Terms and Conditions of Use
Please read them carefully. When you use any current or future Powersports Performance service.
IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE Powersports Performance SITE.
ACCEPTANCE OF TERMS
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms and Conditions of Use”). We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Powersports Performance reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Powersports Performance and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Powersports Performance and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Canadasmotorcycle.ca or its affiliates for all claims resulting from content you supply. Powersports Performance has the right but not the obligation to monitor and edit or remove any activity or content. Powersports Performance takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.POWERSPORTS PERFORMANCE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM POWERSPORTS PERFORMANCE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE.
- BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Risk of loss
All items purchased from Powersports Performance are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
Powersports Performance attempt to be as accurate as possible. However, Powersports Performance does not warrant that product descriptions or other content of the Powersports Performance site are accurate, complete, reliable, current, or error-free. If a product offered by Powersports Performance itself is not as described, your sole remedy is to return it in unused condition.
PRICING INFORMATION, AVAILABILITY DISCLAIMER
All pricing is subject to change. Powersports Performance reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Powersports Performance cannot guarantee that it will be able to fulfill Customer's orders.
ORDERS, PAYMENT TERMS, INTEREST, TAXES
Orders are not binding upon Powersports Performance until accepted by Powersports Performance. Powersports Performance reserves the right to refuse service to anyone. Terms of payment are within Powersports Performance's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Powersports Performance may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Powersports Performance harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Powersports Performance's costs of collection, including court costs, filing fees and attorney's fees.
ACCOUNTS AND PASSWORDS
Customer is responsible for maintaining the confidentiality of Customer's account information and password and for restricting access to such information and Customer computer. Customer agrees to accept responsibility for all activities that occur under Customer's account or password.
Motorcycles can be dangerous. Powersports Performance has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL POWERSPORTS PERFORMANCE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF POWERSPORTS PERFORMANCE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, MOTORCYCLE SUPERSTORE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Powersports Performance will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Please check the links on the left for other policies that Powersports Performance might have.