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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