Last Updated and Effective: August 31, 2026
Acceptance of Terms. These Terms of Service (“Terms”) are a binding legal agreement between you and KMJ Dynamics LLC (“Company,” “we,” “us,” and “our”). The Terms govern your use of our software applications, resources, and services.
BY AGREEING TO THESE TERMS DURING THE ONLINE PAYMENT PROCESS, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU WILL NOT BE ABLE TO PURCHASE THE RC CART (“PRODUCT”).
Refunds. Your $500 deposit is fully refundable until you approve your final invoice. After approval of the final invoice, the refund window closes, and the balance is due.
Reservation of Rights. No other rights are granted except as stated in these Terms of Service, and nothing conveys any rights or ownership, or license in, or to, any products or any underlying software or intellectual property. We own all interests, including all intellectual property rights, in the products and the underlying software, and any updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and/or programs developed by our authorized users.
Intellectual Property. The content on the website and related to the Product is owned by or licensed to Company and is subject to copyright, trademark, and other intellectual property rights. It is provided for informational use only. It may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the Company. The Company respects others’ intellectual property rights. If you believe that your work has been infringed, please submit a notice including a description of the work infringed, a description sufficient to locate the material on the Company website, contact information (including email address), and a signature by the copyright owner. Notices may be sent through the website or emailed to us at hello@kmjdynamics.com.
Disclaimer of Warranties. The product purchased comes with all implied warranties that Massachusetts law cannot be disclaimed, including the implied warranty of merchantability and, where applicable, the implied warranty of fitness for a particular purpose. No language limits any warranty that cannot lawfully be disclaimed under G.L. c.106 §2316A.
To the extent permitted by Massachusetts law, we make no express warranties other than those stated in this Agreement or in written materials at the time of sale. There are no additional express warranties or representations beyond those in the Terms, and any statements like these will not expand or change the warranties applicable to this transaction.
You acknowledge that any limitations on remedies for breach of express warranty apply only to the extent permitted by G.L. c.106 §2316A, and do not limit the seller’s obligations where Massachusetts law requires the availability of reasonable and quick warranty service within the Commonwealth. These terms do not limit or exclude liability for personal injury where this limitation or exclusion would contravene Massachusetts law.
Warranty. The Company will warranty these parts of the Product:
| Frame & welds | 5 years, original owner |
| Drivetrain mechanical (axle, sprockets, chain, bearings, steering linkage, printed hubs & tire bond) | 1 year |
| Electronics (ESC, servo, receiver+transmitter, wiring, disconnect) | 1 year |
| Battery | 1 year from KMJ + manufacturer’s warranty passed through |
| Tires | 90 days against defects; punctures/wear excluded |
Indemnification. You agree to indemnify the Company and its officers, directors, shareholders, employees, affiliates, and agents against any losses and liabilities (including reasonable attorneys’ fees) arising out of or relating to:
You acknowledge that any third-party services, parts, accessories, or installation assistance offered or recommended to you are provided only by the third party. Your use of third-party services or parts is entirely at your own risk, and may be subject to the legal and financial terms governing those services.
Release. Our liability for any claims, injuries, loss, harm, and/or damages related to your interactions or dealings with other users and the acts and/or omissions, whether online or offline, is limited to the amounts and obligations in these terms. You acknowledge that, except to the extent we have liability under any guarantee, your use of this site and Company products are at your sole and exclusive risk.
Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PRODUCTS OR THESE TERMS.
NOTHING IN THIS AGREEMENT LIMITS OR DISCLAIMS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE COMPANY’S OWN NEGLIGENCE, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY MASSACHUSETTS LAW.
Force Majeure: If we cannot carry out its obligations, we will not be considered in default during the continuation of the inability if: (i) It is due to an event not within the reasonable control of us which precludes them from carrying out its obligations under this Agreement, including Acts of God, acts of nature, natural disasters, epidemics, quarantines, public health emergencies, product shortages, transportation shortages, strikes, lock-outs, industrial disturbances, acts of public enemies, insurrections, military action, war, sabotage, riots, civil disturbances, explosions, acts by a governmental authority; (ii) We will provide written notice describing the details of the occurrence and the expected period of delay; (iii) The suspension of performance is of no greater scope and no longer duration than is reasonably required; (iv) If an event continues over 30 days, we may terminate our duty.
Applicable Law. These Terms of Service and any dispute arising out of or relating to the products or Terms of Service will be interpreted under the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law provisions. All disputes arising out of or related to these Terms of Service will be subject to the exclusive jurisdiction and venue of the Massachusetts state and federal courts.
Dispute Resolution. The Parties will try to resolve any dispute arising out of or relating to the Terms through friendly negotiations between the Parties at least three times. If that fails, then the dispute will be submitted to mediation under any statutory rules of mediation in Massachusetts. The Parties agree that they may go directly to small claims court if the topic and the amount in controversy are proper for that venue.
Severability. If any provision of these Terms of Service is considered invalid, then that provision will be limited or eliminated by the court to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Third-Party Services. Our website may have links to other sites, services, and products from third parties, including our affiliates or subsidiaries. The links are provided only. We have no control over the sites, services, and products and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access the third-party websites or services, you do so at your own risk and subject to the terms of use of those websites or services.