By using the Brett King Design website you agree to be bound by its Terms of Use (explained below), Privacy Policy and all disclaimers and terms and conditions that may appear elsewhere on the Brett King Design website.

References to Brett King Design and/or BKD herein refer to Brett King Design, LLC, or their affiliates, subsidiaries and designees as deemed appropriate by Brett King Design.

Brett King Design reserves the right to make changes to the BKD website and its Terms of Use and Legal Notices at any time. Each time you use the BKD website, you should visit and review the then current Terms of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the BKD website, its content or Terms of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the BKD website.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Disclaimers and Limitation of Liability

By using the BKD website, you expressly agree that use of the BKD website is at your sole risk. The BKD website is provided on an "AS IS" and "as available" basis. Neither Brett King Design nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the BKD website will be uninterrupted or error-free. Neither Brett King Design nor its Associates warrant the accuracy, integrity or completeness of the content provided on the BKD website or the products or services offered for sale on the BKD website. Further, Brett King Design makes no representation that content provided on the BKD website is applicable to, or appropriate for use in, locations outside of the United States. Brett King Design and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Brett King Design or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Brett King Design or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the BKD website, including but not limited to reliance by you on any information obtained from the BKD website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Brett King Design has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the BKD website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Customization Project Cancellations:

IMPORTANT: By paying your invoice and starting with any Brett King Design LLC. Service(s), you agree to all Brett King Design LLC. service policies below, and you understand and agree to all terms and conditions of Brett King Design LLC services and/or product sales stated below.

Customization project costs include our customized helmet design service and final production art. Final art production prices will vary based on the design complexity, such as highly detailed patterning, chrome and satin patterns and finishes, number of colors, labor, materials, and/or additional customized parts. If you have a specific budget range within our pricing options, we suggest discussing it at the beginning of the project. Logo design, new designs outside of the discussed scope, and car livery designs are separate services. Revisions to the design graphics after creation will incur an additional cost. Once a request is made, we will calculate the specific cost for the requested revisions and send this for your approval.

Please let us know if you need us to source any racing products for your design project from Arai, Bell, or Stilo, HANS—including your helmet, helmet accessories, HANS devices, radios, and/or racing gear. Due to vendor supply delays, we require that our clients order products at the start of your order or have them ready to ship. Products that are not available when the design is approved will delay your project start date.

If you decide to cancel your project, change your project to another date, or change your mind about your service request, we will credit your Brett King Design LLC account for the balance paid minus any services already rendered, shipping costs, or tax. The credit will be good to use in the service department for 12 months from the cancellation date. Due to the nature of customization business, there are no refunds or exchanges on any Brett King Design custom projects for any reason. All sales are final.

All service balances are due upon receipt and must be paid in full to begin or continue any requested services. If the balance is unpaid, your production date will be automatically moved to the next available BKD calendar date or paused until after the balance is paid.

If you need to see or try on the racing products before your paint service begins, they will need to be ordered and received at the studio before paint production. The product can be shipped to you first and then returned to the paint studio shop in time for your service. Delays in product delivery or product availability can cause delays in the paint start and completion dates. BKD holds no responsibility for any size recommendations or product recommendations—please know your size and your racing series helmet requirements and homologation rules prior to ordering or having any services completed. Please call the studio for information on racing product orders: 702-529-2427 or email sales@brettkingdesign.com

Processing time depends on the complexity of the design and art production. Delays in communicating design feedback, scheduling design calls, and/or client-requested design revisions can cause delays in completion dates. Delays in product delivery to the studio or a high demand for BKD orders during peak seasons can also cause longer wait times. We do not need your helmet or products at the studio during this wait time. We will do our very best to meet your requested timeline, but cannot guarantee any discussed dates or timelines due to the nature of custom service production. If you need your order completed on a specific date or month, we do offer a rush service that can be added to your other services; please inquire for more information and calendar availability. BKD Rush Service is a guaranteed completion date service.

All helmet services can be shipped via FedEx Ground or Southwest Cargo and require a signature. We can ship faster and/or add insurance to your shipment if you prefer—please inquire for options. We will send a tracking number to track your delivery. Higher-priced projects may require local Southwest Cargo pickup or a higher insurance amount placed on the shipment. We hold no responsibility for lost, damaged, or stolen packages.

The design and/or graphic art associated with this order that has been executed by Brett King Design LLC. is protected by intellectual and industrial property rights, international treaties, and/or other rights and laws of the United States of America and international copyright laws. It is strictly forbidden to copy, modify, reproduce, publish, execute, and/or distribute this design without prior written consent from Brett King Design, LLC.

Product Display / Colors

The Brett King Design website attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Errors on Our Site

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Brett King Design reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, Brett King Design will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Brett King Design Shipping & Returns Policy.

Pricing Policy

Online prices and selection generally match those in stores, but may vary. Prices and offers are subject to change.

Sales Tax Policy

Brett King Design collects and remits sales tax as required by U.S. law, for transactions in our stores and on brettkingdesign.com. If you're a tax-exempt entity, Brett King Design will gladly assist you with placing a tax-exempt order. Please call 702-529-2427. Brett King Design reserves the right not to sell to resellers.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card.

Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm their availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a pre-order with a debit card you will be charged at the time you place your pre-order. Please contact your credit card issuer for more information.

If you ordered a special delivery item, you will be charged once a delivery time is confirmed.

Using Promotional Codes

Unlike credit or debit cards, Promotional Codes used on Digital Coupons are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. A coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address and/or telephone number you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Limitations / Limited Quantities

Brett King Design may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Brett King Design also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same BKD website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Brett King Design reserves the right to limit or prohibit sales to dealers.

Termination of Use

Brett King Design may, in its sole discretion, terminate your account or your use of the BKD website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Brett King Design reserves the right to change, suspend or discontinue all or any aspects of the BKD website at any time without prior notice.

Governing Law; Venue

These Terms of Service—and any separate agreements under which Brett King Design LLC (“BKD,” “we,” or “us”) provides you services—are governed by and construed in accordance with the laws of the  State of Nevada  , U.S.A., without  regard to its conflict-of-law rules. BKD makes no representation that the materials or services we provide are appropriate or available in all locations. If you access or use our services from other jurisdictions, you are responsible for compliance with local law. If any claim or legal action arising out of these Terms or your relationship with BKD is not subject to arbitration (as set forth below), you agree to file such action  exclusively in the state or federal courts located in Clark County, Nevada  ,  and you waive any objection to venue or forum on the basis of lack of personal jurisdiction, inconvenient forum, or otherwise.

Pre-Arbitration Dispute Resolution

Any controversy or claim (a “Dispute”) between you and BKD arising out of or relating to these Terms, our services, or any breach thereof—including disputes regarding the scope or enforceability of this agreement to arbitrate—must first be addressed as follows:

1. Written Notice: A party must send the other party a written notice of the Dispute by email with delivery receipt requested (“Notice”). BKD’s email for Notice is  legal@brettkingdesign.com  . The Notice must describe the nature and basis of the Dispute and specify the relief sought (“Demand”).

2. Good-Faith Negotiation: Upon receipt of the Notice, the parties will meet and confer (in person, by phone, or by video conference) and work in good faith to resolve the Dispute for  thirty (30) days, or for any longer period mutually agreed in writing.

If the Dispute is not resolved within that time, either party may commence arbitration as set forth below.

Binding Arbitration

If the parties cannot resolve a Dispute through the process above, you and BKD agree that  all remaining claims will be resolved by binding arbitration. Arbitration is less formal than a court proceeding, uses a neutral arbitrator instead of a judge or jury, and can result in more streamlined discovery. Arbitrators may award the same damages and relief as a court.

YOU AND BKD WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Nothing herein prevents either party from (i) seeking temporary or preliminary injunctive relief in aid of arbitration in a court of competent jurisdiction in Clark County, Nevada, or (ii) filing an individual claim in small-claims court for qualifying disputes.

Arbitration Rules; Seat; Language

●  Unless otherwise agreed in writing, arbitration will be administered by  National Arbitration and Mediation (“NAM”)  under its Comprehensive  Dispute Resolution Rules and Procedures (“NAM Rules”).

●  The seat of arbitration will be  Las Vegas, Nevada  ,  or, at the claimant’s election, by secure video conference.

●  The arbitration will be conducted in  English.

●  If the amount in controversy is  under $1 million  ,  the dispute will be heard by  one (1) neutral arbitrator  ; otherwise, by a panel of  three  (3) neutral arbitrators  . All arbitrators must be (a) licensed attorneys in the U.S. with at least fifteen (15) years of legal or senior-level business experience or retired judges with at least five (5) years on the bench, (b) have five (5) years of arbitral experience, and (c) be listed on NAM’s roster of neutrals. The arbitrator(s) have exclusive authority to resolve any dispute regarding the interpretation, applicability, or enforceability of this arbitration agreement.

Fees

●  Filing fees will follow NAM’s then-current schedule.

●  If your claim is  $15,000 or less, you may elect document-only arbitration.

●  The arbitrator may re-allocate fees if a claim or relief sought is deemed frivolous under Federal Rule 11(b).

●  The arbitrator will issue a reasoned written decision, which will be confidential except as required by law or to enforce the award.

No Class Actions

To the fullest extent permitted by law,  any arbitration or claim must be brought on an individual basis  . The arbitrator may not consolidate  claims or award class-wide relief. If a claim proceeds in court (despite this clause), you waive any right to a jury trial.

Miscellaneous

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If any portion of this “Governing Law and Dispute Resolution” section is deemed unenforceable, the remainder will remain in effect, and the unenforceable portion will be construed to the maximum extent permitted by law to give effect to the parties’ intent.