Terms of service

 

Terms of Service for Track Day Tailor by Hypernaked Brand

 

Effective Date: September 22, 2025

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OUR WEBSITE, PLACING AN ORDER, OR USING OUR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTY, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY PROVISIONS.

Welcome to Track Day Tailor by Hypernaked Brand ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our website, our services, and the purchase and use of our products, including custom-made motorcycle suits and airbag systems ("Products").

1. Agreement to Terms By accessing our website or purchasing our Products, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use our services or purchase our Products.

2. User Responsibilities & Order Accuracy You are solely responsible for the accuracy of all information you provide to us, including but not limited to, measurements, design specifications, color choices, and contact information. We build our Products based on the exact information you provide. We are not liable for any issues related to fit, function, or appearance that result from inaccurate or incomplete information provided by you.

3. ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK, AND DISCLAIMER OF WARRANTY

This section is a cornerstone of your agreement with us. It is critical that you read and understand it fully.

  • 3.1. Acknowledgement of Inherent Dangers: You acknowledge that operating a motorcycle, whether on a racetrack or public road, is an inherently dangerous activity that presents a serious risk of property damage, severe bodily injury, and death. Protective gear is designed to mitigate some, but not all, of these risks.

  • 3.2. NO GUARANTEE OF PROTECTION: You expressly acknowledge and agree that our Products, including our custom suits and airbag systems, DO NOT AND CANNOT GUARANTEE YOUR SAFETY. While designed to high standards, our Products are not a guarantee against injury or death. Airbag systems may fail to deploy, may not deploy in time, or may not prevent injury even if they deploy correctly. The materials of a suit can be compromised under certain conditions. No piece of protective equipment can protect the wearer from all foreseeable or unforeseeable impacts, forces, or accidents.

  • 3.3. Voluntary Assumption of Risk: By purchasing and using our Products, you voluntarily and expressly assume all risks associated with motorcycling, whether known or unknown. This includes, but is not limited to, the risk of equipment malfunction, failure of a Product to perform as expected, and any resulting injury, however catastrophic. You accept full responsibility for your own safety.

  • 3.4. "AS IS" Disclaimer: All Products are sold on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permissible by law, Track Day Tailor disclaims all warranties, express or implied, in connection with our Products, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Products will prevent any specific injury.

4. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRACK DAY TAILOR, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, DEATH, DISABILITY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE, MISUSE, OR INABILITY TO USE OUR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any and all claims arising from the use of our Products is limited to the amount you paid us for the Product in question.

5. Indemnification You agree to defend, indemnify, and hold harmless Track Day Tailor and its affiliates, officers, directors, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of our Products in violation of any law or in a manner not intended by us; (ii) your violation of these Terms; or (iii) your provision of inaccurate information to us.

6. Intellectual Property All content on our website, including text, graphics, logos, and product designs, is the property of Track Day Tailor by Hypernaked Brand and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any of our intellectual property without our express written consent.

7. Governing Law & Dispute Resolution These Terms shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or our Products shall be instituted exclusively in the federal or state courts located in Buncombe County, North Carolina.

8. Changes to Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on our website. Your continued use of our services or Products after any such change constitutes your acceptance of the new Terms.