply or warrant that these products will be available at anytime in your particular location.
Any alteration of our products by a user or reseller voids any and all warranties, if any. Leatt Corporation is not responsible or liable for any claims, causes of action, injuries or liabilities of any kind whatsoever that are the result, in whole or in part, from failing to use our products as instructed in the product information accompanying each product or from altering our products.
Orders/Acceptance by Leatt.
All orders of products placed by you with the Company are non-cancelable and shall be subject to acceptance by the Company. The Company reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by the Company, your order shall not be deemed accepted by the Company until the Company’s shipment of the products ordered. Your submission of your order shall constitute your full acceptance of this Agreement.
Payment Terms; Price Confirmation/Billing Errors.
Unless otherwise indicated, the purchase price of a product will be billed in full at the time of product shipment. The Company will charge credit cards or your PayPal account, as applicable, upon shipment. The Company accepts Mastercard, Visa, American Express and Discover. The Company does not accept cash, COD, purchase orders, money orders or personal checks. Payment terms are subject to change without notice in the Company’s sole discretion.
Coupons and Promotional Codes.
The Company may, from time-to-time, offer coupons and/or promotional codes redeemable at our online store. Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Unique coupon codes must be provided at time of redemption through the Website. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories. Coupon and promotional code programs may be terminated or modified by the Company at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, a limit of one coupon/promotion code per purchase applies.
Our return policy will be communicated on the invoice and/or packing slip that accompanies your order.
Shipping and Handling/Risk of Loss.
Product prices do not include shipping and handling. The Company will use its discretion in selecting a reputable carrier (currently, the United States Postal Service or UPS) and appropriate means of shipment. Risk of loss or damage to products in transit is yours. In the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
Not for Resale.
You certify and agree that you are purchasing product(s) for your own use only, and not for resale. You shall not remove components from product(s) for resale.
Changes to this Agreement or the Website.
The Company may add to, change or remove any part of this Agreement at any time, without notice to you. Any changes to this Agreement apply as soon as they are posted. At any time, without notice and liability to you, the Company may, temporarily or permanently, add, change, discontinue or suspend any other Content posted on the Website including, but not limited to features and specifications of products described or depicted on the Website.
Governing Law/Waiver of Jury Trial.
This Agreement and all purchases and other transaction hereunder shall be construed in accordance with and governed by the law of the Commonwealth of Virginia without regard to any conflicts of law principles thereof that would call for the application of the laws of any other jurisdiction. By accessing this Website, you agree that any suit, action or proceeding of any kind whatsoever seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the purchases or other transactions contemplated hereby shall be brought exclusively in the United States District Court for the Eastern District of Virginia or any Virginia state court for or in Henrico County, Virginia, so long as one of such courts shall have subject matter jurisdiction over such suit, complaint, action or proceeding of any kind whatsoever (collectively, “action”), and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the Commonwealth of Virginia and you hereby irrevocably consent to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such action and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such action may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court and if process cannot be obtained on you after reasonable effort, you hereby appoint the Secretary of State of the Commonwealth of Virginia as your duly authorized agent for service of process.