Please take a few minutes to review these Terms and Conditions. Your purchase of products, training, coaching, and bike rental and accommodations packages from us constitutes your agreement to follow these Terms and Conditions and to be bound by them. These Terms and Conditions May Change, SLMXSCHOOL reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products, training, coaching, and bike rental and accommodations packages from us or use our Web Site. Disclaimer: This Web Site and all Content available on this Web Site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Customer cannot participate at any SLMXSCHOOL activities if under the influence of Alcohol or any Drugs. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that motorsports (Motocross, Super cross, off road, Super moto, Works) is a dangerous sport, that you assume full responsibility for all costs associated with all necessary servicing, or repairs of any equipment you use in connection with your use of this Web Site, and that SLMXSCHOOL shall not be liable for any damages of any kind or injuries related to your use of this Web Site. SLMXSCHOOL assumes no responsibility for the timeliness, deletion, miss delivery, or failure of its services. Product Information: Most products, training, coaching, bike rental and accommodations packages displayed on our Web Site are available. In some cases, products, training, coaching, bike rental and accommodations packages displayed for sale on our Web Site may not be available. The prices displayed on our Web Site are quoted in U.S. Dollars and are valid and effective only in the U.S. Indemnification Customer agrees to defend, indemnify, and hold harmless SLMXSCHOOL and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on SLMXSCHOOL Web Site, thru the SLMXSCHOOL Retail store. SLMXSCHOOL reserves the right, at its own expense, to assume his exclusive defense and control. Any action relating to the use of the Web Site or any transaction with SLMXSCHOOL must be first mediated by a Riverside Mediator and agreed to by both party. If Mediator is unable to mediate the dispute and Guest pursues legal action it must be brought in accordance to the Court’s decision in the state or federal courts located in the County of Riverside, California. Terms and Conditions of Sale Please take the time to read through these terms and conditions in respect to the sale of products, training, coaching, and bike rental and accommodations packages through SLMXSCHOOL. THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY AND SERVICES OF THE PRODUCTS, TRAINING, COACHING, Bike Rental, AND ACCOMMODATIONS PACKAGES DESCRIBED ON SLMXSCHOOL WEB SITE, SIGN UP FORM, RELEASE OF LIABILITY OR OTHER SLMXSCHOOL DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE. IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale constitute a binding contract between Customer and SLMX SCHOOL. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on SLMXSCHOOL Web Site. These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Web Site at the time Customer initially places or modifies an order will govern the order in question. These Terms and Conditions of Sale constitute the entire agreement between Customer and SLMXSCHOOL relating to the Terms and Conditions of Sale of products on the Web Site Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet. Customer agrees that the Terms and Conditions of Sale contained herein and in SLMXSCHOOL products, training, coaching, bike rental, accommodations packages, invoice or other documentation will control. No course of prior dealings between the parties will be relevant to determine the meaning of these Terms and Conditions of Sale or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "Customer" means the person or entity those purchases, places an order or otherwise shops at SLMX SCHOOL' Web Site Choice of Law and Forum These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California. Customer expressly agrees any action relating to the use of the Web Site, products, training, coaching, and bike rental and holiday’s packages or any transaction with SLMXSCHOOL must be brought in the state or federal courts located in the County of Riverside, California. SLMXSCHOOL retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges. Warranties Customer understands that all products are sold AS IS. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by SLMXSCHOOL. SLMXSCHOOL HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF SLMXSCHOOL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. LIMITATION OF LIABILITY IN NO EVENT WILL SLMXSCHOOL OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SLMXSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SLMXSCHOOL LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER SLMXSCHOOL NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS, NEITHER SLMXSCHOOL NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. SLMXSCHOOL has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part. Indemnification Customer agrees to defend, indemnify, and hold harmless SLMXSCHOOL and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assigns from all liabilities, claims, and expenses, including attorney's fees, that arise from Customer's (a) breach of these Terms and Conditions of Sale; (b) use of any products purchased on SLMXSCHOOL Web Site SLMXSCHOOL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with SLMXSCHOOL in asserting any available defenses. Pricing Information; Availability; Errors and Omissions Disclaimer All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders. If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date. Orders; Payment Terns; Interest; Taxes Orders are not binding upon SLMXSCHOOL until accepted by SLMXSCHOOL. SLMXSCHOOL reserves the right to refuse service to anyone. Terms of payment are within SLMXSCHOOL sole discretion. Invoices are due and payable BEFORE service, measured from the date of invoice. Customer is responsible for, and will indemnify and hold SLMXSCHOOL from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of SLMXSCHOOL costs of collection, including court costs, filing fees and attorney's fees. Sever Ability If any part of these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. Return Privileges Customer agrees to thoroughly and carefully inspect all goods and shipping papers upon delivery.
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