This Website is owned and operated by Speed & Sport Adventures, LLC. These Terms set forth the terms and conditions under which you may use our Website and services as offered by us. This Website offers visitors the opportunity to learn about our products and services. By accessing or using the Website of our service, you approve that you have read, understood and agree to be bound by these Terms.
Who can use your Website; what are the requirements to create an account
In order to use our Website and/or receive our services, you must be at least 21 years of age or of the legal age of majority in your jurisdiction and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key commercial Terms offered to customers
When buying an item or service, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
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Return policy
For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: Any off-road tour.
Refund policy
There are no refunds on any tours or events.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason. We also reserve the right to make substitutions.
Warranties & responsibility for services and products
When we receive a valid warranty claim for a product (not service) purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Speed & Sport Adventures, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the Website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the Website.
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Digital Millennium Copyright Act ("DMCA")
Speed and Sport Adventures, LLC respects the intellectual property rights of others. Per the DMCA, Speed and Sport Adventures, LLC will respond expeditiously to claims of copyright infringement on the Site if submitted to Speed and Sport Adventure's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Speed and Sport Adventures will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by Speed and Sport Adventures or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
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A description of the copyrighted work or other intellectual property that you claim has been infringed;
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A description of where the material that you claim is infringing is located on the Site;
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An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Speed and Sport Adventures can contact you;
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A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
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A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
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Your electronic or physical signature.
Speed and Sport Adventures may request additional information before removing any allegedly infringing material. In the event Speed and Sport Adventures removes the allegedly infringing materials, Speed and Sport Adventures will immediately notify the person responsible for posting such materials that Speed and Sport Adventures removed or disabled access to the materials. Speed and Sport Adventures may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). Speed and Sport Adventures designated Copyright Agent is:
Ken Faught
909/376-9090
kenfaught24@gmail.com
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
Indemnification
You agree to indemnify and hold Speed & Sport Adventures, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against them by any third party due to or arising out of or in connection with your use of the Website or any of the products or services offered on the Website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Speed & Sport Adventures, LLC be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Speed & Sport Adventures, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our products or services; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. Furthermore, YOU agree to sign a Release of Liability Waiver in favor of SPEED & SPORT ADVENTURES, LLC.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the service.
Promotional e-mails and content
You agree to receive from time to time promotional messages and materials from us, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Orange County, California, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Orange County, California. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info
Speed & Sport Adventures, LLC
USFS & BLM Land
Participants acknowledge that some Speed & Sport Adventures, LLC some events are conducted on United States Forest Service or Bureau of Land Management land, and some are not. Members of the Speed & Sport Adventures staff have been working with the United States Forest Service and BLM for nearly 20 years and have helped organize many rides including events for KTM along with the Colorado 600. Participants agree that they might be required to purchase a map for $10 (included in the event package price and itemized on the receipt), for some events. It's intended that most of our events will begin and end the event on private property.
During some events, participants may spend 30 minutes learning about trail advocacy and how to support organizations that promote legal off-road riding. Additionally, participants will have the opportunity to learn about rider safety and riding tips.
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BOOKING AGREEMENT / CONTRACT
By booking or participating in any tour and related products or services (referred to here on out as the TOUR) with Speed & Sport Adventures, LLC, (referred to here on and out as SPEED & SPORT ADVENTURES), you (referred to here on out as YOU, YOUR or YOURS) agree to these Terms & Conditions (referred to here on out as the TERMS).
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YOUR BOOKING
YOUR booking is confirmed and a legal contract exists when SPEED & SPORT ADVENTURES issues written confirmation after after YOU pay the applicable $3500 deposit amount and receive an email saying you have been confirmed for the event. The deposit does not guarantee a booking. Please check your confirmation carefully and report any incorrect, missing or incomplete information to SPEED & SPORT ADVENTURES immediately. Final payment is due 90 days prior to the event. If payment is not received, YOUR spot on the tour will be available for another participant.
You must be at least 21 years of age to make a booking and YOU agree to accurate information to SPEED & SPORT ADVENTURES. Additionally, anyone person booking for a participant becomes the legal responsible party for all payments for the booking. The booking party is responsible for notifying the participant of all terms and conditions, and is responsible for all payments for the tour booking and any bike rentals. Those booking for another participant represent that they have secured all required consents and that SPEED & SPORT ADVENTURES is responsible in no way for any errors or omissions in the information under any circumstances.
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PARTICIPANT REQUIREMENTS
Riders must be minimum 21 years of age by the first event date to be eligible, have five-years experience in dual-sport, street and off-roading, and be in good health standing. (Consult your doctor with health-related eligibility questions)
Riders must have a valid motorcycle license, street-legal dual-sport motorcycle, medical insurance & motorcycle insurance. If you do not own a street-legal dual-sport motorcycle, you may rent one from Speed & Sport Adventures.
It is your responsibility to review all eligibility requirements, terms and conditions prior to reserving your spot with a deposit payment. Riders must also fill out an Event Entry Form and sign a Release of Liability Waiver in favor of Speed & Sport Adventures, LLC.
PRICING & TAXES
Taxes vary from state-to-state and once final payment is received, a detailed invoice will be sent to YOU and it will show which items are taxable and which items are not. Speed & Sport Adventures reserves the right to adjust prices, but both increases or decreases in tour prices only apply to new bookings. Those bookings which receive a confirmation will not be effected by any price increase or decrease, and are not eligible for any discount.
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TRAVEL EXPENSES
Speed & Sport Adventures is not responsible for any incidental expenses during travel which includes passports, visas, flights or rail, car parking or other fees to travel to and from event.
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UNUSED SERVICES / FLEXIBILITY
YOU acknowledge that the nature of adventure travel, at times, requires a lot of flexibility, and acknowledge that YOU will permit reasonable alterations to products, services or itineraries by SPEED & SPORT ADVENTURES. The routes, schedules, accommodations, activities, amenities are subject to change without notice due to unforeseeable circumstances (including, but not limited to, Force Majeure, injury, illness, mechanical breakdown, flight cancellations, strikes, political events, pandemics and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused due to no fault of SPEED & SPORT ADVENTURES, including your removal from a Tour because of your negligence or breach of these Terms.
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THIRD-PARTY LIABILITY
SPEED & SPORT ADVENTURES makes arrangements with accommodation providers, activity providers, tour and local guides, helicopter companies and other independent third parties (“Third Party Suppliers”) to provide you with some or all of your booking components. Third Party Suppliers may also engage the services of local operators and sub-contractors, etc. Although SPEED & SPORT ADVENTURES takes all reasonable care in selecting Third Party Suppliers, SPEED & SPORT ADVENTURES is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and the SPEED & SPORT ADVENTURES does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
SPEED & SPORT ADVENTURES is not liable and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the SPEED & SPORT ADVENTURES and its employees.
Furthermore, SPEED & SPORT ADVENTURES is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
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Effective Date August 18, 2020
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