Terms & Conditions
Additions to Website Content
Any new products, pages, or other content added to this website will also be subject to these TOU. The most current version of these terms will be available on this page. KTM reserves the right to update, change, or replace any part of these TOU. It is your responsibility to check this page periodically for changes. Your continued use or access of the website following the posting of any changes constitutes acceptance of those changes.
This website contains intellectual property owned by KTM, including copyrights, trademarks, and proprietary information. KTM reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the website content, in whole or in part, without the prior, express written agreement of KTM.
Sharing of content to social media or blogs is allowed, as long as proper credit is given to KTM and an active link is provided to the original content on this website.
Description of Website Offerings
KTM endeavors to describe and display the content and products shown on this website as accurately as possible. Please do not accept that this website is entirely accurate, current, or error-free. From time to time KTM may correct errors in pricing and product descriptions. We reserve the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.
Page and Video Comments
KTM invites comments to our pages and video posts. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. We reserve the right to remove any commentary that does not meet the standard of respectful inquiry or debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to this website, by posting material on this website, you grant KTM a worldwide, perpetual, nonexclusive license to use the material in relation to published content on this website and related publications.
This website contains links to third party websites and resources. You acknowledge and agree that KTM is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
KTM does not guarantee, represent, or warrant that your use of this website, or the products offered therein, will be uninterrupted, timely, secure, or free of errors. We do not warrant that the results that may be obtained from your use of this website, or the products offered therein, will be accurate or reliable.
You agree that from time to time KTM may remove all or some of the products offered on this website for indefinite periods of time.
You expressly agree that your use of, or inability to use, this website is at your sole risk. This website and all products delivered to you through this website are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
No Consequential Damages
To the full extent permitted by law you agree that under no circumstances shall KTM be liable (i) for any indirect, special, punitive, incidental, or consequential damages, or any other damages arising in any way out of the use, reliance on, or inability to use this website or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in this website or its products. In no event shall KTM’s cumulative liability to you exceed the total purchase price of the products you have purchased from KTM or this website.
You agree to defend and indemnify KTM against any and all liability, claims, and losses, including third-party claims, arising out of any breach by you of these TOU or any use by you of this website or its products. You shall not settle any third party claim or waive any defense without KTM’s prior written consent.
KTM may at any time amend these TOU. Such amendments are effective immediately upon notice to you by us posting the new TOU on this website. Any use of this website by you after being notified means you accept these amendments.
Digital Millennium Copyright Act [“DMCA”]
KTM respects the copyrights of others. If you see any content on this website that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on this website; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to firstname.lastname@example.org.
Governing Law and Dispute Resolution
You agree that the laws of the State of Colorado, excluding its conflicts-of-law rules, shall govern these TOU and your use of this website. You expressly agree that exclusive jurisdiction for any claim or dispute with KTM, resides in the courts of the State of Colorado, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court.
As a condition precedent to your filing any claim or action against KTM, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Colorado Springs, Colorado, each party to bear its own costs. Any cause of action you may have with respect to your use of this website must be commenced within one year after the claim or cause of action arises.
If any term, provision, or condition of these TOU is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the TOU shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effect of Headings
The subject headings of the paragraphs of these TOU are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement / Waiver
Date of Last Update
December 28, 2020
Questions about the TOU should be sent to us at: email@example.com.