Simmons Motorsports Inc. — Terms and Conditions

Version: September 3, 2026

Important Legal Notice

Please read before ordering. These Terms address online purchases and the safe handling and use of electric vehicles, parts, and batteries.

• Section 6.4 contains conditions for off-road vehicles sold with factory speed or power restrictions.

• Sections 12–18 address assembly, safety, activity risks, a limited release, other riders, and responsibility for certain third-party claims.

• Section 21 limits certain recoverable losses.

• Section 28 contains individual arbitration, restrictions on class proceedings, and a 30-day opportunity to opt out.

The protections in Section 1 apply throughout.

1. Parties and Scope

The seller is Simmons Motorsports Inc., referred to below as “Simmons,” “we,” or “us.” “You” means the customer or person using our online store. “Store” includes our website at www.simmonsmotorsportsinc.com, online customer accounts, and related online services.

“Goods” includes the merchandise that we actually offer for sale:

• Electric bicycles and electric motorcycles;

• Conversion equipment and components;

• Batteries and chargers; and

• Accessories, protective equipment, and other merchandise.

These Terms address:

• Store access and purchases;

• Delivery and support; and

• Customer responsibilities associated with assembling, operating, charging, maintaining, modifying, or transferring the Goods.

They apply only where properly presented and accepted or otherwise legally applicable.

Rights that the law does not allow a customer to surrender remain protected. No provision authorizes fraud, unlawful conduct, or the avoidance of a mandatory safety duty. Nothing here removes nonwaivable rights relating to product defects, inadequate warnings, consumer protection, refunds, or warranties. Limitations and releases operate only within their lawful scope. A mandatory protection applicable to a particular customer or transaction takes precedence over conflicting wording in these Terms.

2. Acceptance and Electronic Agreement

2.1 Checkout Acceptance

Where checkout requires acceptance, selecting the agreement box and submitting the order signifies that you:

• Received an opportunity to review these Terms;

• Agree to the version identified at checkout;

• Confirm your authority to make the purchase; and

• Confirm the accuracy of the information supplied.

Additional product-specific acknowledgments may be required before we accept an order.

2.2 Electronic Signature and Records

We intend applicable electronic acceptance to serve as a signature. Transaction communications may be delivered electronically, subject to any legally required consent, disclosure, or alternative delivery procedure.

Please retain a copy of:

• These Terms;

• The product description;

• The warranty; and

• The order confirmation.

We may preserve acceptance records, consistent with applicable privacy notices and law, such as:

• The version presented;

• The acceptance date;

• The order identifier;

• The acknowledgment wording; and

• Information reasonably needed to document the transaction.

Simply receiving a gift or borrowing a vehicle does not establish that the recipient agreed to this contract. Nor does this section substitute for a separately required safety release or electronic-records consent.

3. Eligibility and Authority

Purchasers must be:

• At least 18 years old;

• Legally able to contract; and

• Legally eligible to buy the selected Goods.

When ordering for an organization, you confirm authority to act for it.

We may decline purchases that are:

• Prohibited by law;

• Based on materially false information; or

• Intended for unlawful use, diversion, or export.

4. Incorporated Policies and Order of Priority

The agreement also includes applicable terms disclosed before purchase:

• Product descriptions;

• Safety instructions and manuals;

• Warranties;

• Return rules;

• Promotions; and

• Any separately signed agreement.

Financing and service-contract providers may have their own contracts.

If documents conflict, the following order applies:

1. A separately negotiated written agreement signed by an authorized Simmons representative controls first.

2. Product-specific terms control their particular subject.

3. The Return Policy in Section 11 controls voluntary returns and cancellations.

4. These general Terms govern the balance.

None can displace a mandatory legal protection. A customer's purchasing form does not change our agreement unless an authorized representative accepts that change in writing.

5. Accounts and Site Conduct

You must:

• Keep account and contact information accurate;

• Protect login credentials; and

• Promptly report suspected account misuse.

Maintaining current contact details helps us communicate about orders, product safety, recalls, and service.

Do not use the Store to:

• Commit fraud or impersonate others;

• Submit knowingly false claims;

• Introduce harmful software;

• Interfere with services; or

• Evade security or purchase restrictions.

Do not collect or reproduce Store content through unauthorized automated extraction, or reverse engineer protected software except where the law independently permits it. A purchase does not authorize you to call yourself an approved Simmons dealer or service center.

We may reasonably restrict accounts or ordering to address fraud, unlawful activity, security problems, or material violations. An access restriction does not erase an accepted order, a valid warranty, or a mandatory customer remedy.

6. Product Classification and Legal Compliance

6.1 Product Classification Varies

Different Goods may be classified as:

• Electric bicycles;

• Motorcycles;

• Off-highway vehicles;

• Recreational equipment; or

• Components.

A product's name, appearance, or maximum speed alone does not establish its legal classification. Its actual configuration and the law of the proposed location matter.

6.2 Your Responsibility

Unless a listing expressly represents a particular configuration as lawful for a specified public-road use, do not assume it is street legal.

Before purchasing, verify relevant:

• Licensing, registration, and identification requirements;

• Age, helmet, equipment, and insurance requirements;

• Power and speed requirements; and

• Permission to use streets, paths, parks, trails, or private land.

Request clarification if required documentation is not identified in the listing. Our responsibility for accurate statements and required disclosures is not waived.

6.3 Modifications

Do not use a product, instructions, or support to defeat a legally required safety system or identification requirement.

Changes to the following may affect classification, safe handling, insurance, and lawful operation:

• Power systems and software;

• Gearing and wheels;

• Brakes and lighting; and

• Other equipment.

Obtain qualified advice when uncertain.

6.4 Off-Road Factory Speed-Limited Vehicles

6.4.1 Scope and Definitions

This section applies when the pre-sale listing identifies an off-road vehicle as having a factory speed or power restriction.

“Restriction” includes the original features that limit available performance:

• Mechanical or electronic features;

• Wiring and controller features;

• Software; and

• Battery-management features.

6.4.2 Factory Configuration

The stated limit describes the delivered powered configuration and is approximate. Any stated speed or power limit is specific to the model and delivered configuration identified in the pre-sale listing.

• Terrain, loading, calibration, battery state, and operating conditions affect results.

• Downhill coasting can exceed a powered-speed limit.

• The restriction is not a brake or a guarantee against a crash.

6.4.3 Off-Road Use and Registration Documents

A restricted off-road vehicle is not represented as a street-legal electric bicycle simply because its speed is limited. The buyer must confirm lawful locations and required documentation.

A listing's disclosure that any of the following is not supplied does not itself create an exemption from an applicable requirement:

• Title;

• VIN;

• Certificate of origin; or

• Registration paperwork.

6.4.4 Prohibition Against Defeating the Factory Restriction

As a purchase condition for these models, you agree not to knowingly defeat or facilitate defeat of the delivered restriction, including through:

• Altered wiring;

• Replacement electronics;

• Software changes;

• Bypass devices; or

• Assistance to another person.

You must not describe a changed vehicle as unmodified or falsely claim Simmons has approved it for road use. Unaffiliated online instructions do not constitute our permission.

6.4.5 Consequences of Modification

Increasing output can exceed the design capacity of:

• Brakes and tires;

• Structure and drivetrain; and

• Electrical connections and batteries.

It can increase stopping distance, crash severity, heat, and fire risk.

Anyone undertaking or authorizing a change is responsible for its resulting safety and legal consequences within the limits of applicable law. Do not operate an altered vehicle until a suitably qualified technician has evaluated affected systems and its proposed use is confirmed lawful.

6.4.6 Warranty Treatment

The warranty treatment in Section 19 still applies: removal of the restriction alone is not an automatic loss of coverage.

• A safe, serviceable configuration and relevant diagnostic information may be requested for assessment.

• We need not supply instructions or components for increasing performance beyond the delivered restriction.

6.4.7 Preservation of Evidence

After an incident or claim, do not deliberately destroy relevant:

• Wiring, components, or serial labels;

• Logs or software/configuration information; or

• Images.

Safety takes priority over preservation; explain any unavoidable loss of evidence. A missing record alone does not automatically void the warranty.

6.4.8 Transfers

When transferring the vehicle, disclose:

• Its original restricted configuration and any changes;

• Known damage and unresolved safety issues; and

• Its off-road designation.

Provide the applicable warnings and manuals.

7. Orders and Acceptance

7.1 Your Order Is an Offer

An order is your offer to purchase. An automatic receipt ordinarily acknowledges receipt of that offer, not acceptance.

We accept by:

• Shipping the Goods;

• Making an accepted pickup order available where Simmons expressly offers and confirms pickup for that order; or

• Sending an express acceptance.

7.2 Declining an Order

Before acceptance, we may decline an order for a genuine:

• Inventory or payment-verification reason;

• Pricing-error reason;

• Legal or safety reason; or

• Delivery or purchase-limit reason.

If we cancel an item after taking payment, we will refund its collected price and associated refundable charges as required by law.

7.3 Quantity Limits and Commercial Arrangements

We may apply reasonable quantity limits. Dealer, distribution, fleet, rental, and other commercial arrangements may require a separate written agreement.

A retail purchase alone does not confer:

• A dealership;

• A brand license;

• An exclusive territory; or

• Warranty-provider status.

7.4 Production Changes and Substitutions

Manufacturers may make minor production changes. We will disclose a material substitution or significant reduction in promised functionality or safety and obtain consent when required.

8. Prices, Payment, Taxes, and Fraud Prevention

Unless a listing says otherwise, prices are in U.S. dollars.

Your checkout approval permits processing of:

• The agreed purchase price;

• Applicable taxes;

• Delivery charges; and

• Other disclosed fees.

We and our payment providers may:

• Verify payment authorization;

• Investigate suspected fraud;

• Correct duplicate or mistaken billing; and

• Process appropriate refunds.

Additional charges require a lawful basis and any necessary authorization.

Customers are responsible for applicable import duties, registration charges, use taxes, and similar transaction obligations not collected at checkout, but not taxes on Simmons' income.

Promotions and prices may change for future purchases. An obvious listing error may require correction; for an already accepted order, we will explain the issue and offer the correction, cancellation, or refund required by law rather than silently changing the bargain.

Payment plans offered by another provider are governed by that provider's terms. Simmons is not promising to act as a lender unless a separate agreement expressly says so.

Please report a billing problem promptly so we can investigate, without surrendering any payment-card dispute rights. Knowingly fraudulent chargebacks and false delivery or refund claims are prohibited.

9. Product Information and Performance

Confirm the included equipment, compatibility, and intended use before ordering. Photos may depict optional accessories, and visual appearance can vary.

Range, speed, charging time, dimensions, and similar figures depend on the stated test conditions and configuration. Actual results are affected by:

• Rider and cargo weight;

• Temperature and terrain;

• Battery condition;

• Tire setup;

• Maintenance; and

• Riding behavior.

Estimates are not a separate performance guarantee; express promises and lawful product remedies remain enforceable.

Observe every product:

• Load limit;

• Electrical limit;

• Temperature limit; and

• Operating limit.

Third-party reviews do not themselves create a Simmons warranty. A proposed change to our agreement should be confirmed by an authorized representative in writing. This requirement does not negate an express warranty or representation that applicable law makes enforceable.

10. Shipping, Delivery, Title, and Risk of Loss

10.1 Boxed shipments and delivery timing

Bikes are shipped directly to customers by Simmons in the manufacturer's box. Simmons does not sell assembled bikes. A boxed bike is not supplied as ready to ride; the professional assembly and inspection requirement in Section 12 applies before use.

Shipping and arrival dates are estimates unless we expressly commit otherwise. We may split an order into shipments. We will provide legally required notices and the appropriate opportunity to accept a delay or cancel for a refund. Describing a delivery date as an estimate does not eliminate those duties.

10.2 Addresses and delivery requirements

Provide an accurate address and reliable delivery contact. Freight may require:

• An appointment.

• Suitable access.

• An adult signature.

• Identity verification.

• Terminal pickup.

We will identify applicable requirements and charges. Customers may be responsible for reasonable, previously disclosed costs caused by their incorrect address, missed delivery appointment, unjustified refusal, or inaccessible delivery location, except to the extent Simmons caused the problem or the law requires another result.

10.3 Shipping risk, ownership, and pickup

• Shipping loss and damage: For Goods shipped by carrier, the risk of loss or damage passes to you when Simmons properly delivers the Goods to the carrier for shipment, to the extent permitted by law. This is the shipment-contract approach. A binding destination-delivery promise, applicable product-specific terms, or mandatory law requiring a different result controls instead. This allocation does not excuse defective or otherwise nonconforming Goods, improper shipment, Simmons' own errors, or duties and customer rights that cannot lawfully be waived.

• Ownership of shipped Goods: After full payment, ownership passes to you when Simmons properly delivers the Goods to the carrier for shipment, unless a binding destination-delivery promise, applicable product-specific terms, or mandatory law requires a different result. This ownership rule does not limit the return, warranty, shipping-claim, or mandatory customer protections in these Terms.

• Local pickup, if offered: Where Simmons expressly offers and confirms pickup for your order, ownership and risk of loss pass after full payment when Simmons lawfully tenders the Goods to you or your authorized recipient, to the extent permitted by law. Applicable product-specific terms and mandatory protections control. This allocation does not excuse nonconforming Goods, Simmons' own errors, or responsibilities that cannot lawfully be waived.

10.4 Inspecting a delivery and reporting a problem

When safely practicable, examine delivery packaging before signing and ask the carrier to record visible damage or missing cartons. During unpacking and before assembly, inspect the bike, accessible components, and included items for visible damage, missing or incorrect parts, and other apparent problems. This is not an instruction to dismantle components, open a battery, or perform work beyond your abilities.

If you discover damage, missing or incorrect parts, or a safety concern, stop assembly, do not ride or operate the bike, and contact Simmons promptly upon discovery, preferably immediately. Do not continue assembly or attempt a repair until you receive appropriate instructions and any safety concern has been resolved. Do not charge or use a battery or electrical system suspected of being damaged; follow Section 14. The professional assembly and pre-ride inspection requirement in Section 12 remains applicable.

For delivery problems, reporting within 48 hours of delivery is preferred, but this is not an automatic cutoff for claims or protected rights. Report a concealed problem promptly when discovered. A delay can make investigation harder; the claim remains subject to the applicable warranty and law.

When reasonably available and safe to obtain, provide photographs of:

• The shipping label.

• Exterior packaging and seals.

• The damage.

• How the affected item was positioned or protected inside the box.

Include the order number and available product or serial-number details. Retain relevant packaging, labels, affected parts, and original photos or recordings while the claim is reviewed, when safe. Tell us if evidence is unavailable or cannot safely be retained. Never delay emergency action or handle unsafe equipment to preserve evidence.

An uninterrupted unboxing video is strongly encouraged when it can be made safely, but is not mandatory or the only acceptable evidence. A missing video or photograph does not automatically establish customer fault or eliminate protected rights. Opening the box to inspect the Goods or discover a problem does not, by itself, bar a defect, incorrect-item, warranty, or other protected claim under the separate rules in Sections 11 and 19.

10.5 Who handles a carrier claim

For a shipment that appears lost or arrives damaged or incomplete, contact Simmons first so we can review the issue and coordinate the next steps. Simmons may pursue a carrier claim directly or authorize you to pursue it where the carrier permits. We will tell you who will handle the claim and what information or authorization is needed.

Cooperate reasonably with the claim-verification process in Section 22 and any necessary carrier inspection, including supplying relevant records and preserving packaging and affected parts when safe. The shipping-risk allocation above governs that separate question; this claim-handling arrangement does not itself change that allocation, create insurance coverage, shift shipping or inspection costs, or guarantee carrier reimbursement. A remedy or deadline required by law or the applicable warranty is not automatically conditional on carrier reimbursement. Nothing in this procedure requires you to miss a carrier claim deadline or surrender a protected right.

11. Cancellations, Returns, and Refunds

This section is the Simmons Return Policy.

11.1 Return eligibility and request period

For otherwise eligible new merchandise, request a voluntary return within 3 calendar days after delivery. Ordinarily, the item must remain unopened, unused, and uninstalled. Any different rule for a particular item must be clearly disclosed before purchase. Statutory remedies and claims concerning defects, incorrect items, recalls, or warranties are separate from this change-of-mind policy.

11.2 Authorization and return condition

Contact Simmons for written return instructions before shipping. Obtain an authorization number if requested. A shipment sent without authorization does not itself entitle the sender to a refund. We will handle unauthorized shipments consistently with the applicable policy and law.

Return the complete package with packaging adequate for safe transport, including its:

• Charger.

• Keys.

• Manuals.

• Accessories.

• Labels.

• Included parts.

An item should be:

• Resalable.

• Free of installation, modification, contamination, or customer-caused damage.

Where disclosed and lawful, a voluntary-return refund may reflect actual missing components, diminished value, repacking, or freight costs. We will not impose such deductions where our error, a covered remedy, or mandatory law requires us to bear the cost. Any additional deduction must reflect a separate, disclosed loss or cost; we will not charge twice for a cost already covered by the restocking fee or another deduction.

11.3 Complete-bike restocking fee

• Scope: For approved change-of-mind returns of complete bikes, including electric bicycles and electric motorcycles, a 10% restocking fee will be deducted from the refund.

• Calculation: The fee is calculated on the amount actually paid for the returned bike after discounts, excluding tax and shipping, and is separate from the shipping costs described below.

• Exceptions: We do not charge this fee for returns due to defective or incorrect items, shipping damage not caused by the customer, or legally required remedies.

• Bike returns only: This fee applies only to bike returns; it does not establish a fee for other merchandise or cancellations before shipment.

11.4 Standalone batteries and other return exclusions

Batteries sold as standalone items, including spare or replacement batteries, are not eligible for change-of-mind returns once delivered, even if unopened or unused. Batteries supplied as part of a complete bike remain subject to the complete-bike return policy when returned with that bike. This standalone-battery restriction does not limit claims involving defects, incorrect items, warranty coverage, recalls, or other remedies required by law.

Other categories may be excluded from voluntary returns if disclosed before purchase:

• Loose cells.

• Installed parts.

• Used protective equipment.

• Special-order or clearly marked final-sale merchandise.

• Items that cannot be transported safely or lawfully.

A voluntary-return exclusion does not override a defect, recall, mis-shipment, or other protected remedy.

11.5 Cancellations before and after shipment

Contact Simmons as early as possible to cancel an order. If we receive your cancellation request before shipment, we will cancel the order and issue a full refund of the amount paid, including shipping charges and applicable tax, without a cancellation, processing, or restocking fee. Legally required cancellation rights are not dependent on our discretionary approval.

For complete-bike orders that have already shipped, approved change-of-mind cancellations are handled as returns under this section. The 10% restocking fee described above applies once, the original shipping charge paid at checkout is nonrefundable, and you are responsible for return shipping costs. No separate cancellation fee is added. The same exceptions for defective or incorrect items, shipping damage not caused by the customer, and legally required remedies apply. Contact Simmons for written return instructions before shipping anything back.

11.6 Refund method and timing

• Payment method: Refunds for canceled orders and approved returns are normally processed to the original payment method.

• Receipt and evaluation: For returns, the returned Goods are received and evaluated before a refund is issued, unless an earlier refund is required by law.

• Returned bikes: For returned bikes, we will complete the inspection and issue any approved refund within 10 business days after receiving the bike, and may do so sooner. Any shorter deadline required by law applies.

• Canceled orders and non-bike returns: For canceled orders and approved non-bike returns, we will issue the refund promptly and within any applicable legal deadline. The bike-return inspection period does not apply to cancellations before shipment.

• Bank posting: After we issue a refund, allow an estimated additional 5–10 business days for your bank or payment provider to post the funds to your account. Actual posting times vary by provider; this estimate is not a guaranteed deadline.

11.7 Shipping costs and safe returns

For approved change-of-mind returns, you are responsible for return shipping costs. The original shipping charge you paid at checkout is nonrefundable for these change-of-mind returns. Delivery costs will be reimbursed when our error or the applicable remedy requires it. These Terms do not establish a new warranty period.

Never place a damaged, swollen, leaking, recalled, or otherwise unsafe battery into ordinary return shipping. Contact us first for an appropriate process; any shipment must comply with applicable hazardous-material and carrier requirements.

12. Assembly, Inspection, Maintenance, and Modification

12.1 Professional Assembly

Bikes are supplied in the manufacturer's box and are not sold by Simmons as assembled or ready to ride. Before riding or operating a bike, you must arrange for a qualified professional experienced with that type of bike to complete all required assembly, setup, and a pre-ride safety inspection in accordance with the manufacturer's instructions.

Any factory preassembly does not remove this requirement. Do not ride until the professional has completed the necessary work and checks, and any safety issues have been resolved.

Other Goods may need installation, adjustment, or integration before use. Follow the manufacturer's instructions and use a qualified technician whenever that work exceeds your training, equipment, or ability. Confirm compatibility before combining electrical or mechanical parts. This paragraph does not provide a self-assembly exception to the professional bike-assembly requirement above.

12.2 Pre-Use Inspection

Inspect the vehicle before first use and regularly thereafter. Pay particular attention to:

• Braking and motor cutoffs;

• Steering;

• Wheels, axles, tires, and pressure;

• Frame and suspension;

• Fasteners and specified torque;

• Drivetrain;

• Throttle and assist controls;

• Battery retention;

• Connectors and wiring;

• Lights; and

• Displayed faults.

Do not ride with a loose part, abnormal response, visible damage, excessive heat, or an unexplained fault.

12.3 Maintenance

Perform maintenance appropriate to actual conditions, mileage, loads, and use. Routine adjustments and wear-part replacement are not necessarily evidence of a defect.

12.4 Modifications and Compatibility

Modifications must be assessed for:

• Compatibility;

• Load and handling;

• Electrical demand; and

• Legal consequences.

They do not relieve Simmons of a nonwaivable duty, and warranty questions remain governed by Section 19.

13. High-Risk Product Safety Rules

Powered vehicles and high-energy components can cause permanent injury, death, fire, and substantial property loss. They are not toys.

Anyone you permit to use them must:

• Read relevant instructions;

• Be legally eligible and suitably trained; and

• Use protective equipment appropriate to the product and activity.

When riding or operating the Goods:

• Wear a properly fitted, appropriately certified helmet and suitable eye, hand, foot, and body protection.

• Stay within the rider's ability and the product's limits.

• Do not ride while impaired, dangerously fatigued, distracted, or otherwise unable to control the vehicle safely.

• Carry passengers or tow only where the product is specifically designed and equipped for it.

• Observe load, terrain, water-exposure, grade, and temperature limits.

Racing, jumping, stunts, delivery work, rental, or other extreme or commercial use must not be assumed appropriate without express product support for that use.

• Use only lawful locations and obtain permission for private property.

• Leave adequate distance from other people, traffic, animals, obstacles, combustible materials, and hazards.

• Secure equipment against unauthorized or child access.

• After a crash, submersion, electrical fault, unusual heat, smell, noise, vibration, or loss of control, stop and arrange a safe assessment before further use.

14. Lithium-Ion Battery Safety

Battery fires can develop rapidly and release dangerous heat, smoke, and gases. Follow the device and battery manufacturer's instructions in addition to these precautions.

14.1 Chargers and Compatibility

Use the supplied charger or a replacement specifically tested and approved for the device and battery. A connector that fits is not proof of compatibility.

Check:

• Chemistry and voltage;

• Current and communication requirements;

• Cable condition; and

• Connections.

Inspect charging equipment and the battery before use.

14.2 Charging

• Charge in an appropriate dry, ventilated location, on a stable noncombustible surface, away from flammables and escape routes.

• Keep charging under responsible adult observation; do not charge while sleeping or leave it unattended.

• Keep equipment uncovered.

• Use sound electrical connections suitable for the load.

• Follow temperature limits.

• Disconnect when charging is complete as instructed.

14.3 Damage and Warning Signs

Stop using or charging a battery that is:

• Swollen, leaking, or deformed;

• Unusually hot or producing smoke or odors;

• Damaged by impact or water;

• Showing faulty wiring; or

• Subject to a stop-use notice.

If danger is immediate, move people away and call emergency services. Do not approach or attempt to handle a burning or venting pack. Obtain qualified guidance for safe handling of damaged batteries rather than attempting an ordinary return.

14.4 Storage and Modification

Store batteries securely in the conditions and charge state specified by the manufacturer, protected from:

• Extreme heat or cold;

• Moisture and impact;

• Children; and

• Accidental short circuits.

Keep exposed terminals away from metal objects. Do not open packs, alter protective circuits, or attempt cell-level repairs without the necessary professional qualifications and legal authority.

14.5 Transportation and Disposal

Shipping and transporting batteries can require specialized:

• Packaging;

• Labeling;

• Approval; and

• Carrier services.

Follow the applicable rules and specific written return directions. Do not discard batteries in household waste; use a suitable authorized recycling or hazardous-waste program.

15. Knowing and Voluntary Assumption of Risk

By specifically accepting this provision where it lawfully applies, you recognize that riding, assembling, servicing, modifying, charging, storing, and transporting powered equipment involve risks that cannot all be eliminated.

Examples include:

• Falls or collisions;

• Loss of control;

• Difficult terrain and weather;

• Other road or trail users;

• Delayed emergency assistance;

• Equipment failure;

• Assembly mistakes; and

• Battery fire or electric shock.

Consequences can include permanent disability, death, and property loss.

You voluntarily accept the inherent and reasonably foreseeable risks of the activities you choose to undertake, including the additional risks of your misuse, inadequate maintenance, and modifications, only to the extent those risks may lawfully be assigned to you. This acknowledgment does not establish that an unsafe product is acceptable or eliminate a manufacturer's or seller's mandatory duties.

16. Release and Waiver of Certain Claims

16.1 Limited Release

WHERE LAWFUL, YOU RELEASE SIMMONS AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, STAFF, AGENTS, CONTRACTORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS FROM YOUR CLAIMS ARISING FROM RISKS INHERENT IN, OR REASONABLY ASSOCIATED WITH, THE ACTIVITIES DESCRIBED IN SECTION 15, INCLUDING CLAIMS BASED ON THEIR ORDINARY NEGLIGENCE WITHIN THAT LIMITED SCOPE.

This release addresses your injury, death, property loss, or economic loss from those activities and applies to representatives asserting your rights only as far as the law permits.

16.2 Claims Not Released

It does not release claims involving:

• A legally actionable product defect;

• Nonwaivable inadequate-warning liability;

• Gross negligence or recklessness;

• Deliberate wrongdoing, fraud, or concealment;

• Protected warranty rights; or

• A consumer or safety duty that cannot be waived.

It does not waive another rider's independent rights merely because you purchased or lent the Goods. The parties protected here are called the “Protected Parties” in Sections 18 and 21.

17. Other Riders, Gifts, Transfers, and Minors

17.1 Supplying Goods to Another Person

Before lending, gifting, selling, or otherwise supplying Goods to another person, provide:

• Manuals and warnings;

• The correct charger and keys;

• Warranty information; and

• Relevant recall notices.

Disclose known:

• Crashes and damage;

• Modifications;

• Unresolved faults; and

• Legal operating restrictions.

Do not supply powered equipment to someone you know, or reasonably should know, cannot use it lawfully and safely.

17.2 Minors and Independent Rights

A minor may use a product only if it is:

• Suitable for that minor's age and size;

• Allowed by law and the manufacturer; and

• Authorized and closely supervised by a parent or legal guardian after appropriate training.

Required protective equipment remains necessary. Purchase by an adult does not itself waive a minor's or another rider's rights or bind that person to arbitration. Obtain any separately required acknowledgment through an approved process.

18. Indemnification

Within lawful limits, you agree to defend and reimburse the Protected Parties for third-party claims and resulting losses, penalties, judgments, and reasonable legal expenses attributable to:

• Your fraud or unlawful conduct;

• Your material breach;

• Your infringement of another person's rights; or

• Your unsafe use or supply of the Goods.

This includes your causally related:

• Improper assembly, charging, repair, or modification;

• Limiter defeat;

• Misleading transfer disclosures;

• Knowingly false claims; and

• Content submitted without required rights.

Your obligation is limited to the extent of your responsibility. It does not cover loss attributable to:

• A Protected Party's gross negligence;

• A Protected Party's deliberate wrongdoing or fraud;

• An actionable product defect attributable to a Protected Party; or

• Any responsibility that the law prevents that party from shifting.

Simmons may direct the defense with reasonably selected counsel, while you may participate through your own counsel at your expense. No settlement may impose an admission, liability, or nonmonetary obligation on Simmons without its written agreement. We will provide reasonable notice and cooperation; nothing authorizes recovery of amounts that applicable law forbids.

19. Product Warranties

19.1 Manufacturer warranty documents

Warranty coverage is provided under the applicable manufacturer's warranty for the particular Goods. Simmons does not offer an additional written Simmons warranty. Before purchase, review the manufacturer's warranty, including:

• The warrantor.

• Duration.

• Covered components.

• Exclusions.

• Claim process.

• Available remedies.

These Terms do not expand the manufacturer's coverage or turn its obligations into a separate Simmons warranty. This does not limit any enforceable Simmons product promise, applicable implied warranty, statutory seller responsibility, or other mandatory customer right.

The applicable manufacturer's written warranty will be made available before purchase as required by law. These general Terms are not a substitute for that warranty document and do not change its designation as a full or limited warranty.

19.2 Implied warranties and mandatory protection

We do not disclaim implied warranties where providing a written warranty, entering an applicable service contract, or other law prevents us from doing so. A lawful and conspicuous duration limitation may appear in an approved limited-warranty document, but cannot reduce mandatory protection. An item may be sold without otherwise disclaimable implied warranties only when a lawful, conspicuous, pre-sale “as is” disclosure actually applies. This paragraph does not convert every sale into an “as is” sale.

19.3 Exclusions, repairs, and modifications

Subject to the actual warranty and law, the following may be excluded:

• Normal wear.

• Routine maintenance.

• Cosmetic variation without a covered defect.

• Damage caused by crashes, neglect, improper assembly, incompatible equipment, misuse, or operation outside stated limits.

Commercial, delivery, competition, and rental use are covered only where the applicable warranty provides. An exclusion must be relevant to the claimed condition; it is not a blanket cancellation of unrelated coverage.

Using an independent repairer or an aftermarket part does not by itself remove lawful warranty rights. Changing or removing a factory speed/power restriction likewise does not automatically cancel warranty coverage. A claim is evaluated under the applicable warranty and law; a particular condition caused by modification may be excluded where those rules permit. We do not promise technical assistance to defeat a limiter.

19.4 Available remedies

Depending on the applicable warranty, remedies may include:

• Assessment.

• Repair.

• Parts.

• An equivalent replacement.

• A refund.

Refurbished or equivalent parts may be used only where permitted. Staff cannot make a determination that extinguishes all of a customer's independent legal rights.

20. Site and Service Disclaimers

The Store's online functions are offered as available.

We do not promise:

• Uninterrupted operation;

• Compatibility with every device; or

• Continuing accuracy of every archived article or outside link.

General online information is not a substitute for appropriate technical, safety, insurance, medical, or legal advice. These service disclaimers do not displace an express product promise, applicable warranty, or mandatory obligation concerning the Goods.

21. Limitation of Liability

21.1 Excluded Losses

WHERE THE LAW ALLOWS, THE PROTECTED PARTIES EXCLUDE LIABILITY FOR REMOTE OR CONSEQUENTIAL LOSS, including:

• Lost income or profits;

• Lost business opportunities;

• Lost data;

• Loss of use; or

• Substitute transportation.

Where the law allows, the Protected Parties also exclude liability for special, incidental, exemplary, or punitive damages. The exclusion is limited by applicable law regardless of the claim's legal theory or prior notice of possible loss.

21.2 Economic Liability Ceilings

• For covered economic claims about particular Goods, the combined liability ceiling is the amount the customer paid Simmons for the Goods responsible for the claim.

• For a claim arising solely from Store services rather than a product purchase, the ceiling is the greater of $100 or the amount paid for those Store services in the six months before the event.

21.3 Exceptions

Neither the exclusion nor either ceiling restricts liability for:

• Gross negligence or recklessness;

• Intentional wrongdoing or fraud;

• Legally nonwaivable injury or product-defect claims;

• Protected warranty remedies;

• Mandatory refunds; or

• Any other liability the law does not permit us to restrict.

If a restriction cannot lawfully apply, the relevant legal protection remains intact.

22. Customer Support and Diagnostic Cooperation

22.1 Reporting damage or missing parts

For a damage or missing-parts claim, provide a truthful account of:

• When and how the problem was discovered.

• The unpacking or assembly stage reached.

• Who performed relevant work.

• Any known tip-over, impact, repair, or other event involving the affected area.

Confirm that the account is accurate to the best of your knowledge, distinguish what you observed from what you suspect, and correct a material mistake when discovered. Knowingly fabricated evidence or material misrepresentations are prohibited. An honest mistake, uncertainty, or disagreement does not by itself establish fraud.

22.2 Evidence and safe inspection

Simmons may request reasonable evidence relevant to the particular claim, including:

• Purchase evidence.

• Product or serial-number details.

• Photographs.

• Configuration or maintenance information.

• Diagnostic records.

Explain any missing information. When records do not establish the cause, we may arrange a reasonable inspection by the manufacturer or an appropriately qualified technician, preferably independent where practicable. Inspection and troubleshooting must be safe and proportionate to the issue; do not perform work beyond your abilities. Any necessary shipment must follow safe return instructions, including the battery restrictions in Sections 11 and 14.

22.3 Evaluating a claim

Claims are evaluated using the available evidence, which may include:

• Customer records.

• Available pre-shipment records.

• Carrier documentation.

• Packaging condition.

• Written technical findings explaining the likely cause and any uncertainty.

An undamaged sealed box does not establish that its contents were undamaged. The appearance of damage alone may not establish when it occurred, and self-assembly alone is not proof that the customer caused it.

Damage caused by customer mishandling, a tip-over, or improper assembly may be excluded only where the applicable warranty and law permit and the evidence supports that cause. If continuing assembly or use after discovering a problem causes additional damage, responsibility for that additional damage does not by itself eliminate a valid claim for the original problem. An exclusion must relate to the affected condition, not automatically cancel unrelated coverage.

22.4 Decisions and reconsideration

If Simmons denies all or part of a claim, we will explain the supporting evidence and applicable warranty or policy basis in writing and allow the customer to provide relevant additional information for reconsideration. Where the cause remains uncertain, further review or inspection may be necessary; uncertainty or missing documentation alone is not proof of fraud or customer-caused damage. This process does not automatically eliminate protected remedies, impose a new inspection or shipping fee, or extend an applicable refund or remedy deadline. The protections in Section 1 and the actual warranty remain controlling.

22.5 Other service requests and troubleshooting

For other service requests, provide reasonable purchase evidence, serial numbers, symptoms, configuration details, maintenance or incident history, and relevant photographs or diagnostic readings. Do not falsify evidence or conceal relevant damage or changes. Preserve relevant parts and records when safe. Reasonable cooperation assists diagnosis but does not automatically determine warranty eligibility.

Do not carry out remote troubleshooting beyond your skills or continue using unsafe equipment. Tell us if professional installation or inspection is needed so an appropriate remedy can be considered. Nothing here shifts labor or freight costs to the customer when the warranty or law requires the warrantor or seller to pay them.

23. Intellectual Property

Simmons or its licensors retain their rights in Store text, images, video, software, branding, manuals, and other protected materials.

You may use the Store for lawful shopping and internal purchasing activities. That permission does not authorize:

• Commercial republication or resale of content;

• Mirroring or deceptive branding;

• Counterfeit materials;

• Unauthorized model training or database construction using protected content; or

• Removal of rights notices.

Independent legal exceptions remain available.

24. Reviews, Photographs, and Other User Content

24.1 Ownership and Permission

You retain ownership of a review, image, video, or other contribution you knowingly submit for public or promotional use.

For that stated purpose, you grant Simmons a nonexclusive, worldwide, royalty-free license, with permission to use service providers and sublicense as reasonably necessary, to:

• Reproduce and format it;

• Host and display it; and

• Distribute and publish it in connection with our business.

Privacy, publicity, and other mandatory rights continue to apply. Private support correspondence is not converted into promotional content merely by being sent to us.

24.2 Submission Standards

Submit only material you have the right to share. Do not:

• Knowingly mislead readers;

• Infringe rights;

• Expose another person's private information unlawfully; or

• Include harmful code.

24.3 Moderation and Protected Communications

We may moderate content for legitimate concerns such as:

• Fraud or illegality;

• Harassment or irrelevance;

• Privacy or infringement; or

• Dangerous misinformation.

Honest criticism, lawful complaints, protected disclosures, communications with counsel, and reports to authorities are not prohibited.

25. Privacy and Third-Party Services

Applicable privacy law and any privacy notices provided for a particular collection or service govern our handling of personal information.

External providers may apply their own terms, including providers of:

• Payment and financing services;

• Delivery services;

• Software; or

• Other services.

We do not guarantee an unaffiliated provider's decisions or services, but remain responsible where applicable law makes us responsible. Linking to a website is not an endorsement of everything it contains.

26. Export Controls, Sanctions, and Diversion

Customers must comply with applicable:

• Import and export rules;

• Sanctions;

• Customs rules; and

• Anti-boycott rules.

Accurately identify the destination and end user, and obtain any required approvals. Do not purchase for a prohibited person, destination, or use.

We may reasonably hold or cancel an order while addressing a compliance concern, subject to applicable refund and notice duties.

27. Events Beyond Reasonable Control

Events outside reasonable control may delay performance, such as:

• Severe weather or natural disaster;

• Fire or conflict;

• Public-health emergencies;

• Governmental restrictions;

• Industrial disruption;

• Utility or carrier failure;

• Supply shortages; or

• Cyber incidents.

Any lawful excuse is limited to the affected performance and period. Required delay notices, cancellations, refunds, and other nonwaivable duties continue to apply.

28. Dispute Resolution, Binding Arbitration, and Class-Action Waiver

28.1 Agreement to arbitrate

IF VALIDLY ACCEPTED AND NOT TIMELY REJECTED THROUGH THE OPT-OUT BELOW, THIS SECTION REQUIRES COVERED DISPUTES TO BE DECIDED IN INDIVIDUAL ARBITRATION INSTEAD OF A COURT TRIAL. The Federal Arbitration Act applies to this arbitration agreement.

Covered disputes concern the parties' relationship through the Store or a purchase:

• Advertising, account access, privacy or communications, and ordering.

• Product classification or performance, delivery, returns, warranties, service, or these Terms.

The provision includes contract, tort, statutory, and equitable claims only where arbitration is legally permitted. The exceptions below remain available.

28.2 Informal dispute notice and resolution

Before starting arbitration, the complaining party must send a personally signed or electronically signed notice identifying:

• The customer, account email, order if any, and contact information.

• Essential facts, claimed basis if known, and requested resolution, with a good-faith certification of accuracy.

Send notices to Simmons at simmonsmotorsportsinc@gmail.com, using “Dispute notice — Simmons Motorsports” in the subject. We will use the customer's most recent provided email or mailing address for our notice.

The informal-resolution period is 30 days after receipt. During that period, the parties will try in good faith to resolve the matter, and applicable filing periods will be paused as legally permitted. No privileged information need be disclosed. This process cannot obstruct nonwaivable rights or necessary emergency relief.

28.3 Exceptions to arbitration

Either party may:

• Pursue an eligible individual small-claims case.

• Seek necessary temporary emergency relief.

• Bring an appropriate intellectual-property infringement or misuse claim in court.

• Report matters to regulators or law enforcement and cooperate in investigations.

Claims that law prohibits from being arbitrated remain outside this requirement.

28.4 Administrator and rules

• For consumer transactions primarily for personal, household, or family use, the administrator is the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules and Mediation Procedures.

• For genuinely commercial transactions, its applicable Commercial Arbitration Rules apply unless mandatory law requires a different process.

• Applicable mass-arbitration supplementary procedures may govern coordinated filings; coordination alone does not create class arbitration.

The rules are available from www.adr.org. Mandatory law and mandatory consumer protections in the applicable rules override a less protective term here.

28.5 Procedure, location, costs, and relief

One neutral arbitrator will decide the dispute.

• A consumer hearing will take place remotely, by permitted written submissions, or in the customer's home county, unless another arrangement is mutually agreed and lawful.

• The customer will owe no more than the applicable consumer filing amount; Simmons will pay the business, administrative, and arbitrator charges assigned to it by the rules and law.

• We will not seek to shift our arbitration expenses or attorney fees to a consumer except where a statute permits it or an authorized finding of frivolous or improper-purpose conduct justifies it under the applicable standard.

• The arbitrator may award the individual relief that would be available in court, including authorized damages, statutory remedies, attorney fees, and injunctive or declaratory relief.

• Either party may request a reasoned written decision. A competent court may enter judgment on the award.

28.6 Decisions about arbitrability

A court, rather than the arbitrator, will decide:

• Whether an agreement was formed and whether an opt-out was valid.

• The enforceability of class-proceeding restrictions and the treatment of legally protected public injunctive relief.

Other disputes about this section's interpretation, reach, applicability, or enforceability are assigned to the arbitrator where that assignment is lawful.

28.7 Individual proceedings and class-action waiver

THE PARTIES AGREE TO PURSUE COVERED CLAIMS IN THEIR OWN INDIVIDUAL CAPACITIES, NOT THROUGH CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS, EXCEPT WHERE THAT RESTRICTION IS PROHIBITED.

• Without a legally effective agreement otherwise, the arbitrator cannot conduct a class arbitration.

• Administrative coordination required by applicable AAA rules is not prohibited.

• If a class restriction fails for a particular claim, that claim goes to court rather than class arbitration; any enforceable individual arbitration agreement otherwise remains in place.

28.8 Public injunctive relief and nonwaivable remedies

This restriction does not waive public injunctive relief or another representative remedy that cannot be surrendered.

• If a court decides that a protected request for public relief must proceed in court, that request may be separated from arbitrable individual claims.

• Any stay of the court matter must be legally permissible.

28.9 The customer's 30-day opt-out

You may reject this arbitration agreement within 30 calendar days after first accepting it by emailing simmonsmotorsportsinc@gmail.com with the subject “Arbitration opt-out — Simmons Motorsports.” Include:

• Your full name, account email, and mailing address.

• Relevant order number if available.

• A clear statement rejecting arbitration and your typed or other electronic signature.

A valid opt-out is personal to the submitting customer. It does not cancel a purchase, increase the agreed price, or remove other rights. An earlier valid opt-out remains effective unless the customer later knowingly and expressly accepts a replacement arbitration agreement after clear notice of that effect.

28.10 If AAA is unavailable

If AAA is unavailable for a reason not attributable to our noncompliance, the parties may:

• Agree on another recognized provider with comparable consumer protections.

• Seek a court appointment where the Federal Arbitration Act allows.

Simmons cannot insist on an alternative to evade its failure to meet required consumer-clause standards or pay required fees.

28.11 Limited one-year filing period

For a claim consisting solely of breach of a sales contract, the filing period is one year from accrual, but only when that shortening is lawful and effectively agreed.

• It does not shorten deadlines for injury or death, product liability, fraud, willful misconduct, nonwaivable statutory claims, or warranty claims where shortening is prohibited.

• Legally required accrual and tolling rules remain applicable.

This is not a one-year warranty or a universal deadline for all customer claims.

28.12 Severability and survival

• A defective part of this section should be narrowed or removed only as legally permitted; the treatment of class claims and public relief remains governed by Sections 28.7 and 28.8.

• Valid dispute provisions continue to apply after a completed sale, return, or account closure to the extent the law permits.

29. Governing Law, Court Jurisdiction, and Venue

29.1 Governing law

• Federal law governs where applicable, including the Federal Arbitration Act for Section 28.

• Otherwise, the governing law is California law, without a conflicts rule that would select different law.

• The United Nations Convention on Contracts for the International Sale of Goods is excluded where that exclusion is effective.

• Customers retain any home-jurisdiction protection that cannot lawfully be displaced.

29.2 Courts and venue

For court claims not subject to arbitration, the default courts are:

• The California Superior Court in Orange County.

• Where federal subject-matter jurisdiction exists, the United States District Court for the Central District of California.

These default courts are subject to lawful venue and division rules. The parties consent to those courts only to the extent such consent is valid.

29.3 Protected forums and exceptions

• That default does not override lawful small-claims venue, mandatory consumer venue, a legally necessary emergency forum, or a forum authorized for arbitration-related proceedings.

• For qualifying consumers, any protected right to proceed where the agreement was accepted or where the customer resides is preserved.

• Commercial customers agree to the default forum to the extent lawful.

This section does not move an arbitrable dispute into court.

30. Changes, Suspension, and Termination

30.1 Changes to these Terms

The version accepted for an order ordinarily continues to govern that order.

• Future changes will be dated and communicated as required; renewed consent will be sought when needed.

• An amendment is not a device to retroactively replace terms for an existing dispute.

• In particular, a changed arbitration clause will not apply to a dispute for which we already received a valid notice before that change took effect.

30.2 Store features and access

• We may adjust or discontinue Store features and restrict access for legitimate operational, security, or legal reasons.

• Existing fulfillment, warranty, and other mandatory obligations continue.

31. General Provisions

31.1 Entire agreement, severability, and waiver

• These Terms and the properly incorporated purchase documents form the agreement on their subject, subject to separately signed agreements and enforceable representations.

• An invalid clause is to be narrowed or removed only as the law permits, with the special arbitration rules in Section 28 controlling that subject.

• Failing to enforce a term on one occasion is not a general waiver; an agreed waiver should be recorded in writing.

31.2 Assignment

• Customers may not assign contractual rights or duties without written approval except where law permits.

• Simmons may transfer the agreement with a legitimate transfer, financing, or reorganization of the business, without erasing nonwaivable rights.

• This restriction does not prohibit lawful ownership transfer of Goods, subject to applicable product and warranty conditions.

31.3 Third-party rights and interpretation

• Apart from the Protected Parties where expressly identified, the agreement is not intended to confer enforcement rights on unrelated third parties.

• Headings aid navigation; examples are illustrative rather than exhaustive. Singular and plural meanings follow context.

• Where lawful, authorship alone is not a reason to interpret language against either party.

31.4 Survival

Provisions intended to remain relevant after the transaction—including applicable warranties, dispute rules, intellectual-property protection, and lawful risk allocations—survive as appropriate.

32. Contact and Final Acknowledgment

Simmons Motorsports Inc.

• Address: 23552 Commerce Center Drive, Suite L, Laguna Hills, CA 92653

• Phone: (949) 409-1066

• Email: simmonsmotorsportsinc@gmail.com

• Website: www.simmonsmotorsportsinc.com

Customer acknowledgment

By validly accepting these Terms, you confirm your purchasing authority and that you had access to these Terms and the relevant pre-sale documents. You acknowledge that:

• Product classification and lawful operating locations must be checked.

• Powered equipment and batteries present serious risks.

• Applicable safety instructions must be followed.

Any release or arbitration agreement applies only with legally sufficient assent and within the limitations stated above. A factory-restricted off-road designation does not promise road legality, and an applicable arbitration opt-out remains available as described in Section 28.9.