By purchasing goods from SUPER POWERSPORTS,
You agree and acknowledge the following:
- Waiver of liability: All vehicles and all parts and materials are inherently dangerous in handling, operation, assembly and servicing. It is your responsibility to always check mechanical condition of the purchased item and to ensure that the purchased item is properly maintained and serviced. Always check the mechanical condition of the purchased item after the first use. Make sure that all joints are properly functioning, all bolts and connections are tied, tires maintain proper pressure and all parts are operational. Most items are shipped from the manufacturer in a disassembled state and all parts and joint of the purchased product may require to be tied or tightened after initial use to ensure that they are fitted in properly. All vehicle, with the exception of electrical scooters (power assisted bicycles) and gasoline scooter are for off road use only. By taking ownership of this product you agree that Super Powersports.., its officers, directors and employees (from now referred to as ATV Edmonton) shell not be held liable for any damages, loss, or expense of any kind, arising out of or resulting from your possession or use of the item sold whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Super Powersports be liable to the user for any direct, indirect, special, incidental, consequential, arising out of or in any way related to the materials, parts or any products or services sold. You specifically agree to bear all risks associated with the use, possession, ownership and handling of the purchased product(s) and specifically agree not to commence any legal action against ATV. Edmonton claiming any liability of Super Powersports for any damages, loss or expense of any kind, arising out of or resulting from your possession, ownership, use or handling of the item sold whether such liability is based in tort, contract or otherwise. Parental supervision Is always suggested for all children under the age of 18. It is solely the owner’s responsibility to ensure that all users of any products always wear proper protective gear when riding, servicing or repairing any item sold and obey all laws. Batteries should not be stored in freezing temperatures for lengthy periods of time. Warning Labels . You acknowledge and agree that the purchased vehicle is never to be operated by child without supervision and that it is solely your responsibility to ensure that any user(s) of the purchased item, including any child, always wear protective clothing approved for off road vehicles when riding, such as helmets, eye protection, gloves, boots, long pants, long sleeves shirts or jacket, never carry a passenger (unless otherwise outlined by the manufacturer), take time to learn and practice, do not drink and ride, stay within physical limit, do not operate on public roads or paved surfaces (expecting powder assisted bicycles and gasoline scooters), do not remove hands and feet from the handlebars/ footrests, do not operate at excessive speeds, use extra care on unfamiliar terrain, use extra care when in poor conditions, or rough, slippery, or loose terrain, do not attempt wheelies, jumps, or stunts, or dangerous manoeuvres, turn at low speeds, learn safe controlled skidding, avoid excessively steep hills, never operate in fast-flowing water, maintain proper tire pressure, maintain vehicle in safe condition, do not modify the vehicle, comply with all warning labels on all products.
- Warranty: The parts of all new vehicles sold are warrantied to be free from defects in materials and workmanship, subject to the following exclusions and limitations. New vehicles sold to original retail consumers are covered by this policy for a period of 60 days from the date of delivery. There is no mileage limitation. Vehicles used in rental service or for certain commercial purpose are specifically excluded from this policy. Items and conditions that are specifically excluded from this warranty program are: 1. Damage caused by accidents, misuse, negligence, improper vehicle operation. 2. Any modification or alteration to any standard specifications or equipment or original design. 3. Any repairs made by an unauthorized dealer or service firm. 4. Use of non-genuine parts (parts not manufactured by the same manufacturer as the purchased item). 5. Damage caused by failure to perform factory scheduled service maintenance. 6. Damage which occurs as a result of improper storage. 7. Damage caused by the use of improper fuel or lubricants, and/or failure to use proper oil/gas mixture on two stroke models. 8. There is additional damage caused by the failure of the power to immediately cease use and bring the product in for repairs when the problem should have been noticed. 9. The owner has not followed the required break in and maintenance procedures (or cannot provide acceptable evidence of same), or 10. If the products are or have been used for rental, commercial or other business use (this warranty to apply with respect to personal use only). The following parts are specifically excluded from warranty coverage: This warranty is for parts and major components, but excepts normal wear and tear, failed or damaged consumables such as tires, headlamps, light bulbs, brake or brake parts or brake linings, batteries, hoses, belts, chains, clutch plates and facings, gaskets, spark plugs, filters, body panels, seats, hand grips, bumpers, nuts, bolts, pins, cables, rubber parts, sprockets, external springs and normal adjustments not required due to manufacturer defect. This warranty shall begin on the earlier of the dates a customer takes deliver of a product or the date the product was first put into service (for example as a demo). All defective parts will be replaced free of charge during sixty days period however standard S&H fee will be collected. Fee will cover shipping and handling only. Replacement part(s) will be supplied at no charge. Labor cost is not covered on all vehicles purchased. Warranty cover replacement parts only. During the warranty period. Super Powersports obligations shall be limited, at its option, to the parts requiring replacement of any warranted component which it determines to be subject to an apparent or latent defect in material or workmanship which would have existed at the time of manufacture. The warranty period on the replaced component will be that time remaining of the original warranty period for the original subject component. If a component is deemed to be defective upon inspection by Super Powersports will process the warranty of the supplier, or with respect to products, at its option Super Powersports. will replace the defective component providing that the warranty request from has been completed and authorized as is required. Super Powersports will not be responsible for inconvenience, loss of time, loss of income or loss of use of the product or any consequential damage of any kind, storage costs, or transportation and shipping costs related to the performance of this warranty. IN NO EVENT SHALL Super Powersports. BE LIABLE FOR PERSONAL INJURY, DAMAGE OR DEATH, OR FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES CONNECTED WITH THE FAILURE OF ANY PRODUCT(S) COVERED UNDER THIS WARRANTY. Except as expressly set forth above, Super Powersports makes no warranties, express or implied, or statutory. The foregoing warranty supersedes all other warranties or conditions express or implied, dated, or undated, and shall constitute Super Powersports. sole liability and are in lieu of all other warranties and conditions regardless of whether they be written or verbal, statutory, express or implied, including the implied conditions of reasonable fitness for purpose, Merchantability and correspondence with description. Without limiting the foregoing, Super Powersports liability on any claim, weather in contract, tort (including negligence) or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement, or use of the components shall in no case exceed the price allocable to the components or part thereof, which gives rise to the claim. Super Powersports, reserve the right to change or improve the design of a warranted component without obligation to make modifications to or replace previous models of that component already sold.
- Execution by Purchase: I, the purchaser of the above noted item(s) being above the age of 18 years of age or parent of a child under the age of 18 years of age, agree to all terms set out herein above and specifically agree and acknowledge as follows: I acknowledge and understand that riding an ATV, Go Kart, Mini Chopper, Dirt Bike, Motorcycle, Pocket Bike, Electrical Scooter and Gasoline Scooter (from now referred to as VEHICLE(s) is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage, or injury while riding these VEHICLES. I am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of VEHICLES as well as those inherent risks, hazards, and dangers of personal injury, death and disability. I am aware that the usual risks, hazards and dangers of personal in jury and disability increase with inexperience. I hereby agree to release and forever discharge Super Powersports and all other persons or entities acting or their behalf from any and all claims, action, damages, liability, cost or expenses and attorney fees which are related to, arise out of , or are in any way connected to my participation or use of the VEHICLES, use of equipment or property supplied by Super Powersports…, and / or my presences upon Super Powersports. Premises, whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, the manufacturer or the distributor. By this AGREEMENT, it is my intention to surrender and waive any rights to sue or exercise any legal right to seek damages from Super Powersports. And all other persons or entities acting on their behalf. This AGREEMENT shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I hereby certify that I am over the age of 18 years of age. I have carefully read the foregoing and acknowledge that I understand and AGREE to all of the above terms and conditions. I have had the opportunity to ask any and all questions regarding this AGREEMENT and effect of the same. I am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risks and waive and release certain substantial rights that I may have or possess. I therefore release all liability and waive all rights I may have in regard to my child’s activities with the above item(s). I have read this waiver of liability, assumption of risks and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights by agreeging to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee being made to me. My purchase is to be considered as a complete and unconditional release of all liability to the greatest extent allowed by law.
Legal Disclaimer
Before purchasing a unit on this site, you agree that you have done the appropriate research regarding safe operation and maintenance of the vehicle, and will handle the unit in compliance with the laws of your state and local laws for off-road and on-road vehicles. You agree unequivocally and without exception to hold Smart Deal Now and all owners, partners, employees, parent companies, subsidiaries and affiliates from any legal, monetary, or medical damage, injury or expenses whatsoever which resulted directly or indirectly from your purchase or use of any product sold or mentioned on this website
TERMS OF SERVICE
—–
OVERVIEW
This website is operated by Super Power Sports. Throughout the site, the terms “we”, “us” and “our” refer to Super Power Sports. Super Power Sports offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is developed on WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Super Power Sports, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Super Power Sports and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington County, Arkansas US.
SECTION 19 – MCO & TITLING
If you have purchased the title processing fees with your vehicle, you will receive a document called an MCO (manufacturers certificate of origin), it is important to note that this document can be exchanged for the title for your vehicle by your local DMV. We have described the item on our site as “Title Processing” because most customers are unfamiliar with the term ‘MCO’. Some states will ask for our Dealer License number to complete the titling process, our dealer license number is C1120.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at superpowersportsusa@gmail.com.