PLEASE READ: Motorcycle/ATV/UTV riding, racing and motor sports are dangerous. Participation in these activities can result in severe injury, paralysis, or death. Participation in these activities should always be done with extreme caution and use appropriate safety equipment and precautions. IMMIX Racing.com, Clandestiny LLC, Ferreus Industries, Inc., the manufacturers and distributors of any product on this website do not warrant, guarantee, or represent either expressly or implied, the performance of the products sold on this site. Any and all use of the products sold on this website, or sold via any other retail venue, are done at your sole risk.
By purchasing any product/s from this site or elsewhere, including those manufactured by IMMIX Racing, you agree to hold IMMIX Racing.com, Clandestiny LLC, , Ferreus Industries, Inc., and it's related affiliates, subsidiaries, or assigns completely harmless from any injury, death or damage resulting from the use of the products on this site. Prudence and caution should always be used when using these products. All content on this site is for informational purposes only and does not represent a warranty or guarantee of product performance.
This Web Site, IMMIX Racing.com, ("Site") is owned and operated by Clandestiny LLC, Ferreus Industries, Inc., (collectively, "IMMIX Racing").
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
IMMIX Racing does not sell products to children. IMMIX Racing only sells products to adults, ages 18 years and older, who can purchase them with a credit card. IMMIX Racing reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if IMMIX Racing believes that user conduct violates applicable law or is harmful to the interests of IMMIX Racing or its affiliates.
IMMIX Racing does not guarantee that product on the webstore is in stock. All orders are subject to product availability. A product SKU, Style, and/or color that is listed on the website, and available to add to the shopping cart, is not guaranteed in stock. All orders subject to available inventory.
Once submitted, an order cannot be cancelled. All order returns require an RA number.
Product that is used, not in brand new condition, or cannot be sold as new, cannot be returned or exchanged. Orders placed online may take up to 5 business days to ship. If an item ordered through the website is out of stock, on backorder, or no longer available, IMMIX Racing reserves the right to cancel the order with no recourse.
Orders are subject to product availability. Product in the store is not guaranteed in stock. The pricing listed on this site includes the resale of all packaging including the inner box and shipping box to you, the customer.
Returns and Exchanges
Should you want to return or exchange a purchase, you may do so at your sole expense. IMMIX Racing is not responsible for the cost of return shipping on product, whether for exchange or return. Product that is returned must be returned in brand-new, re-saleable condition and must not show any signs of wear. In addition, the packaging for the product must be in new condition (excluding the shipping box). In addition, all returns must be accompanied with an RMA (Return Merchandise Authorization) number.
IMMIX Racing is a trademark of Clandestiny LLC, Ferreus Industries, Inc., in the United States and other countries. IMMIX Racing reserves the right on other marks used on our Site or used offline as trademarks or registered trademarks of IMMIX Racing in the United States and/or other countries. All rights reserved.
This Site may refer to third-party trademarks. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all IMMIX Racing or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to IMMIX Racing or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of IMMIX Racing or any third party.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by IMMIX Racing or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of IMMIX Racing or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of IMMIX Racing or its lawful successors and assigns. For usage permission, contact us directly.
Notice of Copyright Infringement
IMMIX Racing respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide IMMIX Racing with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address, and daytime telephone number, and an email address if available, so that IMMIX Racing may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Please contact us via customers [at] IMMIX Racing.com for the correct physical mailing address for such legal correspondence.
License and Site Access
IMMIX Racing grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IMMIX Racing. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IMMIX Racing. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IMMIX Racing and our affiliates without express written consent. You may not use meta tags or any other hidden text using IMMIX Racing’s name or trademarks without the express written consent of IMMIX Racing. Any unauthorized use terminates the permission or license granted by IMMIX Racing.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or other relevant page of IMMIX Racing.com so long as the link does not portray IMMIX Racing or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any IMMIX Racing logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from IMMIX Racing.
Third Party and Co-Branded Web Sites
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than IMMIX Racing("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from IMMIX Racing to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. IMMIX Racing IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from IMMIX Racing. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with IMMIX Racing or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
Sending unsolicited email, including promotions and/or advertising of products or services, and
Forging any TCP/IP packet header or any part of the header information in any email or posting.
Risk of Loss
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, IMMIX Racing. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when IMMIX Racing delivers these items to the carrier.
IMMIX Racing attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars. IMMIX Racing does not guarantee the availability of product, even when listed on the site as available. At times, the website may not contain a correct representation of product available in stock. In such an event, IMMIX Racing may choose to reimburse the customer for the full amount charged to their credit card, or other payment method, and is exempt from reimbursing or any damages beyond the original charge.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate. In addition, many of the materials used in IMMIX Racing’s products are natural and, therefore, have naturally occurring variations in colors across production runs.
Information/Content on this Site
The information and content on this site is given for informational purposes only. This includes any advice or recommendations received verbally on the phone or in writing via email from IMMIX Racing, its employees and/or affiliates. All the testimonials on this site come from real people who actually own IMMIX Racing products. However, their experience and testimonials do not represent a guarantee of performance or results. Your results may vary significantly from their results when using IMMIX Racing products.
The IMMIX Racing Guarantee
IMMIX Racing guarantees every product we make.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY IMMIX Racing ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMIX Racing MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IMMIX Racing RESERVES THE EXCLUSIVE RIGHT TO CANCEL ANY ORDER, EVEN IF ALREADY PAID FOR AND CHARGED FOR REASONS INCLUDING, BUT NOT LIMITED TO: PRICE LISTING ERROR, ORDER PROCESSING ERRORS, LACK OF PRODUCT AVAILABILITY, FOR PRODUCT DISTRIBUTION REASONS, ETC.
IN NO EVENT WILL IMMIX Racing, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO IMMIX Racing THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
THE TESTIMONIALS AND OTHER CONTENT ON THIS SITE MAY NOT REPRESENT NORMAL RESULTS. IMMIX Racing IN NO WAY MAKES ANY GUARANTEES OR WARRANTY REPRESENTATION THAT THE REVIEWS, TESTIMONIALS, OR EXPERIENCES OF ONE CUSTOMER, AS SHARED THROUGH TESTIMONIALS, REVIEWS, OR QUOTES ON THE SITE, REPRESENT REASONABLE EXPECTATIONS OF PRODUCT PERFORMANCE. CUSTOMER REVIEWS, TESTIMONIALS, AND QUOTES ON THIS SITE ARE FROM THOSE WHO HAVE USED THE PRODUCTS AND ARE GATHERED FROM EMAILS SENT IN BY CUSTOMERS, PHONE CALLS RECEIVED BY CUSTOMERS, REVIEWS SUBMITTED AND POSTED BY CUSTOMERS ON IMMIX Racing.COM, OTHER WEBSITE REVIEWS, EDITORIAL REVIEWS, ETC.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Utah, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Utah. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to IMMIX Racing or to products you purchase through IMMIX Racing shall be submitted to confidential arbitration in Salt Lake City, Utah, United States of America, except that, to the extent you have in any manner violated or threatened to violate IMMIX Racing’s intellectual property rights, IMMIX Racing may seek injunctive or other appropriate relief in any state or federal court in the State of Utah, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify, and hold harmless IMMIX Racing and its affiliates, successors and assigns, and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by IMMIX Racing arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
Miscellaneous Legal Provisions
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and IMMIX Racing as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of IMMIX Racing’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by IMMIX Racing with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of IMMIX Racing to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between IMMIX Racing and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.
If you have any questions or concerns about the privacy or security of your information, you may contact us.
Non-Personal Information that We Collect
We may automatically collect non-personally identifiable information from you when you visit our Site. This information includes your Internet Protocol ("IP") address, which is the number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer our Site.
Personal Information that We Collect
We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order, or when we otherwise communicate with you. For example, through order forms on our Site and through signups for our mailing list, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address).
Information from Other Sources
Information that you give us may be combined with other personally identifiable information (such as order history and demographic information) from third-party sources to make our marketing efforts more efficient. Examples of other information we receive from third-party sources include updated delivery and address information, which we use to correct our records and deliver your next purchase or marketing materials more easily.
Uses of your Information
Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you. You may opt-out of receiving future mailings; see "How to remove your name from our mailing, sharing or email list" below.
If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important, and of potential employment opportunities with IMMIX Racing that you may find of interest, and of other events taking place in our stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the "How to remove your name from our mailing, sharing or email list" section below.
We use your shipping address to ship your products to you and we may send marketing mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses or other personally identifiable information, other than to the extent described in the “Disclosures of Your Information” section below. If you do not wish to receive mailings from us, please see the "How to remove your name from our mailing, sharing or email list" section below.
Disclosures of Your Information
We do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:
Service Providers: We employ other companies and individuals to perform certain services and functions on our behalf. Examples may include operating and maintaining our Site, taking orders, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes.
Sharing: We may share your name and postal address with other reputable companies so they may send you catalogs about products of potential interest. We do not share credit card information or email address with these third parties. If you prefer that we not share your name and postal address with other companies, please see "How to remove your name from our mailing, sharing or email list" section below.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share the information.
How to Remove your Name from Our Mailing, Sharing or Email List
How to Remove your Name from Our Mailing/Email List
Our Site provides you the choice to receive communications from us at the point where we request information about you.
Our Site gives you the following options for removing your information from our database to not receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
1. Unsubscribe from our newsletter
How to Correct your Name from Our Mailing, Sharing or Email List
Our Site gives you the following options for changing and modifying information previously provided.
1. You may send an email to customers [at] IMMIX Racing.com
Protection of Personal Information
We want you to feel confident about using IMMIX Racing.com or making purchases from IMMIX Racing, and we are committed to protecting the personal information we collect. While we cannot guarantee security, we have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us.
IMMIX Racing.com does not sell merchandise for purchase by children. If you are under 18, you may use our website only with the involvement of a parent or guardian. Should a child whom we know to be under 13 years of age send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
How to contact Us
If you have any questions or concerns about the privacy or security of your information, you may contact us in any of the following ways:
1. You may send an email to customers [at] IMMIX Racing.com
2. You may contact us via the “Contact Us” link located on our website menu.
EFFECTIVE DATE: August 1, 2009