WAVIER OF LIABILITY & TERMS & CONDITIONS OF PURCHASE AGREEMENT:
By purchasing any items online (this website) or off-line (via phone or in person), I, as buyer, acknowledge and agree to be above 18 years of age. Buyer understands and agrees that what is posted in writing on this site are the only descriptions and features ATV4FUN.ca claims or offers on any vehicle for sale on this site. Buyer acknowledges to have read and understands the terms and conditions of sale, vehicle listing, description, tech information and features, and by purchasing any vehicle online (this website) or off-line (via phone or in person) has been informed via the written listing on this site of the vehicles features, description as well as terms and conditions of sale, warranty and return policy. Buyer fully agrees that any and all issues will be handled in accordance with the binding terms and conditions of sale policy (found here) and the warranty policy clearly stated on the items listing page. ATV4FUN.ca reserves the right to refuse service or sell to, cancel orders and or refund payments to anyone. ATV4FUN.ca reserves the right to change or delete vehicle as well as gear (accessories) listings.
ATV4FUN.ca reserves the right to change feature listings without notice and to ship the new item models without notice as models change. Prices, specifications, and images are subject to change without notice. Buyer acknowledges and agrees that ATV4FUN.ca is not responsible for listed features, typographical or illustrative errors. The pictures provided on this website are only a representation of the actual product being sold. On occasion the factory may without notice make changes to any product that are not represented in the pictures provided. We will make every attempt to keep all of our pictures, specifications, and color changes as up to date as possible. At no point will ATV4FUN.ca be held liable for factory authorized changes in design, specification, or color variations. The pictures provided on this website are only a representation of the actual unit being sold. On occasion the factory may without notice make changes to the units that are not represented in the pictures provided. ATV4FUN.ca will make every attempt to keep all of it’s pictures, specifications, and color changes as up to date as possible. At no point will ATV4FUN.ca be held liable for factory authorized changes in design, specification, or color variations not represented by our pictures or specification sheets.
I, as buyer, acknowledge and understand that riding an all-terrain-vehicle, Utility Vehicle, dirt bike, go kart, motorcycle, moped, pocket bike and gas scooter is a dangerous activity that requires various degrees of skill and experience for individual riders. I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge ATV4FUN.ca or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacture from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by ATV4FUN.ca or its parent company or your presence upon the premises , whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor. By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from ATV4FUN.ca or its parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as buyer, hereby certify that I am over the age of 18 years of age. I, as buyer, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the affect of the same. I, as buyer, am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risk, and waive and release certain substantial rights that I may have or possess. I, as buyer, therefore release all liability and waive all rights I may have in regards to my child’s, or myself, activities with any items purchased from ATV4FUN.ca
You (by purchasing from ATV4FUN.ca) agree that MOTOR VEHICLE (ALL TERRAIN) ACT CHAPTER 31 (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in CANADA at ATV4FUN.ca sole option, and that you submit to the exclusive jurisdiction of the federal and state courts. The failure of ATV4FUN.ca to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. The failure of ATV4FUN.ca or You to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement, accepted by You, upon Your purchasing from ATV4FUN.ca, contains the entire agreement between you and ATV4FUN.ca. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.