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Terms of Use
Terms of Use
Consent to Terms
These Terms of Use will govern your use of our GoPowerSports Website or any features of this site, including, but not limited to, online ordering, placing testimonials or requesting catalogs (collectively, "GoPowerSports Website"). By using the GoPowerSports Website, you agree to be bound by these Terms of Use and the Privacy Policy. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the GoPowerSports Website. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective upon posting. Your continued use of the GoPowerSports Website following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.
Copyrights
The contents of the GoPowerSports Website are protected by U.S. and international copyright laws. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the GoPowerSports Website without the prior written consent of GoPowerSports. All rights not expressly granted in these Terms of Use are reserved to GoPowerSports.
Rules of Use of the GoPowerSports Website
By using the GoPowerSports Website, including by submission of comments, photographs, e-mails or other content or materials, on or through the GoPowerSports Website, you agree to the following rules:
You must be at least eighteen (18) years of age to post, upload, transmit or submit for posting on the GoPowerSports Website or for use in any media, any content, materials or personally-identifying information, participate in any online contests or place an order through the GoPowerSports Online Shop
You may not post, upload, transmit or submit any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights or that constitutes hate speech.
You may only post, upload, transmit or submit materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.
You may not post, upload, transmit or submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the GoPowerSports Website to distribute chain letters, mass mailings, "spam" or otherwise duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the GoPowerSports Website.
By posting, uploading, transmitting or submitting any content or material on or through the GoPowerSports Website, you hereby grant GoPowerSports a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sub-license, modify, transmit, publicly perform or display that content or material, and your name and location (city, state and/or country) if you provide that information to us, in connection with that content material, in all media, whether or not now known, and pursuant to any other license terms that may otherwise be set forth in these Terms of Use.
Any non-personal communication or material you transmit to the GoPowerSports Website by electronic mail or otherwise, including any photographs, data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of GoPowerSports and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, GoPowerSports is free to use for any purpose whatsoever (including, but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting the information. By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that GoPowerSports' use will not violate any third party's rights or otherwise place us in breach of any applicable laws.
By using the GoPowerSports Website, you agree to abide by these rules. You acknowledge that GoPowerSports has the right to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the GoPowerSports Website or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that GoPowerSports has the right to limit or terminate your or any other person's access to or registration in the GoPowerSports Website for any reason, including violation of these Terms of Use.
Indemnity
You agree to indemnify and hold GoPowerSports and its subsidiaries, affiliates, officers, agents, employees, partners and licencors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any comments, photographs, material or other content you submit, post, transmit or otherwise make available through the GoPowerSports Website, your use of the GoPowerSports Website, your violation of these Terms of Use, or your violation of any rights of another.
SMS
Message frequency varies. This service is optional and is not a condition for purchase. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the below procedures.
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a "Text Message") sent through an automatic telephone dialing system. These may include cart reminder messages.
You further acknowledge that no purchase is required to opt into this communications service, and you may opt out at any time by following instructions from GoPowerSports. To discontinue receiving SMS messages from GoPowerSports at any time, reply STOP, call 866-846-5278 or email sales@gopowersports.com. For help, call 866-846-5278 or email sales@gopowersports.com.
Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "AS IS" basis.
Data obtained from you in connection with any Text Message services may include your cell phone number, your provider's name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.