VEGAS SUPERKARTS TERMS OF USE


TERMS OF USE


INTRODUCTION

Welcome to Exotics Racing’s website www.vegassuperkarts.com (the “Website”). This Website is operated by Las Vegas Superkarts, LLC DBA Vegas Superkarts (“Vegas Superkarts” or the “Company”), a professional corporation 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 case results on this website should not be construed as a guarantee that similar results will be obtained in future cases.


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 of the information, material, products or services contained on or accessible through any such sites. You acknowledge and agree that your 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 site, including without limitation implied warranties of merchantability, fitness for a particular purpose and non-infringement.


LIMITATION OF LIABILITY AND CODE OF CONDUCT

Vegas Superkarts will assume responsibility for any damages that might occur to the cars except in cases of willful or reckless conduct or gross negligence. All other damages and expenses are the responsibility of the participant per the Event Adult Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement form that all participants are required to complete prior to program participation.

All participants must follow safety rules dictated by Vegas Superkarts and its staff. 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 positive test, Vegas Superkarts reserves the right to cancel or interrupt the event of the participant with no refund.

In no event shall Vegas Superkarts or its partners, subsidiary entities or affiliates, including all of their owners, members, shareholders, officers, directors, employees, agents, successors, assigns, predecessors, 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, who shall 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 this agreement, 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.


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, and 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 and 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 from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and/or (ii) your posting or use of materials on this Website.

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.


NON-WAIVER

Vegas Superkarts’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.


SOCIAL MEDIA

Vegas Superkarts reserves the right to remove commentary on its social media channels. We 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.


CHILDREN

This Website is intended for adults only, and is not intended for children under the age of 13. Vegas Superkarts reserves the right to suspend or terminate access to this Website if it discovers the Website is being used by children.


INTELLECTUAL PROPERTY

All content and materials available on filguru.ai, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Vegas Superkarts and are offered protection 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 Site;

(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 on the Website 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: [702-802-5690]


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 our 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 702-802-5690.


PURCHASE & ORDER

The order or purchase of any Vegas Superkarts product or service indicates that you have read and accepted the below stated 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. Also, 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.

A purchase will be validated once received by postal mail or email together with the Vegas Superkarts reservation form duly completed and payment of 100% of the purchase amount including and taxes applicable by credit card, wire transfer or check.

Gift certificates delivered by Vegas Superkarts have no expiration date. Purchases are NON-refundable or redeemable for cash but can be transferred to another party providing all requirements are met. These qualifications include written consent from purchasing party acknowledging the transfer and the new applicants complete information signed and dated. This information must include new participant’s full name, age, address as well as phone and email contact information. The validity of the transfer will expire 1 year after of the original purchase date from the original purchasing party.

Should you need to reschedule your experience, there is a 15% fee if you are within 15 days prior to your scheduled track date. Should you reschedule on the track day or after there is a 30% reschedule fee since we are reserving the exotics for you. Changes may be made to Vegas Superkarts’s products or services, at any time, without notice.


DRIVING EXPERIENCE, GO-KART & RIDE-ALONG CONDITIONS

All Vegas Superkarts drivers participating in the experience must be at least 18 years of age and have a valid Driver's license. All drivers participating in the driving program will be required to furnish a valid Driver's License or equivalent on date of experience which will be used for identification purposes as well as proof of general driving skills needed to operate vehicles during track experience. Ability to operate a manual transmission is not required for participation. Participants scheduled to a ride-along under the age of 18 must be accompanied by an adult who must give written consent.

Ride-along must be at least 11 years of age, 59” and 80 lbs minimum.

GoKart participants must be at least 14 years of age, and at least 55” in a 1-seater. GoKart drivers of 2- seater must be at least 16 years of age, and the passenger must be at least 42” tall.

All participants will be required to sign an Adult Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement at the event. All participants are required to wear a helmet on track.


RESERVATION & BOOKING OF EVENTS

Reservations are required for all driving events: space is limited and is filled on a first come first serve basis. Reservations are not cancellable or refundable. In the event you cancel your reservation or do not show up for your scheduled event, your order and payment will not be refunded. This reservation is transferable to another party meeting the qualification requirements with express written consent from the original recipient.

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 one year form date of purchase.

The receiver of the gift certificate or the package experience will subsequently choose the date of the event among available dates. The holder of the gift certificate reserves the right to reschedule up until 15 days prior to the event date. Once within 15 days of the event, no changes can be made without incurring additional fees.


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 may include 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 reschedule you for another available date in the next two months. In the case of event refusal of any of the newly proposed events, your event date and experience will be considered terminated. A refund will not be issued due to rainouts or cases of force majeure. In case of inclement conditions occurring after the event has began, the latter 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 able to claim for the uncompleted portion of your experience. Any delay or timing extension of your experience due to a rain-out or force majeure conditions will not allow for any dispute, discount or rebate.


PRICE & PAYMENT CONDITIONS

Prices mentioned on our website, our brochures and any of our commercial supports as listed are before any applicable tax. Vegas Superkarts reserves the right to modify its prices without notice. Full payment by check, wire transfer or credit card must be received to validate the reservation.