TERMS OF USE
INTRODUCTION
Welcome to Vegas Superkarts website www.vegassuperkarts.com (the “Website”). This Website is operated by Las Vegas Superkarts, LLC DBA Vegas Superkarts (“Vegas Superkarts” or the “Company”), a Nevada limited liability company with subsidiary and related entities with offices in numerous states. Please read these terms of use (“Terms of Use”) carefully before using this Website. By using the Website, you agree to be bound by these Terms of Use. Vegas Superkarts reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Website thereafter will constitute agreement with such modifications.
NO PROFESSIONAL ADVICE
The information and materials on this Website are provided for informational purposes only. They do not necessarily represent the position or opinions of the Company or its partners or advisors collectively, and they do not constitute professional advice. Discussion of prior experiences or results on this website should not be construed as a guarantee that similar results will be obtained in future experiences.
ACCESSIBILITY
Vegas Superkarts is committed to ensuring that its Website is accessible to individuals with disabilities, consistent with the Americans with Disabilities Act (ADA). Vegas Superkarts strives to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and is continually working to improve the accessibility and usability of its Website. If you encounter any accessibility barriers or have difficulty accessing any portion of this Website, please contact Vegas Superkarts using the contact information provided in these Terms of Use, and we will make reasonable efforts to assist you.
LINKS TO OTHER WEBSITES
This Website may include links to other Internet sites that are beyond the control of Vegas Superkarts. Vegas Superkarts is not responsible for the content of any such websites, makes no representations regarding any such sites, and does not necessarily endorse or approve any of the information, material, products, or services contained on or accessible through any such sites. You acknowledge and agree that any linking to other sites, your use of such sites, and your use of any information, material, products, and services offered by such sites, are solely at your own risk.
DISCLAIMER
The materials provided on this Website are provided “as is” and without warranty of any kind, express or implied. Vegas Superkarts disclaims all express and implied warranties with regard to the information and materials contained on this Website, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITY AND CODE OF CONDUCT
Participant responsibility for vehicle damage is governed exclusively by the Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release Agreement”) executed prior to participation. Any optional Damage Protection Add-On applies only if expressly elected and paid for, and only to the limited extent set forth in the applicable Add-On terms. If the Participant elects to purchase the Damage Protection Add-On, Las Vegas Superkarts, LLC shall limit the Participant’s financial responsibility for any vehicle damage, subject to the conditions set forth in the Damage Protection Add-On terms and conditions, available at https://speedvegas.com/damage-protection-terms-and-conditions.html.
All participants must follow all safety rules dictated by Vegas Superkarts and its staff. For go-kart experiences, any hair below shoulder length must be fully secured by tying it back and tucking it into clothing, or as otherwise directed by Vegas Superkarts. Vegas Superkarts reserves the right to cancel or interrupt the experience of a participant if all safety conditions are not met.
Alcohol and controlled substances are prohibited for all participants to a driving experience. Vegas Superkarts reserves the right to perform alcohol and controlled substances tests randomly or in case of reasonable suspicion. In case of a positive test, Vegas Superkarts reserves the right to cancel or interrupt the event of the participant with no refund, and subject to the Release Agreement.
In no event shall Vegas Superkarts or its partners, subsidiary entities, or affiliates, including all of their officers, owners, members, shareholders, directors, employees, agents, successors, assigns, predecessors, or group of companies, that include but are not limited to Motorsport Adventures, LLC, Las Vegas Motorsports Park, LLC, Las Vegas Exotics Racing, LLC, Las Vegas Superkarts, LLC, Las Vegas Off Road Experience, LLC, and Flycatcher, LLC (collectively, the “Affiliates”), and all contributors to this Website, be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, resulting from your access or use of this Website. You hereby waive any and all such claims against Vegas Superkarts, its partners, Affiliates, and contributors. You agree that the limitations set forth above are fundamental elements of these Terms of Use, and that the Website and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
Participants may be held financially responsible for damage to protected wildlife or habitats as described in the Release Agreement.
INDEMNIFICATION
You agree that you will not use this Website for any unlawful purpose, or for any purpose prohibited by these Terms of Use. You (the “Indemnifying Party”) agree to indemnify, defend, and hold harmless Vegas Superkarts, its partners, principals, agents, officers, directors, members, managers, shareholders, employees, trustees, beneficiaries, attorneys, insurers, successors, parent companies, related entities, assigns, Affiliates, and contributors (the “Indemnified Parties”) from and against, and to reimburse and pay the Indemnified Parties with respect to, any and all claims, losses, liabilities, obligations, payments, penalties, fines, damages, deficiencies, actions, suits, proceedings, demands, assessments, judgments, lost profits, diminutions in value, costs, and expenses (including, the costs and expenses of any and all actions, suits, proceedings, assessments, judgments, settlements, compromises, fines, and interest relating thereto, including attorneys’ fees, disbursements, and costs of investigation in connection therewith) (collectively, “Damages”), assessed, suffered, incurred, or sustained by or against the Indemnified Parties by reason of, arising out of, relating to, or in connection with any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Website. The indemnification obligations set forth in the Release Agreement apply in addition to, and not in limitation of, the indemnification obligations contained in these Terms of Use.
With respect to any third-party claims, the Indemnifying Party shall give the Indemnified Party prompt notice of any third-party claim and cooperate with the Indemnified Party. The Indemnifying Party shall have the right to assume the defense, at its own expense, of any such claim through counsel which the Indemnified Party reasonably approves of in writing by so notifying the Indemnified Party within fifteen (15) calendar days of the first receipt of such notice. The Indemnified Party shall have the right to participate in the defense thereof and to employ counsel, at its own expense, separate from the counsel employed by the Indemnifying Party. The Indemnifying Party shall not, without the prior written consent of the Indemnified Party, agree to the settlement, compromise, or discharge of such third-party claim.
PROHIBITED USES
By using this Website, you agree not to:
(a) Use the Website in any way that violates any applicable federal, state, local, or international law or regulation; (b) Send, knowingly receive, upload, download, use, or re-use any unsolicited or unauthorized commercial communications (including advertising and promotional materials) via the Website; (c) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (d) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, without Vegas Superkarts prior written consent;
(e) Introduce any viruses, Trojan horses, worms, logic bombs, malware, or other material that is malicious or technologically harmful; (f) Interfere with the proper working or functioning of the Website, including by overloading, flooding, or crashing the Website; or (g) Impersonate or attempt to impersonate Vegas Superkarts, a Vegas Superkarts employee, another user, or any other person or entity.
NON-WAIVER
Vegas Superkarts failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
GOVERNING LAW; VENUE
These Terms of Use and any disputes arising out of or relating to these Terms of Use or the Website shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-laws principles. Any legal action, suit, or proceeding arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction and venue of the state or federal courts located in Clark County, Nevada, and each party irrevocably submits to the jurisdiction and venue of such courts.
SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
ENTIRE AGREEMENT
These Terms of Use, together with the Privacy Policy and the Release Agreement, constitute the entire agreement between you and Vegas Superkarts with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
SOCIAL MEDIA
Vegas Superkarts reserves the right to remove commentary on its social media channels. Vegas Superkarts will remove posts that are outside the original intent of the conversation, as well as those that are offensive or illegal. In addition, posts that drive to an individual’s websites or products with the intent of personal gain, or those that disclose confidential information, will be removed.
USER SUBMISSIONS
If you submit, post, or transmit any content to Vegas Superkarts via the Website or through Vegas Superkarts social media channels-including but not limited to comments, photographs, videos, reviews, social media tags, or other materials (collectively, “User Submissions”)-you hereby grant Vegas Superkarts a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, display, distribute, and otherwise exploit such User Submissions in connection with Vegas Superkarts business, including marketing, advertising, and promotional activities, in any media now known or hereafter developed. By submitting User Submissions, you represent and warrant that you own or otherwise have the necessary rights, licenses, consents, and permissions to grant the foregoing license and that such User Submissions do not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
CHILDREN
This Website is intended for adults only and is not intended for use by children under the age of 13. Specifically, the adults-only restriction applies to Website Account registration and direct purchases through the Website. Vegas Superkarts reserves the right to suspend or terminate access to this Website if it discovers the Website is being used by children under the age of 13 for Account registration or purchasing purposes.
Notwithstanding the foregoing, Vegas Superkarts on-site driving experiences, go-kart experiences, and ride-along experiences are available to minors who satisfy the applicable age, height, parent or legal guardian waiver, and on-site presence requirements set forth in the Driving Experience, Go-Kart, & Ride-Along Conditions section of these Terms of Use.
INTELLECTUAL PROPERTY
All content and materials available on https://vegassuperkarts.com/, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Vegas Superkarts and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any intellectual property on the Website is strictly prohibited, unless specifically authorized by Vegas Superkarts.
COPYRIGHTS AND COPYRIGHT AGENT
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement is the Vegas Superkarts Administrator who can be reached as follows:
By Mail: 14200 S Las Vegas Blvd., Las Vegas, NV 89054
By E-mail: experience@speedvegas.com
By Phone: 702-213-9068
TERMINATION OF USE
Vegas Superkarts may, at its sole discretion, suspend or terminate your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use.
PRIVACY
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is available on this Website, please refer to it and carefully read the terms and conditions therein. By participating in any or all Vegas Superkarts experiences, you have granted the right to use your name, likeness, voice, photographs, and video of all clients taken by Vegas Superkarts, authorized agents, and/or any media groups during track events. This includes, but is not limited to: television, radio, film, and all other media mediums that may be used by Vegas Superkarts for business use.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use as outlined above, you can contact Vegas Superkarts by accessing the following link: https://vegassuperkarts.com/contact, or by giving us a call at 702-213-9068.
PURCHASE & ORDER
In these Terms of Use, an “order” is the purchase of an experience, a gift certificate, or a package, and a “reservation” or “booking” is the date and time scheduled for an experience.
The order or purchase of any Vegas Superkarts product or service indicates that you have read and accepted these Terms of Use. Vegas Superkarts makes an assortment of information and services available through our Website collectively, subject to these Terms of Use. There may be a variety of information and services offered through our Website that have separate registration procedures, terms and conditions, terms of service, user agreements, or similar legal agreement. Vegas Superkarts may offer other services from time to time that are governed by the terms of service of the respective service partners. Information and products or services available at Vegas Superkarts may not be available in all countries. If you choose to purchase Vegas Superkarts products from outside the United States, you do so on your own initiative and are accountable for accordance with all any laws (local or state), import and export restrictions, or general regulations.
An order is confirmed upon receipt of payment of 100% of the purchase amount, including any applicable taxes, by credit card, cash, wire transfer, or check.
Gift certificates delivered by Vegas Superkarts contain an expiration date of five (5) years from the date of purchase that is printed on the gift certificate. Any inquiries regarding the balance of a gift certificate or its expiration may be directed to Vegas Superkarts at 702-213-9068. Orders are non-refundable and nonredeemable for cash but may be transferred to another party providing all requirements are met. These qualifications include written consent from the purchasing party acknowledging the transfer and the new applicant’s complete information, which has been signed and dated. This information must include the new participant’s full name, age, and address as well as phone and email contact information. The validity of the transfer will expire five (5) years after the original order date.
Changes may be made to Vegas Superkarts products or services, at any time, without notice.
RESERVATION & BOOKING OF EVENTS
Reservations are recommended for all experiences as space is limited. Walk-in guests are welcome, subject to availability, on a first-come, first-served basis. A reservation may be rescheduled, subject to availability. A rescheduling fee of up to thirty percent (30%) of the order amount applies when a reservation is changed less than fifteen (15) days before the scheduled date or after a no-show. Payments are not refunded when a reservation is cancelled or missed. A reservation is transferable to another party meeting the qualification requirements with express written consent from the original recipient. Group and corporate bookings are subject to different cancellation, rescheduling, and refund policies, which are set out in their event contract.
Dates are subject to change without notice. Vegas Superkarts is not responsible for any travel expenses incurred by changes beyond our control. Vegas Superkarts reserves the right to postpone or to modify the location or the content of the experience depending on availabilities. Confirmation of the reservation will be sent by email or text message prior to the date of the event. In case no available date would suit you, you have the ability to purchase a gift certificate or an experience package valid for five (5) years from the original order date.
The receiver of the gift certificate or the package experience will subsequently choose the date of the event among available dates.
SMS / TEXT MESSAGE COMMUNICATIONS
1. Program Description. Vegas Superkarts (operated by Las Vegas Superkarts, LLC) offers an SMS/text messaging program. By providing your mobile phone number and opting in, you agree to receive text messages from Vegas Superkarts at that number, which may include reservation and booking confirmations, reminders, schedule changes, weather or force majeure updates, customer service responses to your inquiries, and, only if you separately opt in, marketing and promotional messages such as specials and offers.
2. Consent. Consent to receive text messages is not a condition of any purchase or participation in any Vegas Superkarts experience. Marketing and promotional text messages require your separate prior express written consent. Messages may be sent using automated technology.
3. Message Frequency. Message frequency varies based on your reservations and interactions with Vegas Superkarts.
4. Message and Data Rates. Message and data rates may apply to any messages you send or receive. Carriers are not liable for delayed or undelivered messages.
5. HELP. For help, reply HELP to any message or contact Vegas Superkarts customer support at 702-213-9068 or experience@speedvegas.com, or visit https://vegassuperkarts.com/contact.
6. STOP. You may opt out of all text messages at any time by replying STOP to any message. After you send STOP, you will receive one final message confirming that you have been unsubscribed, and no further messages will be sent unless you opt in again. To opt back in, reply START. Opting out may affect your ability to receive reservation updates by text.
7. Privacy. Vegas Superkarts will not sell, rent, or share your mobile phone number, SMS opt-in data, or consent with third parties or affiliates for marketing or promotional purposes, and customer information will not be sold to third parties for marketing purposes. For details on how your phone number and customer data are collected, used, and protected, please see our Privacy Policy at https://vegassuperkarts.com/privacy-policy.html.
DRIVING EXPERIENCE, GO-KART, & RIDE-ALONG CONDITIONS
Participant Eligibility & Height Requirements. All participants must meet the following height and age requirements applicable to their selected experience:
• Go-Karting: Minimum height of 55 inches (140 cm) (4 feet 7 inches) and at least 14 years of age;
• Driving Experiences: Minimum height of 59 inches (150 cm) (4 feet 11 inches) and at least 16 years of age;
• Ride-Along Experiences: Minimum height of 59 inches (150 cm) (4 feet 11 inches);
• Junior GoKart: Minimum height of 48 inches (122 cm) tall; and at least 10 years of age; and
• Two-Seater Go-Karting: Driver at least 16 years of age; passenger minimum height of 42 inches (107 cm) and at least 6 years of age, subject to approval by Vegas Superkarts in its sole discretion.
Minor Participants. Participants under 18 years of age must have the Release Agreement signed on their behalf by a parent or legal guardian prior to participation. A parent or legal guardian must remain physically present on-site for the duration of the minor’s experience.
Driving Experience Participants. All drivers participating in the Driving Experiences will be required to furnish a valid driver’s license issued by a U.S. state or territory or by a foreign government on the date of experience. Learner’s permits and instruction permits are not accepted.
All Participants.
• All participants must be physically capable of participating in the experience and all participants agree to notify Vegas Superkarts immediately of any illness, injury, or condition that may impact the participant’s ability to participate. Vegas Superkarts reserves the right in its sole and absolute discretion to refuse participation by any participant for any lawful reason.
• All participants, or in the case of a minor, the minor’s parent or legal guardian, will be required to sign the Release Agreement prior to the start of the event. All participants are required to wear a helmet while on the track.
• Any participant with any sort of external equipment or any other external item that could interfere with the safety restraints, driver movement, or overall driver safety, must receive approval from Vegas Superkarts prior to participating in any experience. Vegas Superkarts reserves the right to refuse participation in its sole and absolute discretion if a participant cannot be reasonably and safely accommodated.
USE OF THIRD-PARTY RE-SELLER(S)
Any booking, order, gift certificate, package, or experience purchased, transferred, resold, or obtained through an unauthorized third-party seller, agent, individual, marketplace, social media account, reseller, broker, concierge, travel provider, or any other third-party who is not Vegas Superkarts or approved by Vegas Superkarts may not be honored or fulfilled. Vegas Superkarts reserves the right to verify the source of a purchase, the customer’s identity, the participant’s identity, and the payment method used for booking before allowing any participation in any experience or fulfilling any order.
If a booking, order, or reservation is connected to an unauthorized seller, suspected fraud, stolen or unauthorized payment method, chargeback activity, false information, inability to verify the source of purchase, or any other violation of these Terms, Vegas Superkarts reserves the right to cancel the booking, deny service, block participation, refuse fulfillment, and/or refuse to reinstate the order.
Vegas Superkarts does not issue refunds for any order purchased through a third party, including a third party approved by Vegas Superkarts. Refund requests for such orders must be made to the third party, under its own terms.
At Vegas Superkarts sole discretion, the customer may be allowed to purchase a new experience directly from Vegas Superkarts, subject to availability.
RELEASE AND WAIVER CONTROLS
Participation in any driving experience, ride-along, or on-site activity is expressly conditioned upon execution of the Release Agreement. In the event of any conflict between these Terms of Use and the Release Agreement, the Release Agreement shall govern.
ASSUMPTION OF LIABILITY
Participants acknowledge that driving experiences are inherently dangerous and involve risks including serious injury, death, property damage, wildlife interaction, vehicle malfunction, collisions, and negligent acts or omissions of others, all of which are assumed by the participant as further detailed in the Release Agreement.
RIGHT TO REFUSE BUSINESS
Vegas Superkarts reserves the right to refuse business to any participant in its sole and absolute discretion for any lawful reason. Vegas Superkarts further reserves the right to end any and all Vegas Superkarts experiences early in its sole and absolute discretion. Vegas Superkarts does not discriminate on the basis of a customer’s national origin, sex, religion, color, race, age, veteran status, disability, pregnancy, sexual orientation, or gender identity.
RAIN-OUT & FORCE MAJEURE POLICY
Vegas Superkarts reserves the right to cancel an event for bad weather or in case of force majeure. The definition of bad weather shall be at the sole discretion of Vegas Superkarts, but is generally defined as ice, snow, freezing rain, wind, and heavy rains during the event. In case of any force majeure event leading to the unavailability of a track or a car, Vegas Superkarts reserves the right to reschedule the event or to replace it by an equivalent or superior event.
In the event of rescheduling permitted by us, Vegas Superkarts will contact you and try to reschedule your experience as soon as possible. If no date is agreed, the experience remains valid for five (5) years from the original order date. A refund will not be issued due to rainouts or cases of force majeure. In case of inclement conditions occurring after the event has begun, the event may be temporarily interrupted and moved back later on the same day. In case your event cannot be fully completed due to lack of time or continuous adverse conditions, you will not be refunded or discounted for any uncompleted portion of your experience. Any delay or timing extension of your experience due to a rain-out or force majeure event does not entitle you to a discount, refund, or rebate. Group and corporate bookings are subject to different policies, which are set out in their event contract.
RIGHT TO DENY ACCESS TO ONBOARD VIDEOS
By participating in any or all Vegas Superkarts experiences, you are agreeing to be videotaped, including both video and audio recording, by the onboard cameras in the vehicles as well as any cameras located on the premises. Vegas Superkarts reserves the right to use these videos and any reproductions in any lawful way. Vegas Superkarts also reserves the right to refuse any participant access to the video recordings or to any reproductions.
RIGHT TO EDIT OR UPDATE VIDEOS BEFORE RELEASE
In the event Vegas Superkarts provides a participant with access to a video recording, Vegas Superkarts reserves the right to edit, modify, and/or update such recording in its sole discretion.
PRICE & PAYMENT CONDITIONS
Prices listed on our Website, our brochures, and any of our commercial supports as listed are before any applicable taxes. Vegas Superkarts reserves the right to modify its prices without notice. Full payment by check, wire transfer, cash, or credit card must be received to confirm the order.
