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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Powersport Superstore, Inc.. The collective work includes works that are licensed to Powersport Superstore, Inc.. Copyright 2010, Powersport Superstore, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Powersport Superstore, Inc. or purchasing Powersport Superstore, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Powersport Superstore, Inc. or to purchase Powersport Superstore, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Powersport Superstore, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Powersport Superstore, Inc. used in the site are trademarks or registered trademarks of Powersport Superstore, Inc.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Powersport Superstore, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Powersport Superstore, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Powersport Superstore, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

 
Shipping Indemnification
Powersport Superstore, Inc. shall not be liable for errors by the shipping company. Powersport Superstore, Inc. shall not be liable for lost, stolen, or damaged packages during shipping. NOTICE TO CUSTOMERS: Residential shipments do not require a signature and will be left at your door or in your mailbox by the shipping company without requiring customer signature. Powersport Superstore, Inc. shall not be liable for lost, stolen, or damaged packages after shipping or after being delivered or marked as delivered by the shipping company.
 

Limitation of Liability
Powersport Superstore, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Powersport Superstore, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Powersport Superstore, Inc. product is mistakenly listed at an incorrect price, Powersport Superstore, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Powersport Superstore, Inc. reserves the right to refuse or cancel any such orders 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, Powersport Superstore, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
 

Price Match Policy Limitations
Our Price Match Policy is a courtesy that Powersport Superstore, Inc. chooses to provide, but the application of this policy is in no way guaranteed. Powersport Superstore, Inc. reserves the right to refuse to price match any competing retailer on any website or marketplace for any or no reason whatsoever.  Price matching does not apply to orders after they have been made; all price match requests must be made before orders have been placed. Price Match Policy only applies to PowersportSuperstore.com and does not apply to any other marketplace Powersport Superstore, Inc. may sell items to include Ebay or Amazon.com.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Powersport Superstore, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Powersport Superstore, Inc. reserves the right to modify these terms and conditions at any time without notice.


Notice
Powersport Superstore, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Powersport Superstore, Inc..


Miscellaneous
Powersport Superstore, Inc. reserves the right to cancel an order at any time without notification for any or no reason whatsoever.  Powersport Superstore, Inc. reserves the right to refuse business to any customer or potential customer at our discretion.  Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Powersport Superstore, Inc. products) shall be in the state or federal courts located in Williamson County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Powersport Superstore, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Powersport Superstore, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Powersport Superstore, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Powersport Superstore, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Powersport Superstore, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Powersport Superstore, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Powersport Superstore, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Powersport Superstore, Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Powersport Superstore, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Powersport Superstore, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Powersport Superstore, Inc., Powersport Superstore, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Powersport Superstore, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Powersport Superstore, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
 
 
Returns and Refused Packages
  • Returns will not be accepted without a RMA (return authorization number).
  • Returns due to our error or on products that are defective from the manufacturer will gladly be returned or exchanged without a restocking fee.
  • Items may be returned within 30 days of the receipt of the item.  The purchase will be refunded (minus a 20% restocking fee), and the customer is responsible to pay for shipping back to us and the original shipping charge will not be refunded.
  • Items not in their original packaging or in their original condition are not returnable.
  • Products being returned must be shipped freight pre-paid; no COD's. (If the return is due to our error or product defect, we will provide you with a prepaid shipping label.)
  • Shipments refused by the customer are subject to a 20% restocking fee. Original shipping and handling fees are non-refundable.
  • Shipments we recieve back from the shipping carrier due to being undeliverable, being incorrectly addressed, not picked up by the customer at the shipping facility, or any other similar reason are subject to a 20% restocking fee.  Original shipping and handling fees are non-refundable.
  • If your order originally qualified for and was shipped free, shipping charges will be deducted from the refund amount if the return causes your order total to drop below the required minimum for free shipping.
  • Refunds must be issued to the original payment method used. If the original payment method is not available, a store credit will be issued.
We do not accept returns on:
  • Any item that is returned more than 30 days after delivery.
  • Any item that is not in its original condition, is damaged, used, or is missing parts.
  • Special order, closeout, or discontinued products.
  • Electrical products.
  • Any CD, DVD, VHS tape, software, or video game that has been opened (taken out of its plastic wrap).
  • Products that were originally delivered via e-mail or download.
International returns:
  • In addition to the policies above, international product returns MUST include the following statement clearly written on the return parcel: CONTENTS - RETURN GOODS OF U.S. ORIGIN
To request a Return Authorization Number:
  • RMA requests must be made to a LIVE PERSON either via the Live Chat available at the left of every page on the website during normal business hours or via the phone at 512-535-5010.  Emails sent to the company regarding RMA requests or Voicemails left will NOT be responded to.  Only a live customer service representative will be able to give you an RMA number.
 
Shipping Performance
Powersport Superstore, Inc. will attempt to process orders and ship items as quickly as possible, but the actual time it may take to process and ship an item may vary from the estimates stated on the website.  For instance, an order may not ship the same day even though the order was placed by the shipping cutoff time.  By use of this website you agree and understand that an item may require additional processing time and not ship out immediately.  Powersport Superstore, Inc. will not refund shipping charges for orders a customer feels have shipped out late; regardless of the day the order ships, it requires the same shipping cost to send the order to its destination.  We also do not guarantee a delivery service once an item is shipped.  We will not refund an order because a shipping company took extra time to deliver a package.  For instance, if UPS takes 3 days to deliver a 2nd Day Air package, we will not refund the second day charge. We may as a courtesy file a claim with UPS to attempt to recover the shipping costs in such circumstances and if UPS agrees to refund the shipping costs to us, refund the customer the shipping.  Powersport Superstore, Inc. filing of a claim with the shipping company requesting a refund of the shipping costs and/or refunding of those shipping costs to the customer are not guaranteed.

Content Errors
While Powersport Superstore, Inc. make every effort for all information and pricing to be correct, Powersport Superstore, Inc. cannot guarantee that in all instances descriptive information, pricing, or photos will always be correct on Amazon.com.  If an error in description of pricing occurs, Powersport Superstore, Inc. may cancel an order prior to shipment, substitute another equivalent item prior to shipment, issue a pre-paid return label for the item already shipped for a refund or exchange at Powersport Superstore, Inc.'s sole discretion.
 
Pricing and Shipping Changes
Powersport Superstore, Inc. reserves the right to change pricing, descriptions, promotions or any other aspect of our products at any time without notice.  Pricing reflected in catalogs, advertisements, website links may not reflect current prices and Powersport Superstore, Inc. is under no obligation to honor said prices.  Shipping prices reflected when an order is placed may not reflect acual shipping cost.  Powersport Superstore, Inc. reserves the right to require more payment for shipping or for a product when the shipping price given at checkout is inadequate to ship items to the customer or the price of a product was misrepresented on the website. Powersport Superstore, Inc. reserves the right to cancel an order for any or no reason to include refusal of a customer to pay amount requested for a price or shipping adjustment.
 

Taxes and Duties for International Shipments
Powersport Superstore, Inc. is not responsible for paying any taxes or duties that the customer's country may charge for incoming shipments.  These Taxes, Duties, or other fees are the responsibility of the customer.
 

Chargeback Fees
If a customer files a fraudulent chargeback against Powersport Superstore, Inc., we will charge the customer a fee of 100% of the value of the order or 200$, whichever is less.  A fraudulent chargeback is when a customer makes a claim with their credit card company, paypal, Amazon.com, etc. indicating that they never ordered, didn't receive, or otherwise deserve to have their money back.  If a customer files a chargeback that is later determined by the credit card company , Paypal, or Amazon.com to be false, (i.e. the charge is represented to Powersport Superstore, Inc., we will charge the card according to the fee structure indicated to recover the costs of preparing and filing a case to defend our ourselves from this crime.  We will also then report your crime to the proper law enforcement authorities.
 
 
Order Cancellations
Orders cannot be cancelled after they have been shipped.  We will make every effort to cancel orders before they ship but this cannot always be done.  If a customer places an order, then Powersport Superstore incurs a cost of processing the order that it cannot recover, Powersport Superstore, Inc. reserves the right to charge that amount to the customer before issuing a refund.  For instance, if the company special orders an item that we cannot return to the manufacturer without a restocking fee and the customer wishes to cancel the order, the customer will pay the restocking fee by virtue of a reduction of the amount refunded to them upon order cancellation.
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