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Conditions of Use
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Conditions of Use

Welcome

Welcome to www.megapowersports.com. Mega Power Sports provides their services to you subject to the following conditions. If you visit or shop at Mega Power Sports, you accept these conditions. Please read them carefully. In addition, when you use any current or future Mega Power Sports service, whether or not included in the Mega Power Sports Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Policy, which also governs your visit to Mega Power Sports, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit Mega Power Sports.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mega Power Sports or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mega Power Sports and protected by U.S. and international copyright laws. All software used on this site is the property of Mega Power Sports or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Mega Power Sports and other marks indicated on our site are registered trademarks of Mega Power Sports, Corp., in the United States and other countries. Mega Power Sports graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mega Power Sports
. Mega Power Sports trademarks and trade dress may not be used in connection with any product or service that is not Mega Power Sports, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mega Power Sports. All other trademarks not owned by Mega Power Sports that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mega Power Sports.

LICENSE AND SITE ACCESS

Mega Power Sports grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mega Power Sports. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mega Power Sports. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mega Power Sports and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mega Power Sports name or trademarks without the express written consent of Mega Power Sports. Any unauthorized use terminates the permission or license granted by Mega Power Sports. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mega Power Sports
 so long as the link does not portray Mega Power Sports, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mega Power Sports logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mega Power Sports may sell products for children, but it sells them to adults, who can purchase with a credit card or check. If you are under 18, you may use Mega Power Sports only with involvement of a parent or guardian. Mega Power Sports and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may submit e-mail 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 posting or other content. Mega Power Sports reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant Mega Power Sports 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 Mega Power Sports 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 of 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 Mega Power Sports for all claims resulting from content you supply. Mega Power Sports has the right but not the obligation to monitor and edit or remove any activity or content. Mega Power Sports takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Mega Power Sports and shipped through approved Mega Power Sports methods are made pursuant to a destination contract. All packages shipped under Mega Power Sports carrier contracts are insured through their point of destination. This means the risk of loss and title for such items pass to you upon delivery to the destination.

Other shipping methods arranged by a customer are made pursuant to a shipping contract. This means the risk of loss and title for such items pass to you upon our delivery to the carrier.

If an item is lost during shipment, Mega Power Sports reserves the right to replace the item with an identical or similar item, per insurance replacement clearance.

PRODUCT DESCRIPTIONS

Mega Power Sports and its affiliates attempt to be as accurate as possible. However, Mega Power Sports does not warrant that product descriptions or other content of this site is 100% accurate, complete, reliable, current, or error-free. Power Sports Products prices are tied to market metal prices. Prices may vary based on current market rates, and are not guaranteed without calling for a current price. If a product offered by itself is not as described, your sole remedy is to return it in unused condition.

OTHER BUSINESSES

Mega Power Sports provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Mega Power Sports does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Mega Power Sports ON AN "AS IS" AND "AS AVAILABLE" BASIS. Mega Power Sports MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Mega Power Sports
 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mega Power Sports DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Mega Power Sports ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Mega Power Sports WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Mega Power Sports, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Mega Power Sports
 or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Mega Power Sports or to products or services you purchase through Mega Power Sports shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate Mega Power Sports intellectual property rights, Mega Power Sports may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to Mega Power Sports. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Mega Power Sports, Corp.

390 N. Beach Street
Daytona Beach, FL 32114

Phone: 386.252.8368
Fax: 386.252.8384

http://www.megapowersports.com

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