Disclaimer
Warnings and Liability Disclaimer
MOTORCYCLING, AND OTHER ACTION SPORTS ARE INTRINSICALLY DANGEROUS ACTIVITIES, WHICH MAY RESULT IN INJURY AND/OR DEATH. GDM PRODUCTS ARE DESIGNED TO OFFER COMFORT AND HIGH PERFORMANCE, AND EVEN IF SPORTS PEOPLE SHOULD WEAR APPROPRIATE PROTECTIVE CLOTHING, NO PRODUCT CAN OFFER TOTAL PROTECTION AGAINST INJURY OR DAMAGE OF ANY KIND TO PEOPLE OR TO PROPERTY IN THE EVENT OF A FALL, COLLISION, IMPACT, LOSS OF CONTROL ETC. ALL MOTORCYCLISTS AND OTHER SPORTS PEOPLE MUST BE FAMILIAR WITH THE ACTIVITY THEY ARE DOING AND AWARE OF THEIR ABILITIES AND LIMITATIONS WITH REGARD TO THE ACTIVITY AND THE EQUIPMENT THEY ARE USING. THEY MUST ALSO ACKNOWLEDGE ANY POTENTIAL RISKS INVOLVED AND DECIDE WHETHER SUCH RISKS SHOULD BE TAKEN OR NOT. GDM SHALL NOT BE HELD LIABLE FOR ANY PERSONAL INJURY OR DAMAGE TO PROPERTY WHILE GDM PRODUCTS ARE BEING WORN. GDM PROVIDES NO EXPLICIT OR IMPLICIT GUARANTEE REGARDING THE SUITABILITY OF ITS PRODUCTS FOR ANY PARTICULAR USE, NEITHER DOES IT GUARANTEE THE DEGREE OF PROTECTION THAT SUCH PRODUCTS ARE CAPABLE OF PROVIDING AGAINST PERSONAL INJURY, DEATH OR DAMAGE TO PROPERTY.
Use of the Website
The Website: The website www.ridegdm.com (hereinafter referred to as the “Website”) is owned by Motorcycleshelmets, Inc. with its headquarters in the USA, 9840 Glenoaks BLVD, Sun Valley CA (hereinafter referred to as “GDM”).
Access to and use of the Website — including browsing pages, communicating with GDM, downloading product information, and purchasing items — are permitted solely for the user’s personal, non‑commercial use. Users may not use the Website or its contents for commercial, business, or professional activities. The user is exclusively responsible for their use of the Website and any materials obtained from it.
Permitted Reproduction
GDM grants users a limited, non‑exclusive license to view, download, and print materials from the Website solely for personal, non‑commercial consultation. This authorization applies to the Website’s content and graphic layout, including but not limited to images, illustrations, graphics, animations, videos, text, icons, drawings, and trademarks, subject to all applicable intellectual property rights held by GDM or third parties.
Acceptance of Terms
By consulting the Website or downloading any content or materials, the user accepts these Terms and Conditions. If the user does not accept these terms, they must not use the Website. Certain downloads or services may be subject to additional terms which the user must accept to use those features.
Accuracy and Availability
GDM endeavors to ensure the accuracy of materials published on the Website but does not guarantee completeness or correctness. All Website content, including product catalogs and price lists, may be modified, updated, or removed at GDM’s sole discretion and without prior notice. GDM has no obligation to keep Website content current.
Geographic Availability
Information on the Website may relate to products, programs, or services that are not available in the user’s jurisdiction. Users are responsible for contacting the appropriate GDM subsidiary or authorized local dealer, using the links provided on the Website, to confirm availability and obtain accurate local information.
Termination for Breach
If the user breaches any provision of these Terms of Use, GDM may immediately terminate the user’s authorization to access the Website. Upon termination, the user must promptly destroy any materials downloaded or printed from the Website.
Liability
As Is Provision
The Website, its content, features, services, and any materials available through the Website are provided "as is" and "as available" without representation or warranty of any kind.
DISCLAIMER OF WARRANTIES
No Warranties
To the fullest extent permitted by applicable law, GDM expressly disclaims all warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, noninfringement, and any warranty arising from course of performance, course of dealing, or usage of trade.
LIMITATION OF LIABILITY
No Liability for Damages
GDM, together with its officers, directors, employees, agents, affiliates, representatives, successors and assigns, shall not be liable to the user or any third party for any direct, indirect, incidental, special, consequential, punitive, exemplary, or other damages, losses or expenses (including lost profits, lost revenue, loss of business opportunity, loss of data, reputational harm, and legal fees) arising out of or in connection with: the use of or inability to use the Website or any linked site; reliance on information, content, products or services obtained via the Website; delays, interruptions, errors, omissions, or defects in the Website or its content; or any acts or omissions of third parties, regardless of legal theory and even if GDM has been advised of the possibility of such damages.
Capped Remedies
Where applicable law permits limitation of liability, GDM’s aggregate liability for all claims arising out of or relating to the Website, its content, or any materials supplied shall be limited to the lesser of: (a) the actual direct damages incurred by the claimant; or (b) the total amount paid by the claimant to GDM for the specific product or service giving rise to the claim.
RISKS AND USER RESPONSIBILITIES
Transmission and External Systems
The user acknowledges that transmission and processing of data in connection with Website services may involve third‑party networks, systems, hardware and software beyond GDM’s control. GDM does not warrant uninterrupted or error‑free access, nor does it warrant that the Website is free of viruses, malicious code, corrupted files or other disabling features.
User Obligations
The user is solely responsible for: verifying that Website content meets their requirements; maintaining the confidentiality and security of any access credentials; safeguarding personal devices and data; and complying with all applicable laws and manufacturer instructions. The user remains liable for any damage or loss to GDM or third parties resulting from improper use, loss, theft or unauthorized disclosure of access credentials.
MODIFICATIONS AND SERVICE CHANGES
Right to Modify
GDM reserves the right, at its sole discretion and without prior notice or compensation, to modify, suspend, restrict or discontinue any aspect of the Website, its content, features or services for technical, operational, legal or regulatory reasons.
APPLICABLE LAW AND ENFORCEABILITY
Governing Law
These provisions are governed by and shall be construed in accordance with the laws of the United States, without regard to conflict of law principles.
Exceptions Required by Law
Nothing in these provisions purports to exclude or limit liability to the extent such exclusion or limitation is prohibited by mandatory applicable law, including liability for death or personal injury caused by GDM’s gross negligence or willful misconduct.
Severability and Survival
If any provision of this Liability clause is held invalid, illegal or unenforceable in whole or in part, such provision shall be modified or severed to the minimum extent necessary so as to be enforceable and the remaining provisions shall remain in full force and effect. The provisions of this Liability clause survive termination of access to the Website and any related transactions.
INTELLECTUAL PROPERTY RIGHTS
Proprietary Rights
The name and logo “GDM” are registered trademarks of motorcycleshelmets, Inc. All content on the Website, including but not limited to written works, images, photographs, audio, video, documents, drawings, diagrams, logos, menus, web pages, graphics, color schemes, layout, tools, characters, methods, processes, functions, and software (collectively, the “Contents”), are protected by copyright, trademark, database and other intellectual property laws and are the exclusive property of GDM or its licensors.
LICENSE AND RESTRICTIONS
Limited License for Personal Use
GDM grants no rights in the Contents except the limited right to view and, where expressly permitted, to download or print a single copy of the Contents solely for the user’s personal, non‑commercial use, subject to these Terms of Use and all applicable intellectual property laws.
Prohibited Uses
Except with GDM’s prior express written consent, users shall not reproduce, modify, distribute, transmit, publish, display, perform, create derivative works from, sell, license, rent, frame, mirror, or otherwise exploit the Contents in whole or in part in any form or by any means. Users shall not upload the Contents to any other website, network, or electronic retrieval system or use the Contents for any commercial purpose.
TRADEMARKS AND DOMAIN NAMES
Third Party Marks
All trademarks, service marks, trade names, logos, product names and domain names of third parties displayed on the Website are the property of their respective owners. Such marks are used solely for identification and descriptive purposes in connection with the products and services offered on the Website.
Prohibition on Unauthorized Use
No right, title or interest in any trademark or domain name appearing on the Website is transferred to the user by virtue of their use of the Website. Any use of GDM’s or third‑party trademarks or domain names without the respective owner’s prior written permission is strictly prohibited and may give rise to legal liability.
RESERVATION OF RIGHTS
GDM and its licensors expressly reserve all rights not expressly granted herein. Nothing contained on the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right under any intellectual property right of GDM or any third party. Violations of these provisions may subject the offending party to civil and criminal liability to the fullest extent permitted by law.
