Terms Of Service
These Terms of Service (“Terms”) govern your access to and use of the Vexcite website and the purchase, ownership, or use of any Vexcite product.
By accessing this website, placing an order, or using any Vexcite product, you agree to be legally bound by these Terms.
If you do not agree to these Terms, do not use this website or purchase our products.
1. Company Information
This website is operated by Vexcite Inc., a Minnesota corporation (“Vexcite,” “we,” “us,” or “our”).
We reserve the right to modify these Terms at any time. Updates will be posted on this page with a revised effective date. Continued use of the website or products after updates constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to purchase Vexcite products.
By purchasing or using our products, you represent that you have the legal capacity to enter into a binding agreement.
3. Nature of Product and Safety Acknowledgment
Vexcite products are high performance electric vehicles intended for experienced riders.
They are not toys. Certain models may be capable of substantial acceleration, torque, and speed depending on configuration and rider use.
Operation involves inherent risks, including but not limited to:
- Collisions
- Loss of control
- Component failure
- Falls
- Environmental hazards
- Serious bodily injury or death
By purchasing, assembling, or operating a Vexcite product, you acknowledge and voluntarily assume all risks associated with use.
You are solely responsible for safe operation, protective gear, compliance with traffic laws, and ensuring the product is appropriate for your skill level.
4. Product Specifications and Modifications
All specifications, performance metrics, images, CAD renderings, and descriptions are provided for informational purposes only.
Final production units may differ in appearance, components, materials, firmware, controller settings, or performance characteristics.
We reserve the right to:
- Modify product design
- Substitute components of equal or greater quality
- Adjust firmware or controller configurations
- Improve or revise specifications
No marketing statement, advertisement, estimated performance figure, or projected timeline shall be interpreted as a guarantee.
Information Collection
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5. Orders and Payment
All orders are subject to acceptance by Vexcite.
We reserve the right to refuse or cancel any order for reasons including but not limited to:
- Pricing errors
- Product availability
- Suspected fraud
- Regulatory concerns
- Payment processing issues
Full payment is required at the time of purchase unless otherwise agreed in writing.
All transactions are processed through third party payment processors. By submitting payment, you authorize us to charge your selected payment method.
Fraudulent chargebacks, payment disputes made in bad faith, or attempts to retain products while reversing payment constitute a material breach of these Terms. Vexcite reserves the right to pursue recovery of funds, collection costs, legal fees, and associated damages.
6. Pre Orders and Deposits
If Vexcite offers pre orders, reservation deposits, or early access purchases, those transactions are subject to the separate published terms applicable to those transactions.
Estimated delivery dates are projections only and are not guaranteed.
Production schedules may change due to manufacturing, supply chain, regulatory, funding, or engineering factors.
7. Shipping and Risk of Loss
Shipping timelines are estimates only.
Title and risk of loss transfer to the purchaser upon delivery to the shipping address provided.
Customers must inspect shipments immediately upon receipt and report visible damage within the timeframe specified in our Shipping Policy.
Failure to report shipping damage within the required timeframe may limit claim eligibility.
8. Security and Retention
No security measures are perfect or impenetrable, and we cannot guarantee perfect security.
Information sent to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information.
How long we retain personal information depends on several factors, including whether we need the information to maintain an account, provide services, comply with legal obligations, resolve disputes, enforce contracts or policies, or maintain business records.
8. Warranty
Warranty coverage is governed by our separate Warranty Policy.
Warranty does not cover damage resulting from:
- Improper assembly
- Unauthorized modifications
- Controller tuning changes
- Aftermarket parts
- Improper charging
- Racing, stunt riding, or abuse
- Accidents
- Water submersion
- Operation beyond recommended parameters
Opening battery enclosures or modifying electrical systems voids warranty coverage.
9. Compliance With Laws
You are solely responsible for determining whether the product is legal to operate in your jurisdiction.
Laws regarding registration, licensing, insurance, power limits, helmet requirements, and road use vary by location.
Vexcite makes no representation that its products are street legal in every jurisdiction.
10. Assumption of Risk, Release, and Waiver
To the fullest extent permitted by law, you agree to release, waive, and discharge Vexcite Inc. and its owners, officers, directors, employees, contractors, affiliates, successors, and assigns from any and all claims, demands, causes of action, damages, or losses arising from:
- Use or misuse of the product
- Accidents or crashes
- Improper maintenance
- Failure to follow instructions
- Unauthorized modifications
- Acts of third parties
This release applies except in cases of proven gross negligence or willful misconduct by Vexcite.
You understand that this release includes claims that may be unknown at the time of purchase.
California Civil Code Section 1542 Waiver
If you are a California resident, you expressly waive the provisions of California Civil Code Section 1542, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected their settlement with the debtor.”
You acknowledge that you may later discover claims or facts different from those now known, and you nevertheless waive any such unknown claims to the fullest extent permitted by law.
11. Limitation of Liability
To the maximum extent permitted by law, Vexcite shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
In all circumstances, Vexcite’s total liability shall not exceed the purchase price paid for the product giving rise to the claim.
Some jurisdictions may not allow certain limitations. In such cases, liability is limited to the fullest extent permitted by law.
12. Intellectual Property
All trademarks, logos, designs, CAD models, renderings, images, text, and website content are the exclusive property of Vexcite.
You may not reproduce, distribute, modify, or commercially exploit any content without prior written permission.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms, the website, or any product shall be resolved through binding arbitration administered by the American Arbitration Association.
The arbitration shall take place in Los Angeles County, California.
Arbitration shall be conducted on an individual basis only. You waive any right to participate in a class action or class arbitration.
Nothing in this section prevents Vexcite from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property or enforce payment obligations.
14. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with referenced policies, constitute the entire agreement between you and Vexcite regarding use of the website and purchase of products.