Terms Of Service
Last updated January 3, 2022
AGREEMENT TO TERMS
We are Ocala Powersports (“Ocala Powersports,” “we,” “us,” or “our”), a company registered in the State of Delaware. We operate the website https://ocalapowersports.com (the “Website”).
By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service”), 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.
THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
Please read these Terms of Service carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions in these Terms of Services, 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.
1. Changes to 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 without prior notice. It is your responsibility to check this page periodically for changes, which will go into effect on the last updated date specified above. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms of Service on your behalf and you may only access and use the Website with permission from your parent or legal guardian.
In order to make a purchase through the Website, you must be 18 or older (or at least the age of majority in your state) and have a valid credit card or other acceptable electronic payment method. Subject to these Terms of Service, you may not use the Website if you are unable to form a legal binding agreement with us.
3. Products and Services Use
The products and services available on the Website, including any samples that are provided, are for personal use only. You may not sell or resell, either directly or indirectly, any of the products, services, or samples that you purchase or receive from us. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in a violation of our Terms of Service.
In addition to other prohibitions as set forth in the Terms of Service, you are strictly prohibited from using the Website or Content for any unlawful, obscene or immoral purpose, or to:
solicit others to perform or participate in any unlawful acts;
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or to post or share anything that is otherwise objectionable;
submit false or misleading information;
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;
collect or track the personal information of others;
phish, pharm, pretext, spider, crawl, or scrape any portion of the Website;
interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
send unsolicited or unauthorized advertising or commercial communications, such as spam; or
advocate, encourage or assist any third party in doing any of the foregoing.
We reserve the right to terminate your use of the Service or any related website for violating these Terms of Service or engaging in any of the prohibited uses.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, images or any other content available on the Website are accurate, complete, reliable, current, or error-free.
The material on the Website 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 the Website is at your own risk.
The Website 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 the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website should be taken to indicate that all information in the Website has been modified or updated.
5. Purchases, Pricing and Orders
Purchase and Payment
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. 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.
You authorize us to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits us to: (a) debit or credit your debit card, credit card, or other payment methods that we accept (“Cards”); or (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order us to commit your payment to us. Your authorizations will remain in full force and effect while you maintain your account with us.
Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude taxes and shipping fees. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. The prices displayed on our Website may differ from prices that are available in stores, and our pricing may differ from store to store.
Occasionally we will offer special promotions to our customers. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
We reserve the right to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors. If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
We reserve the right to accept, reject, refuse or cancel any order you place with us at any time without prior notice. 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.
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. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website 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.
6. Your Account and Personal Information
7. Third Party Links
Certain content, products and services available via the Website may include materials from third-parties. Links appearing on the Website are for convenience only and are not an endorsed by us, our affiliates or our partners of the referenced content, product, service, or supplier. 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 carefully review 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.
8. Intellectual Property
All information and content on the Website that is provided by us, including but not limited to its “look and feel,” trademarks, logos, service marks, slogans, product and character names, text, original artwork, graphics, button icons, photographs, images, screenshots, video and audio clips, music, digitally downloadable files, data compilations and software, and the compilation and organization thereof (“Content”) is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Ocala Powersports, and is protected by United States and international laws.
You are authorized to access and use the Services and related Content solely for your personal, non-commercial use. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from any portion of the Services or Content on any media without our prior written or electronic approval. Your unauthorized use of the trademarks, service marks, trade dress and copyrighted material displayed on the Website is strictly prohibited.
9. Comment Submission Policy
We welcome your comments and feedback about us, the Services, or the Website. However, your submission of comments, feedback, questions, suggestions, notes, messages, ideas or other communications (“Comments”) shall constitute an assignment to Ocala Powersports of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be free to reproduce, use, disclose and distribute the Comments to others without limitation, and to use any ideas, concepts, know-how, content or techniques contained in the Comments for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting. We are under no obligation to: (a) protect the Comments from disclosure; (b) to pay compensation for any Comments; or (c) to respond to any Comments.
10. User Content
You may upload, submit, store, send, or receive content and data (your “User Content”) through the Website or to us, as permitted through the Website or as solicited through our advertising campaigns or promotions. We may, for example, ask you to respond on social media platforms with a specific hashtag relating to a campaign or our brand. By directing those responses to us, those responses and submissions are considered “User Content” for the purposes of this Terms of Service.
When you upload, submit, send, or otherwise provide your User Content through the Website or to us, you are acknowledging and agreeing to the following:
You confirm that you own all right, title and interest to your User Content, including any images, videos, and text included therein, and that your User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
You give us and our Affiliates permission to repost, share, regram, copy, display, distribute, reproduce, modify, create derivative works of, or otherwise use (“Use”) your User Content on the Website, our social media feeds on Instagram and Facebook, print, email, display advertisements and other marketing channels (“Marketing Channels”), anywhere in the world and for any purpose. This permission does not expire.
You understand that your User Content may appear in connection with our advertising and promotions, in public view.
We are under no obligation to compensate you (monetarily or otherwise) for our Use of your User Content now or in the future.
We may remove your User Content from any Marketing Channel for any reason, or may just decide not to Use your User Content.
You release us, and our respective directors, officers, employees, agents, representatives, successors and assigns from and against all liability relating to your permission and our Use of your User Content.
If you are under the age of 18, you represent that a parent or legal guardian also agrees to above-mentioned terms on your behalf.
You retain ownership of any intellectual property rights that you hold in your User Content.
11. Copyright Complaints
We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content featured in the Marketing Channels infringes your copyright, or other intellectual property rights, please notify us by providing the following information:
Your address, telephone number, and email address.
A description of the copyrighted work that you claim has been infringed.
A description of where the alleged infringing material is located.
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Failure to comply with the requirements above may render your notice invalid. Your notice should be sent to Ocala Powersports – Legal Team, 16340 S Hwy 475, Summerfield, FL 34491. All other inquiries or complaints should be directed to customer service.
12. Warranty Disclaimer & Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF SERVICE, THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE ALSO DISCLAIM ANY LIABILITY FOR CLAIMS ARISING OUT OF MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT Ocala Powersports OR ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ocala Powersports OR ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES, AND OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY.
Laws in certain states do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of liability for incidental or consequential damages. To the extent such laws apply, some or all of the disclaimers, exclusions, or limitations set forth herein may not apply and other rights may be available. In such cases, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
13. Product Information
Ocala Powersports is a distributor of products. Information about the products in the Ocala Powersports catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Ocala Powersports catalog, literature or websites does not constitute the right to purchase products. Ocala Powersports reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Ocala Powersports catalogs and websites, and Ocala Powersports reserves the right to correct or change such pricing errors without notice. Ocala Powersports further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Ocala Powersports.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
California Proposition 65
The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. More information about Proposition 65 is available at www.p65warnings.ca.gov. For identification of products which contain a chemical subject to Proposition 65, go to .com. Applicable Proposition 65 warning(s), (see below) are provided directly on the OcalaPowersports.com product page and upon product purchase.
Warning: This product contains a chemical known to the State of California to cause cancer.
Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.
Purchasers of Products used with or for Potable Water
The Federal Safe Drinking Water Act and regulations in CA, LA, MD, and VT prohibit plumbing products (including but not limited to pipes, pipe fittings, solder, flux, plumbing fitting, etc.) used to convey water for human consumption that are not “lead free” as defined by the regulations. In order to determine your particular state’s standards applicable to the products you purchase for use in or for potable water applications, direct your inquiries to the appropriate regulatory agency in your state. In order to determine the federal standards applicable to the products you purchase for use in or for potable water applications, visit http://water.epa.gov/drink/info/lead/index.cfm.
Important Notice to Federal Customers Re: Country of Origin
While products listed on GSA Advantage!® meet the requirements of the Trade Agreements Act (“TAA”), as implemented by Federal Acquisition Regulations Part 25, other products sold by Ocala Powersports may not meet the requirements. At the time of purchase, Ocala Powersports will advise properly identified and authorized Federal Customers if a product is “TAA-compliant.” Any Federal Customer purchasing a non-TAA item will be making an “open market” purchase that is not covered by any contract. Federal Customers are advised that the open market purchases are NOT GSA schedule purchases. By purchasing any product on the open market, the Federal Customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations.
To the fullest extent permitted by applicable law, you agree to indemnify and hold us and our Affiliates harmless from any loss, liability, 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, your violation of any law or the rights of a third-party or your User Content.
15. Arbitration & Waiver of Certain Rights
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Ocala Powersports WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Arbitration and Trial by Jury
Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that you cannot afford to do so, in which case we will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. We also reserve the right in our sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
The arbitration may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
The arbitration may be conducted in New York, New York or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms of Service and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Class Action Waiver
YOU AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU FURTHER AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES FOR SUCH A RIGHT.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (a) a violation of intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with section entitled “Governing Law” below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court's jurisdiction in lieu of arbitration
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 Website. 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).
17. Governing Law
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions, the 1980 United Nations Convention on Contracts for the International Sale of Goods or other international laws.
Any action relating to the use of the Website or any transaction with Ocala Powersports must be brought in the state or federal courts located in New York, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, delays due to product held by Customs for inspection.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions and will be enforceable to the fullest extent permitted by applicable law.
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 the Website or in respect to the Service constitute the entire agreement 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.
19. Contact Information
Questions about these Terms of Service or any other customer service related inquiries should be sent to us at info@Ocalapowersports.com.