Terms & Conditions
This Website is owned and operated by MX & Off-Road Tours (a division of Studio 38, Inc.) These Terms set forth the terms and conditions under which you may use our Website and services as offered by us. This news website offers visitors the opportunity to learn about our products and services, and products and services offered by others. 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 18 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.
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.
There are no refunds on any tours or events provided by MX & Off-Road Tours or by Studio 38, Inc. This is an informational / new website that helps connect enthusiasts with tour, adventure, schools and other businesses.
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 MX & Off-Road Tours. 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.
Digital Millennium Copyright Act ("DMCA")
MX & Off-Road Tours respects the intellectual property rights of others. Per the DMCA, MX & Off-Road Tours will respond expeditiously to claims of copyright infringement on the Site if submitted to MX & Off-Road Tours's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, MX & Off-Road Tours 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 MX & Off-Road Tours or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
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 MX & Off-Road Tours can contact you;
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;
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;
Your electronic or physical signature.
MX & Off-Road Tours may request additional information before removing any allegedly infringing material. In the event MX & Off-Road Tours removes the allegedly infringing materials, MX & Off-Road Tours will immediately notify the person responsible for posting such materials that MX & Off-Road Tours removed or disabled access to the materials. MX & Off-Road Tours 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). MX & Off-Road Tours, along with Studio 38, Inc. designated Copyright Agent is:
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
You agree to indemnify and hold MX & Off-Road Tours, along with Studio 38, Inc. 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 MX & Off-Road Tours, along with Studio 38, Inc. 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, MX & Off-Road Tours, along with Studio 38, Inc. 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.
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
MX & Off-Road Tours
MX & Off-Road Tours (a division of Studio 38, Inc.) is a news service 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, MX & Off-Road Tours is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Effective Date February 4, 2022