Terms of Use
The following Terms of Use are set forth here as a legally binding agreement that establishes enforceable rules for the use of the Site. Your use of this Site serves as your agreement to such terms.
PRODUCT INFORMATION. Most Motorcycle Safety Support products displayed on the Site are available in select stores across the United States as well as on the Site. In some cases, the products you see on this Site may not be available elsewhere. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
PRICE AND PAYMENT. The prices of the products and services of Motorcycle Safety Support and MotoWave, LLC are as quoted on the Site from time to time.
Prices include state sales tax, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping cart and have selected your chosen method of payment.
Prices are liable to change at any time and without notice, but changes will not affect orders in respect of which we have already prepared a Purchase Confirmation for your approval.
The Site contains a large number of products, and it is always possible that, despite our best efforts, some of the products listed on the Site may be incorrectly priced. We will normally verify prices as part of our sales procedures so that, where a product’s correct price is less than our stated price, we will charge you the lower amount. If a product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, reject your order and notify you of such rejection.
The Site accepts only payments made through most major credit or debit cards or payment systems available on the checkout page.
You should be aware that online payment transactions are subject to validation checks by your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. We also carry out a standard pre-authorization check on your payment card, and the products on the Site will not be available for download until this pre-authorization check has been completed. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT. The intellectual property rights in all printed material, software, and content made available to you or through this Site remain the property of Motorcycle Safety Support, MotoWave, LLC, or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Motorcycle Safety Support, MotoWave, LLC, and its licensors. These rights extend to all Site content, product descriptions, sales emails, coupon codes, designs, and other writings or images unique to the Site. You may store, print, and display any such content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site, nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software, content, or accompanying documentation supplied by Motorcycle Safety Support, MotoWave, LLC, or their licensors. Motorcycle Safety Support, MotoWave, LLC, The Rider’s Safety Mindset, and RSM-MSS are trademarks belonging to Motorcycle Safety Support and MotoWave, LLC. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorably similar without the written permission of Motorcycle Safety Support or MotoWave, LLC.
WARRANTIES. Motorcycle Safety Support and MotoWave, LLC, are dedicated to making our products and services the best they can be, but we’re not perfect. Sometimes things go wrong. You understand that our products and services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
GOVERNING LAW AND DISPUTE RESOLUTION. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the state of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Harris County, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country in which you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Motorcycle Safety Support or MotoWave, LLC and you which arises out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty ((30)) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
NO LIABILITY. SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER TEXAS LAW, IN NO EVENT SHALL MOTORCYCLE SAFETY SUPPORT, MOTOWAVE, LLC, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM MOTORCYCLE SAFETY SUPPORT OR MOTOWAVE, LLC; OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS, OR SERVICES OF MOTORCYCLE SAFETY SUPPORT OR MOTOWAVE, LLC; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.