terms & conditions
TERMS AND CONDITIONS, CONDITIONS OF SALE AND OR USE: All sales to or use by you (“YOU” or “YOUR”) of aftermarket products ("Products") from MOJO MOTO (“SELLER”), are subject to the terms and conditions stated below.
YOUR ACKNOWLEDGEMENT REGARDING AFTERMARKET PRODUCTS: YOU acknowledge that YOU have purchased aftermarket Products and therefore understand and accept the consequences of installing the Products on YOUR vehicle. Such consequences include, among other things, changing the center of gravity, rollover resistance, ride characteristics, performance, and general operation of YOUR vehicle from that intended by the vehicle manufacturer and potentially voiding manufacturer warranties. YOU further acknowledge and agree that the operation of any vehicle is a potentially dangerous activity (which can result in serious injury or death) and that YOU are solely responsible for familiarizing YOURSELF with the ride and handling characteristics of YOUR vehicle upon installing the Products and that SELLER shall not be responsible for the results of installing the Products on YOUR vehicle. Further, YOU understand, recognize, and agree that the suitability of any part sold, manufactured, or installed by or for SELLER for a particular application or use is YOUR sole decision and that YOU are not relying in whole or in part on the skill or judgment of SELLER regarding the safety, suitability, stated or implied use of any product or service. YOU understand and agree that off road activity is inherently dangerous and all MOJO MOTO roll cages, bumpers, tree kickers, running boards and all other cage related products are not a certified ROPS device and cannot prevent injury or death in a rollover or any accident or crash. ALL PRODUCTS ARE INTENDED FOR USE ON LEGAL OHV TRAILS AND RIDING AREAS ONLY. NO PRODUCT SOLD OR MANUFACTURED BY SELLER IS INTENDED FOR ON ROAD USE.
DISCLAIMER OF WARRANTIES: All products sold to YOU are sold on the condition that, except to the extent SELLER has made any express written warranties, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SELLER. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM PURCHASE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE CERTAIN OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE. OTHERWISE, THIS PROVISION MEANS THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS YOU PURCHASE IS WITH YOU AND THAT SHOULD THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU, AND NOT SELLER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
WAVIER & RELEASE OF LIABILITY: In consideration of the risk of injury while participating in driving off-road vehicles (the "Activity"), and as consideration for the right to participate in the Activity, YOU hereby, for yourself, your heirs, executors, administrators, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of YOUR participation in the Activity, and do hereby release and forever discharge Forged Metal Alliance Inc. dba MOJO MOTO, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that YOU may suffer as a direct result of YOUR participation in the aforementioned Activity, including traveling to and from an event related to this Activity. YOUR participation in the aforementioned Activity is voluntary and entirely at YOUR own risk. YOU are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. YOU understand that these injuries or outcomes may arise from YOUR own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, YOU assume all related risks, both known or unknown to YOU, of YOUR participation in this Activity, including travel to, from and during this Activity. YOU agree to indemnify and hold harmless Forged Metal Alliance Inc. dba MOJO MOTO against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by YOU or anyone on YOUR behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by YOU or by anyone else acting on YOUR behalf. If Forged Metal Alliance Inc. dba MOJO MOTO incurs any of these types of expenses, YOU agree to reimburse Forged Metal Alliance Inc. dba MOJO MOTO. YOU acknowledge that Forged Metal Alliance dba MOJO MOTO and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Forged Metal Alliance Inc. dba MOJO MOTO. YOU acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. YOU acknowledge that YOU have carefully read this "waiver and release" and fully understand that it is a release of liability. YOU expressly agree to release and discharge Forged Metal Alliance Inc. dba MOJO MOTO and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and YOU agree to voluntarily give up or waive any right that YOU otherwise have to bring a legal action against Forged Metal Alliance Inc. dba MOJO MOTO for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Forged Metal Alliance Inc. dba MOJO MOTO its agents, and employees. In the event that YOU should require medical care or treatment, YOU agree to be financially responsible for any costs incurred as a result of such treatment. In the event that any damage to equipment or facilities occurs as a result of YOU or YOUR family's willful actions, neglect or recklessness, YOU acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement is entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both YOU, and Forged Metal Alliance Inc. dba MOJO MOTO agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Prices are subject to change without notice. No warranty is expressed, written or implied.
YOUR ACKNOWLEDGEMENT REGARDING AFTERMARKET PRODUCTS: YOU acknowledge that YOU have purchased aftermarket Products and therefore understand and accept the consequences of installing the Products on YOUR vehicle. Such consequences include, among other things, changing the center of gravity, rollover resistance, ride characteristics, performance, and general operation of YOUR vehicle from that intended by the vehicle manufacturer and potentially voiding manufacturer warranties. YOU further acknowledge and agree that the operation of any vehicle is a potentially dangerous activity (which can result in serious injury or death) and that YOU are solely responsible for familiarizing YOURSELF with the ride and handling characteristics of YOUR vehicle upon installing the Products and that SELLER shall not be responsible for the results of installing the Products on YOUR vehicle. Further, YOU understand, recognize, and agree that the suitability of any part sold, manufactured, or installed by or for SELLER for a particular application or use is YOUR sole decision and that YOU are not relying in whole or in part on the skill or judgment of SELLER regarding the safety, suitability, stated or implied use of any product or service. YOU understand and agree that off road activity is inherently dangerous and all MOJO MOTO roll cages, bumpers, tree kickers, running boards and all other cage related products are not a certified ROPS device and cannot prevent injury or death in a rollover or any accident or crash. ALL PRODUCTS ARE INTENDED FOR USE ON LEGAL OHV TRAILS AND RIDING AREAS ONLY. NO PRODUCT SOLD OR MANUFACTURED BY SELLER IS INTENDED FOR ON ROAD USE.
DISCLAIMER OF WARRANTIES: All products sold to YOU are sold on the condition that, except to the extent SELLER has made any express written warranties, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY SELLER. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM PURCHASE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE CERTAIN OTHER LEGAL RIGHTS WHICH MAY VARY FROM STATE TO STATE. OTHERWISE, THIS PROVISION MEANS THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS YOU PURCHASE IS WITH YOU AND THAT SHOULD THE PRODUCTS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU, AND NOT SELLER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
WAVIER & RELEASE OF LIABILITY: In consideration of the risk of injury while participating in driving off-road vehicles (the "Activity"), and as consideration for the right to participate in the Activity, YOU hereby, for yourself, your heirs, executors, administrators, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of YOUR participation in the Activity, and do hereby release and forever discharge Forged Metal Alliance Inc. dba MOJO MOTO, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that YOU may suffer as a direct result of YOUR participation in the aforementioned Activity, including traveling to and from an event related to this Activity. YOUR participation in the aforementioned Activity is voluntary and entirely at YOUR own risk. YOU are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. YOU understand that these injuries or outcomes may arise from YOUR own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, YOU assume all related risks, both known or unknown to YOU, of YOUR participation in this Activity, including travel to, from and during this Activity. YOU agree to indemnify and hold harmless Forged Metal Alliance Inc. dba MOJO MOTO against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by YOU or anyone on YOUR behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by YOU or by anyone else acting on YOUR behalf. If Forged Metal Alliance Inc. dba MOJO MOTO incurs any of these types of expenses, YOU agree to reimburse Forged Metal Alliance Inc. dba MOJO MOTO. YOU acknowledge that Forged Metal Alliance dba MOJO MOTO and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Forged Metal Alliance Inc. dba MOJO MOTO. YOU acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event. YOU acknowledge that YOU have carefully read this "waiver and release" and fully understand that it is a release of liability. YOU expressly agree to release and discharge Forged Metal Alliance Inc. dba MOJO MOTO and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and YOU agree to voluntarily give up or waive any right that YOU otherwise have to bring a legal action against Forged Metal Alliance Inc. dba MOJO MOTO for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Forged Metal Alliance Inc. dba MOJO MOTO its agents, and employees. In the event that YOU should require medical care or treatment, YOU agree to be financially responsible for any costs incurred as a result of such treatment. In the event that any damage to equipment or facilities occurs as a result of YOU or YOUR family's willful actions, neglect or recklessness, YOU acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This Agreement is entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both YOU, and Forged Metal Alliance Inc. dba MOJO MOTO agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Prices are subject to change without notice. No warranty is expressed, written or implied.