PLEASE READ THESE CONDITIONS AND TERMS OF USE CAREFULLY BEFORE USING THE BOULDER MOTOR SPORTS WEBSITE. USING THE WEBSITE IS INDICATION YOU HAVE READ, UNDERSTAND AND WILL COMPLY WITH THE TERMS OF USE.
For the purpose of this document, Boulder Motor Sports will be represented by the abbreviation “BMS”. If any provision of this contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this contract shall remain in full force and effect.
Product Notice
Unless specifically designated otherwise by the manufacturer, all products sold by BMS are assumed to be designed and manufactured strictly for racing applications or incorporation on street machines that are used for racing. Some products are not intended for street use and may be illegal to use on the street.
Motorcycle racing is a dangerous activity. While every effort has been made to ensure that our products are designed and manufactured to the highest possible quality standards, BMS cannot assume responsibility for property damage or personal injury incurred by or concurrent with the use of the products, even if such damage or injury is the direct result of the failure of the product sold by BMS.
BMS assumes individuals performing the installation of its products to be certified professional motorcycle maintenance technicians or qualified race mechanics, who can make the judgments and adjustments which may be necessary in the installation process. BMS assumes no responsibility for damage or personal injury that may be caused by the manner in which products sold are installed.
You understand that you use products sold by BMS at your own risk. We want you to be racing for a long time so please do not use any product if you are uncertain of its function or your ability to properly install it.
Copyright and Trademark Notice
All content on this site including, but not limited to, software, logos, pictures and text is property of Boulder Motor Sports and its affiliates. The reproduction, modification, distribution, transmission or display of the content on this site is strictly prohibited. Users do not receive any rights to the BMS content.
Liability and Unlawful Use
Boulder Motor Sports is not responsible for the misuse or malfunction of any product sold. The product user recognizes this is a dangerous sport and agrees to accept all personal and property liability. BMS shall not be liable for any special or consequential damages that result from the use of, or the inability to use the products sold even if BMS has been advised of the possibility of such damages. By agreeing to the Terms of Use, the site user also releases BMS from any cause of action or legal suit resulting from negligence. BMS is not responsible for accidents, injuries or loss of life or property due to lawful or unlawful use of their products. This website is not for use by persons under 18 years of age.
Public Forums and Communities
"Public Forum" means an area, site or feature offered that offers the opportunity for users to submit material for viewing by one or more BMS site users. This includes a chat area, message board, mobile messaging, social community environment (ie-Twitter), conversation page or blog.
You acknowledge that Public Forums and similar features offered are for public and not private communications, and you have no expectation of privacy with regard to any submission to a public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. BMS has no duty to monitor such forums.
Also, you should be skeptical about information provided by others. You acknowledge that the use of any submission posted in any public forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any public forum and we specifically disclaim any and all liability in connection.
Web Content Disclaimer
Although we proofread our web content at BMS, typographical errors may be present. BMS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. If your credit card has already been charged for the purchase and your order is cancelled, BMS will issue a credit to your credit card in the amount of the incorrect price or price difference. The BMS site may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
Third Party Links
This site may be linked to other sites on the Internet that are not under the control of or maintained by BMS. Such links do not constitute an endorsement by BMS. You acknowledge that BMS is providing these links to you only as a convenience, and you agree that BMS is not responsible for the content or links displayed on such sites to which you may be linked.
Indemnification Clause
As a user of this site you agree to indemnify and hold harmless Boulder Motor Sports and all of its affiliates (hereafter called “indemnities or indemnified parties) from all liability, loss, damages and/or fees (including court and attorney fees) the indemnities may suffer as a result of a claim, demand or judgment against them. In the further event the undersigned shall fail to so defend and/or indemnify and save harmless, then in such instance the Indemnities shall have full rights to defend, pay or settle said claim on their behalf without notice to the undersigned and with full rights to recourse against the undersigned for all fees, costs, expenses and payments made or agreed to be paid to discharge said claim.
BOULDER MOTOR SPORTS RESERVES THE RIGHT TO UPDATE OR CHANGE THESE TERMS OF USE AT ANY TIME. CONTINUED USE OF THIS SITE INDICATES THE USER’S ACCEPTANCE OF THE CHANGES AND THE POLICY.