HAVOC

Welcome to Havoc Motorcycles website located at www.havoc-motorcycles.com. This website and all services related to this website (collectively, “Website” or “Site”) are provided by Havoc Motorcycles (‘we”, “us”, “our”), on the following terms and conditions. Please note that your use of this Site constitutes your agreement to follow and be bound by these Terms and Conditions (the “Terms”, or “Terms of Use”). Please review these Terms, as your use of this Site constitutes your Agreement to, and acceptance of, the Terms. If you do not agree with the Terms, please do not use this Site.

You are solely responsible for all service, telephony and/or other fees and costs associated with your access to and use of the Site, including but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.

DEFINITIONS

By “Agreement” we mean this agreement, and any specific third party terms referenced in this Agreement.

By “Company” we mean Havoc Motorcycles, a company incorporated pursuant to the laws of Canada and incorporated under the Canada Business Corporations Act, with its seat at 130 Jewell Road, Cornwall, Prince Edward Island, C0A 1H9.

By “Content” we mean all data, audio, graphics, illustrations, icons, images, links, logos, photos, pictures, text, video, and other files and the selection and arrangement thereof;

By “Downtime” we mean any time in which a computer on the internet is unable to connect to this Site, due to an unavailability of the service.

By “Personal Information” we mean any information provided by Users of the Site that is personal to that individual that would be classified as personal information and worthy of protection at law.

By “User Information” we mean any information users provide to us.

By “Terms” or “Terms of Use” we mean these terms of use that you are agreeing to by using havoc-motorcycles.com as provided for in this Agreement, as may be amended from time to time in accordance with this Agreement.

By “us,” “we” and “our” we mean Havoc Motorcycles, and its affiliates, representatives, directors, officers, agents, partners and others associated with Havoc Motorcycles.

By “Use” we mean your interaction with this Site, including reading and temporarily caching for the purposes of reading or retrieving information displayed on this Site, providing User Information, or making purchases through the facilities of this Site.

By “User” we mean anyone who visits, browses, interacts with or otherwise uses this Website.

By “you” and “you” we mean a User of this Site.

INTELLECTUAL PROPERTY

This Site, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, trademarks, trade names, service marks, and any other materials on this Site, as well as the selection and arrangement thereof (the “Content”), are owned by Havoc Motorcycles, or by a registered copyright and/or trademark/copyright owner and they are used on this Site with permission of the registered trademark/copyright owner.

The word marks and design marks “Iron Flight”, “Iron Flight Logo”, and “Iron Flight Tank Design” are owned by Tyrannic LLC and are used by permission of Tyrannic LLC.

All the intellectual property rights are reserved.

Subject to the restrictions set out below and elsewhere in these Terms, we grant you permission to view, display, copy, distribute, print, and download the Content from this Site for personal, non-commercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices (i.e., logos) contained in or on the Content.

You agree that you will not:

  • copy video, audio, or text from this website other than in a temporary cache that is strictly necessary to use the Site and that automatically erases on exiting your web browser;
  • create, permit, authorize, or cause to be created, derivative works, translations, reverse engineering, decompiling, disassembling or hacking of any aspect of the Site or any part thereof;
  • reproduce, distribute, copy, republish, display, publicly perform, publicly communicate, show in public, sell, rent, sub-license, or otherwise exploit content and material from this website for any purpose including a commercial purpose unless permitted in writing by Havoc Motorcycles;
  • frame, embed, or pass off content of this Site in such a manner as to present them as originating from a source other than from Havoc Motorcycles;
  • use any trademark, logos, photographs or other content belonging to Havoc Motorcycles obtained from this Site;
  • edit or otherwise modify any material on the website.

You may not distribute, copy, reproduce, display, republish, download, upload or transmit any Content on this Site for any commercial use without our prior written approval.

Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark used or displayed on the Site, without our express written permission of the Trademark owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.

You are hereby advised that any unauthorized use of the Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Furthermore, Havoc Motorcycles and/or the Trademark Owner(s) of Content on this Site reserve(s) the right to pursue infringements of intellectual property rights to the full extent of the law.

PRODUCT INFORMATION

We make every attempt to ensure that the content and product descriptions on this Site are kept up to date. However, be advised that some features depicted on this Site may be substituted with alternative features on motorcycles sold in your Country, State, or Province where we are required by law, such as safety regulations or emissions regulations, to do so. Furthermore, we reserve the right to alter the specifications of our motorcycles at any time, without notice, for design, safety, or performance improvements, which in our sole discretion we deem necessary or desirable. You can find out the exact specifications of the current motorcycles sold in your area by contacting Sales by phone at 1-855-694-2862 or by email at: sales@havoc-motorcycles.com.

Because there could be a time delay in updating this website, we do not warrant that merchandise descriptions or other Content on this Site is accurate, complete, current, or error-free. You are encouraged to contact Sales (by phone at 1-855-694-2862 or by email at: sales@havoc-motorcycles.com) to find out what new features, options, or other changes or updates have been made to our motorcycles or accessories. You may also visit notice posted on our social media pages which you can find at https://www.facebook.com/HAVOCMotorcycles or https://twitter.com/HAVOCMotorcycle.

PRODUCT AVAILABILITY

We are a limited production manufacturer, which means that the stock of motorcycles available for immediate delivery from the Factory any given time may be limited. Usually the delay to fulfill a customer’s order is in the order of 4-5 months, or longer if a customer orders a special graphics program. If you require a motorcycle sooner, contact us and we will direct you to an Authorized Dealer that has stock immediately available.

Havoc Motorcycles distributes its motorcycles through Authorized Dealers, who are granted exclusive sales territories. Persons residing in an Exclusive Sales Territory of an Authorized Dealer will be referred to their local Authorized Dealer. Such persons may not purchase a motorcycle directly from the Factory, and we reserve the right to assign any purchases made by persons to an Authorized Dealer, and to notify the purchaser.

TYPOGRAPHICAL ERRORS

In the event that a product is mistakenly listed at an incorrect price on this Site, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, irrespective of whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will refund your credit card account in the amount that you paid.

SITE TRANSACTIONS

While prices for motorcycles are displayed on the Site and online payments are enabled, you are advised to contact the sales department in advance of making any deposit at sales@havoc-motorcycles.com or by phone at 1-855-MYHAVOC (1-855-694-2862)

Making a deposit for a motorcycle through this website does not automatically mean that your order is accepted. We reserve the right to prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors that have not been approved by us as an Authorized Dealer. If we limit or cancel an order, we will attempt to notify you through the e-mail, billing address or telephone number you provided when the order was placed.

To confirm your order, you must complete and sign a Sales Order that has the full terms and conditions of the sale. You may request a copy of the Sales Order by email or telephone prior to placing an order.

We offer a 3% discount to customers who make their deposit and final payment by cheque, money order, bank draft, or bank transfer rather than through the payment facilities on this website.

PERSONAL INFORMATION

We do not hold personal information about you on this Website, other than your email address if you choose to subscribe to our newsletter. By signing up to our Newsletter, you give us permission to email you with special offers and promotions from time to time. We will not email you without your expressed consent.

DISCLAIMER OF WARRANTIES

Your use of this Site is solely at your own risk and discretion. We make no representations or warranties in relation to this website. This website is provided “as is” and we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

We try to keep this Site available but you use it at your own risk.

This Site and the Content are provided on an “as is” basis without any warranties of any kind about the accuracy, reliability, completeness, or timeliness of the content, services, software, graphics, and links.

We are not responsible for any downtime. From time to time, technical or other operational difficulties may result in a loss of data, loss of personalized settings or loss of other services and you agree that you shall not hold us responsible for any losses or damages associated with such glitches.

We do not guarantee that this Site will be uninterrupted, timely, secure, safe, error free, provide desired results, or be reliable or accurate. We do not guarantee or warrant that this Site will be safe or secure.

Any material downloaded from this Site is done at your own discretion and risk and we are not responsible for any damage to your computer system, settings, account, or loss of data that may result. We provide no warranty that it is safe to download Site Content. You do so at your own risk and you release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim.

LIMITATIONS OF LIABILITY

To the extent that any part of this Agreement is not consistent with any other part of the Terms of Use, then this section shall override it.

You acknowledge and agree that Havoc Motorcycles, its affiliates, agents, directors, employees, licensors, officers, partners, and representatives will not be liable for any direct, indirect, consequential, incidental, special, or any other damages or losses including but not limited to damages for loss of opportunity, use, data, or other tangible or intangible losses resulting from the use or inability to use this Site.

We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement, even if we have been advised of the possibility of such damages.

Our aggregate liability arising out of this Agreement will not exceed one hundred dollars in Canadian currency (CDN$100).

EXCLUSIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any death or personal injury caused by this Website’s negligence; fraud or fraudulent misrepresentation on the part of this Site; or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby agree to protect, indemnify, and fully compensate Havoc Motorcycles and its affiliates, agents, directors, employees, licensors, officers, partners, and representatives, and undertake to keep Havoc Motorcycles and its affiliates, agents, directors, employees, licensors, officers, partners, and representatives indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by Havoc Motorcycles to a third party in settlement of a claim or dispute on the advice of Havoc Motorcycles or its legal advisers incurred or suffered by Havoc Motorcycles arising out of any breach by you of any provision of these terms and conditions, including but not limited to any liabilities associated with defamation, infringement of intellectual property, misappropriation and any and all other potential liabilities, or arising out of any claim that you have breached any provision of these terms and conditions.

AMENDMENTS

We can change this Agreement, or any part thereof, at our sole discretion. Any revisions to the Terms are effective upon posting to the Website. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of this Site after any revision to these Terms constitutes your binding acceptance of the revised Terms as posted from time to time..

NOTICES AND ELECTRONIC COMMUNICATION

By communicating with us electronically, you agree that we may communicate with you electronically.

BREACHES OF THESE TERMS AND CONDITIONS, AND TERMINATION

Without prejudice to our other rights under these Terms, if you breach these terms and conditions in any way, including if you violate the letter or spirit of this Agreement, or otherwise create possible legal exposure for us, we may at our sole discretion take such action as we deem appropriate to deal with the breach, including bringing court proceedings against you.

ASSIGNMENT

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law, or otherwise.

DISPUTES

By accessing this Site, you agree irrevocably that you will resolve any claim, cause of action, or dispute you have with us arising out of or relating to this Agreement according to the laws and jurisdiction of the Province of Prince Edward Island, Canada. The laws of the Province of Prince Edward Island, Canada, will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the Province of Prince Edward Island, Canada, for the purpose of litigating or otherwise resolving all claims.

SEVERABILITY

If one or more provisions of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, such provision will be deemed to be superseded by a valid and enforceable provision that most closely matches the intent of the original provision.

If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

The remainder of this Agreement and its other provisions will continue in effect without disruption or variation.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

OTHER

If we fail to enforce any part of this Agreement, it will not be considered a waiver. Any amendment to or waiver of this Agreement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.

Nothing in this Agreement shall prevent us from complying with the law.

This Agreement does not confer any third party beneficiary rights.

CONTACT INFORMATION

If you have any questions or comments regarding these Terms, please contact our corporate Head Office by telephone at 1-855-MYHAVOC (1-855-694-2862) or by email at Sales@havoc-motorcycles.com.

These Terms and Conditions were revised on 18 September 2015.

© 2015 Havoc Motorcycles. All Rights Reserved.