TERMS AND CONDITIONS OF USE
By using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein.
If you do not agree to these Terms and Conditions of Use
please do not use this site. 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.
SurfsidePowersports provides users with a collection of
on-line resources including online shopping and an assortment
of interactive features (the "Service"). Unless
explicitly stated otherwise, any new features that augment
or enhance the Service shall be subject to the Terms and
Conditions of Use. You understand and agree that the Service
is provided "AS-IS" and that SurfsidePowersports
assumes no responsibility for the timeliness, deletion,
mis-delivery, or failure of the Service.
You agree to abide by all terms contained on SurfsidePowersports's
website and not to use this site for any unlawful purpose.
This site maintains and actively collects links that will
send you to other sites on the Internet. Because SurfsidePowersports
has no control over such sites and resources; you acknowledge
that SurfsidePowersports is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect
of the content of such sites. The inclusion of such a link
does not imply endorsement of the site by SurfsidePowersports
or any association with its operators.
Your business dealings or correspondence with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such advertiser. You agree that SurfsidePowersports shall
not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
You acknowledge and agree that the Service and all content
and materials available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other
proprietary rights and laws. Except as expressly authorized
by SurfsidePowersports, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create
derivative works from such materials or content. Notwithstanding
the above, you may print or download one copy of the materials
or content on this site on any single computer for your
personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval
of data or other content from this site to create or compile,
directly or indirectly, a collection, compilation, database
or directory without written permission from SurfsidePowersports
is prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in these Terms and
Conditions of Use is prohibited.
As noted above, reproduction, copying, or redistribution
for commercial purposes of any materials or design elements
on this site is strictly prohibited without the express
written permission of SurfsidePowersports. Permission is
granted only when certain limited criteria are met.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
2. 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.
3. 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.
4. SURFSIDEPOWERSPORTS, 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.
5. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN
OR ORAL, OBTAINED BY YOU FROM SURFSIDEPOWERSPORTS OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TERMS AND CONDITIONS OF USE.
6. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO
YOU.
UNDER NO CIRCUMSTANCES SHALL SURFSIDEPOWERSPORTS, 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 SURFSIDEPOWERSPORTS , HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SURFSIDEPOWERSPORTS'
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless SurfsidePowersports
and its affiliates, affiliated companies, co-branders, other
partners, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of this
site. SurfsidePowersports reserves the right, at it own
expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you,
in which event you will cooperate with SurfsidePowersports
in asserting any available defenses.
SurfsidePowersports makes no representation that materials
on this site are appropriate or available for use in locations
outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on
their own initiative and are responsible for compliance
with local laws.
These Terms of Use shall be governed by and construed
in accordance with the laws of the State of Oregon, excluding
its conflicts of law rules. You expressly agree that the
exclusive jurisdiction for any claim or action arising out
of or relating to these Terms of Use or your use of this
site shall be filed only in the state or federal courts
located in the State of Oregon, and you further agree and
submit to the exercise of personal jurisdiction of such
courts for the purpose of litigating any such claim or action.
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and SurfsidePowersports
with respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or
electronic) between you and SurfsidePowersports with respect
to this site. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and
effect.
TERMS AND CONDITIONS OF SALE
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO
THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS
IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO
BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM
AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS DESCRIBED IN SURFSIDEPOWERSPORTS'
INVOICE OR OTHER SURFSIDEPOWERSPORTS DOCUMENTATION, CUSTOMER
AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS
OF SALE UNLESS CUSTOMER AND SURFSIDEPOWERSPORTS HAVE SIGNED
A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT
WILL GOVERN.
These Terms and Conditions of Sale constitute a binding
contract between Customer and SurfsidePowersports. Customer
accepts these Terms and Conditions of Sale by making a purchase,
placing an order or otherwise shopping on SurfsidePowersports's
Website (the "Site"). These Terms and Conditions
of Sale are subject to change without prior notice, except
that the Terms and Conditions of Sale posted on the Site
at the time Customer initially places or modifies an order
will govern the order in question.
These Terms and Conditions of Sale constitute the entire
agreement between Customer and SurfsidePowersports relating
to the Terms and Conditions of Sale of products on the Site.
Customer consents to receiving electronic records, which
may be provided via a Web browser or e-mail application
connected to the Internet.
Customer may issue a purchase order for administrative
purposes only. Additional or different terms and conditions
contained in any such purchase order will be null and void.
Customer agrees that the Terms and Conditions of Sale contained
herein and in SurfsidePowersports's invoice or other documentation
will control. No course of prior dealings between the parties
and no usage of trade will be relevant to determine the
meaning of these Terms and Conditions of Sale or any purchase
order or invoice related thereto. For the purpose of these
Terms and Conditions of Sale, "Customer" means
the person or entity that purchases, places an order or
otherwise shops at SurfsidePowersports's website.
These Terms and Conditions of Sale shall be governed by
and construed in accordance with the laws of the State of
Oregon, excluding its conflicts of law rules. Customer expressly
agrees that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms and Conditions
of Sale or Customer's use of this site shall be filed only
in the state or federal courts located in the State of Oregon,
and Customer further agrees and submit to the exercise of
personal jurisdiction of such courts for the purpose of
litigating any such claim or action.
When Customer places an order, the order will be shipped
to an address designated by Customer as long as that shipping
address is compliant with the shipping restrictions contained
on this website. All purchases from this website are made
pursuant to a shipment contract. As a result, risk of loss
and title for items purchased from this website pass to
Customer upon delivery of the items to the carrier. Customer
is responsible for filing any claims with carriers for damaged
and/or lost shipments. SurfsidePowersports retains a security
interest in the products until payment in full is received.
Customer will be responsible for all shipping and related
charges.
If this transaction involves an export under the Export
Administration Regulations, the products sold or distributed
under these Terms and Conditions of Sale exported from the
United States by SurfsidePowersports were exported in accordance
with the Export Administration Regulations. Diversion, use,
export or re-export contrary to United States law is prohibited.
In addition, manufacturers' warranties for exported products
may vary or may be null and void for products exported outside
the United States.
Customer understands that SurfsidePowersports is not the
manufacturer of the products purchased by Customer hereunder
and the only warranties offered are those of the manufacturer,
not SurfsidePowersports. All products are sold AS IS. In
purchasing the products, Customer is relying on the manufacturer's
specifications only and is not relying on any statements,
specifications in brochures, photographs or other illustrations
representing the products that may be provided by SurfsidePowersports.
SurfsidePowersports AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED
TO PRODUCTS SOLD BY THIRD PARTIES OR AFFILIATES OF SurfsidePowersports,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS
DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S
WARRANTY, IF ANY.
IN NO EVENT WILL SURFSIDEPOWERSPORTS OR ITS AFFILIATES,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM PRODUCTS PURCHASED BY CUSTOMER.
THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF SurfsidePowersports HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SurfsidePowersports'S LIABILITY IN
SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW. NEITHER SURFSIDEPOWERSPORTS NOR ITS AFFILIATES WILL
BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS, NEITHER SURFSIDEPOWERSPORTS NOR ITS AFFILIATES
ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE
THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING
RISE TO THE CLAIM.
SurfsidePowersports 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.
Motorcycles can be dangerous. SurfsidePowersports 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.
Customer agrees to defend, indemnify, and hold harmless
SurfsidePowersports and its affiliates, or their respective
officers, directors, employees, shareholders, agents, successors,
or assigns from all liabilities, claims, and expenses, including
attorney's fees, that arise from Customer's (a) breach of
these Terms and Conditions of Sale; (b) use of any products
purchased on SurfsidePowersports's website. SurfsidePowersports
reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by Customer, in which event Customer will cooperate with
SurfsidePowersports in asserting any available defenses.
All pricing is subject to change. SurfsidePowersports
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,
SurfsidePowersports cannot guarantee that it will be able
to fulfill Customer's orders.
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.
Orders are not binding upon SurfsidePowersports until
accepted by SurfsidePowersports. SurfsidePowersports reserves
the right to refuse service to anyone. Terms of payment
are within SurfsidePowersports's sole discretion. Invoices
are due and payable within the time period specified on
the invoice, measured from the date of invoice. SurfsidePowersports
may invoice parts of an order separately. Customer agrees
to pay interest on all past-due sums at the lower of one
and one-half percent (1 1/2%) per month or at the highest
rate allowed by law. Customer is responsible for, and will
indemnify and hold SurfsidePowersports 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 SurfsidePowersports's costs
of collection, including court costs, filing fees and attorney's
fees.
If any part of these Terms and Conditions of Sale is held
invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as
nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and
effect.
Customer agrees to thoroughly and carefully inspect all
goods and shipping papers upon delivery. No claim for shortage
or damaged goods will be valid or enforceable against us
unless Customer complies with SurfsidePowersports's policy
on returns and exchanges.
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