Terms of service

PLEASE READ: Motorcycle/ATV/UTV riding, racing and motor sports are dangerous. Participation in these activities can result in severe injury, paralysis, or death. Participation in these activities should always be done with extreme caution and use appropriate safety equipment and precautions. IMMIXRacing.com, Clandestiny LLC, the manufacturers and distributors of any product on this website do not warrant, guarantee, or represent either expressly or implied, the performance of the products sold on this site. Any and all use of the products sold on this website, or sold via any other retail venue, are done at your sole risk.

By purchasing any product/s from this site or elsewhere, including those manufactured by IMMIX, you agree to hold IMMIXRacing.com, Clandestiny LLC, and it's related affiliates, subsidiaries, or assigns completely harmless from any injury, death or damage resulting from the use of the products on this site. Prudence and caution should always be used when using these products. All content on this site is for informational purposes only and does not represent a warranty or guarantee of product performance.

This Web Site, IMMIXRacing.com, ("Site") is owned and operated by Clandestiny LLC (collectively, "IMMIX").

By using this Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement and Privacy Policy ("Agreement"). Please read these terms carefully. By using this Site you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site. In addition, when you use any current or future version of this Site or any other IMMIX Web Site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.

Intellectual Property

IMMIX does not solicit or accept product ideas, innovations, suggestions, technology concepts, designs or anything similar (collectively “Intellectual Property”) through this website. Please do not send any Intellectual Property, or other product innovations and ideas to IMMIX through this website. Should you choose to send any such Intellectual Property, in so doing, you grant to IMMIX an irrevocable, in perpetuity, royalty-free license to use the Intellectual Property. In addition, you agree to hold IMMIX, its affiliates and assigns harmless from using the Intellectual Property and agree to not take any legal action against IMMIX for said use of Intellectual Property. IMMIX is under no obligation to notify you of use of the submitted Intellectual Property. You also acknowledge and accept that there is a high likelihood that IMMIX is developing, or intends to develop product that uses Intellectual Property that is very similar, or exactly the same, as what is submitted. You also agree that this clause in this Legal Terms of Use Agreement supersede all other legal agreements, even if the Intellectual Property sent has a legal agreement attached. This clause can only be modified via a separate, signed agreement by both parties.

Trademarks

IMMIX is a trademark of Clandestiny LLC in the United States and other countries. IMMIX reserves the right on other marks used on our Site or used offline as trademarks or registered trademarks of IMMIX in the United States and/or other countries. All rights reserved.

This Site may refer to third-party trademarks. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all IMMIX or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to IMMIX or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of IMMIX or any third party.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by IMMIX or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of IMMIX or any third party.

The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of IMMIX or its lawful successors and assigns. For usage permission, contact us directly.

All content posted to the website by visitors becomes the sole copyrighted property of IMMIX. IMMIX has exclusive right to the content posted to its site for any and all commercial purposes. All visitors are bound by the terms of use as soon as they engage with the site and/or post content, whether through a product review, emails, submission of a contact us form, etc. IMMIX reserves the exclusive right to modify, delete, replicate, or alter any content posted by visitors through an "engagement" activity with the site.

Notice of Copyright Infringement

IMMIX respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide IMMIX with the following information:

Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address, and daytime telephone number, and an email address if available, so that IMMIX may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Please contact us via customers [at] IMMIXracing.com for the correct physical mailing address for such legal correspondence.

License and Site Access

IMMIX grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IMMIX. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IMMIX. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IMMIX and our affiliates without express written consent. You may not use meta tags or any other hidden text using IMMIX’s name or trademarks without the express written consent of IMMIX. Any unauthorized use terminates the permission or license granted by IMMIX.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or other relevant page of IMMIXracing.com so long as the link does not portray IMMIX or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any IMMIX logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from IMMIX.

Third Party and Co-Branded Web Sites

This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than IMMIX("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from IMMIX to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. IMMIX IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Your Responsibilities

You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from IMMIX. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with IMMIX or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:

Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
Sending unsolicited email, including promotions and/or advertising of products or services, and
Forging any TCP/IP packet header or any part of the header information in any email or posting.

Risk of Loss

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, IMMIX. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when IMMIX delivers these items to the carrier.

Product Information

IMMIX attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars. IMMIX does not guarantee the availability of product, even when listed on the site as available. At times, the website may not contain a correct representation of product available in stock. In such an event, IMMIX may choose to reimburse the customer for the full amount charged to their credit card, or other payment method, and is exempt from reimbursing or any damages beyond the original charge.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate. In addition, many of the materials used in IMMIX’s products are natural and, therefore, have naturally occurring variations in colors across production runs.

Information/Content on this Site

The information and content on this site is given for informational purposes only. This includes any advice or recommendations received verbally on the phone or in writing via email from IMMIX, its employees and/or affiliates. All the testimonials on this site come from real people who actually own IMMIX products. However, their experience and testimonials do not represent a guarantee of performance or results. Your results may vary significantly from their results when using IMMIX products.

The IMMIX Guarantee

IMMIX guarantees every product we make.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY IMMIX ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMIX MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IMMIX RESERVES THE EXCLUSIVE RIGHT TO CANCEL ANY ORDER, EVEN IF ALREADY PAID FOR AND CHARGED FOR REASONS INCLUDING, BUT NOT LIMITED TO: PRICE LISTING ERROR, ORDER PROCESSING ERRORS, LACK OF PRODUCT AVAILABILITY, FOR PRODUCT DISTRIBUTION REASONS, ETC.

IN NO EVENT WILL IMMIX, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO IMMIX THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE TESTIMONIALS AND OTHER CONTENT ON THIS SITE MAY NOT REPRESENT NORMAL RESULTS. IMMIX IN NO WAY MAKES ANY GUARANTEES OR WARRANTY REPRESENTATION THAT THE REVIEWS, TESTIMONIALS, OR EXPERIENCES OF ONE CUSTOMER, AS SHARED THROUGH TESTIMONIALS, REVIEWS, OR QUOTES ON THE SITE, REPRESENT REASONABLE EXPECTATIONS OF PRODUCT PERFORMANCE. CUSTOMER REVIEWS, TESTIMONIALS, AND QUOTES ON THIS SITE ARE FROM THOSE WHO HAVE USED THE PRODUCTS AND ARE GATHERED FROM EMAILS SENT IN BY CUSTOMERS, PHONE CALLS RECEIVED BY CUSTOMERS, REVIEWS SUBMITTED AND POSTED BY CUSTOMERS ON IMMIXRACING.COM, OTHER WEBSITE REVIEWS, EDITORIAL REVIEWS, ETC.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Utah, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Utah. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to IMMIX or to products you purchase through IMMIX shall be submitted to confidential arbitration in Salt Lake City, Utah, United States of America, except that, to the extent you have in any manner violated or threatened to violate IMMIX’s intellectual property rights, IMMIX may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to defend, indemnify, and hold harmless IMMIX and its affiliates, successors and assigns, and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by IMMIX arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions

We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

Use of this site and/or conducting a transaction on, or through, this site is an acceptance of the terms and conditions of this legal policy and privacy policy. You automatically consent to be bound by this legal policy as soon as an order is placed, regardless of whether you have checked a box signifying the reading and acceptance of this legal policy.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and IMMIX as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of IMMIX’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by IMMIX with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of IMMIX to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between IMMIX and you regarding our Site and its contents.

IMMIX reserves the right to modify, change, or update the Terms of Use and Privacy Policy at any time and is under no obligation, and assumes no responsibility to update you, whether you are a customer or not, in the event this Privacy Policy or Terms of Use agreement is modified or changed. To know the latest version of this policy, please visit this page.

All rights not expressly granted herein are hereby reserved.