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TERMS AND CONDITIONS
 

INTRODUCTION

3BR Powersports, LLC. ("3BR Powersports", “We”) makes available information and materials on this website (“the Site”), subject to the following terms and conditions. By accessing the Site, you agree to the terms and conditions as outlined in this legal notice and not to use the Site for unlawful purposes. 3BR Powersports reserves the right to change these terms and conditions from time to time at its sole discretion without prior notice. Your continued use of this site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. Failure of 3BR Powersports to exercise any right, expressed or implied within this document, shall not constitute waiver of such right.

COPYRIGHT NOTICES

The content of the Site is protected by copyright:

Copyright © 2009-2010 3BR Powersports Inc., All rights reserved.

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as specifically permitted herein, no portion of the information on the Site may be reproduced in any form or by any means without the prior written permission of 3BR Powersports. Notwithstanding the above, 3BR Powersports hereby authorizes you to copy documents published by 3BR Powersports on the Site for use within your organization only. In consideration of this authorization, you agree that any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein and shall not be modified or altered in any way. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from 3BR Powersports is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited.

The Site incorporates, with permission, the copyrighted works of others in the form of computer code and images. As such, the copyrights on those portions of this site remain with their owners. You agree that 3BR Powersports neither warrants nor represents that your use of materials displayed on the 3BR Powersports sites will not infringe rights of third parties not owned by or affiliated with 3BR Powersports.

KTM  picture on home page copyright KTM Sport motorcycle AG. Photographer P. Mathis. All right reserved. Used with permission.

TRADEMARKS

Certain trademarks, trade names, service marks and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of 3BR Powersports and its affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. You agree that nothing contained on the 3BR Powersports sites should be construed as granting, by implication, or otherwise, any license or right to use any trademarks on products, in advertising or publicity, or for any other purpose without the written permission of 3BR Powersports or such third party that may own the trademarks.

Thee following trademarks, logos, and service marks displayed on the 3BR Powersports sites are registered and common law trademarks of 3BR Powersports and others:

  • Baryl Socket
  • Baryl Plug
  • Baryl Rack
  • Tiny Accessory Power Port (TAPP
  • TAPP CAPP
  • Brulloy

All other trademarks are the property of their respective owners.

USE OF IMAGES

Images displayed on the 3BR Powersports sites are either the property of, or used with permission by, 3BR Powersports. You agree that use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

WARRANTIES & DISCLAIMERS

ALL INFORMATION ON THE SITE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 3BR POWERSPORTS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. IN NO EVENT SHALL 3BR POWERSPORTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. 3BR POWERSPORTS DOes NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE, INFORMATION, OR COMMUNICATAION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM 3BR POWERSPORTS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS OF USE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 3BR POWERSPORTS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Any 3BR Powersports publication may include technical or other inaccuracies. Changes are periodically made to these publications. 3BR Powersports may make improvements and/or changes in the products and/or the programs described in these publications at any time without notice.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 3BR Powersports and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. 3BR Powersports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 3BR Powersports in asserting any available defenses.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 3BR Powersports with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and 3BR Powersports with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

3BR Powersports reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and any licenses granted through the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that 3BR Powersports shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

LINKS TO OTHER WEBSITES

The Site includes links to other websites which may be relevant, but which 3BR Powersports does not control. You agree that 3BR Powersports is not responsible for these sites and does not endorse their content.

PRODUCT PRICING & AVAILABILITY

3BR Powersports reserves the right to change pricing or withdraw products from sale without notice at any time for any reason or no reason whatsoever. All orders are subject to product availability. Therefore, 3BR Powersports cannot guarantee that it will be able to fulfill your orders. In such cases, 3BR Powersports liability will be limited to full refund of payments received for unavailable items only.

SHIPMENTS, RISK OF LOSS

When you place an order, the order will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. 3BR Powersports retains a security interest in the products until payment in full is received. You will be responsible for all shipping and related charges.

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale constitute a binding contract between you and 3BR Powersports. You accept these Terms and Conditions of Sale by making a purchase, placing an order or otherwise shopping on the Site. These Terms and Conditions of Sale are subject to change without prior notice, except that the Terms and Conditions of Sale posted on the Site at the time you initially place or modify an order will govern the order in question.

These Terms and Conditions of Sale constitute the entire agreement between you and 3BR Powersports relating to the Terms and Conditions of Sale of products on the Site. You consent to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet.

You may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. You agree that the Terms and Conditions of Sale contained herein and in 3BR Powersports’ invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Sale or any purchase order or invoice related thereto. For the purpose of these Terms and Conditions of Sale, "You" means the person or entity that purchases, places an order or otherwise shops at the Site.

The terms and conditions of sale are limited to those contained herein. Any additional or different terms in any forms delivered by customer are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products described in 3BR Powersports' invoice or other 3BR Powersports documentation, customer agrees to be bound by and accepts these terms and conditions of sale unless customer and 3BR Powersports have signed a separate agreement, in which case the separate agreement will govern.

ORDERS, PAYMENT TERMS, INTEREST, TAXES

Orders are not binding upon 3BR Powersports until accepted by 3BR Powersports. 3BR Powersports reserves the right to refuse service to anyone. Terms of payment are within 3BR Powersports’ sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. 3BR Powersports may invoice parts of an order separately. You agree to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. You are responsible for, and will indemnify and hold 3BR Powersports harmless from any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. You must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, you will be responsible for all of 3BR Powersports' costs of collection, including but not limited to court costs, filing fees and attorney's fees.

EXPORT SALES

Software and other materials from the Site may also be subject to export controls of the United States and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories such as Libya, Cuba, North Korea, Syria, Iran or Iraq. No software or other materials from the Site may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions or proscribed by the United States Export Administration Regulations without first complying with the licensing requirements of such regulations. 3BR Powersports does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the Export Laws. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.

FEEDBACK & CONFIDENTIALLY

Please note that 3BR Powersports does not want to receive confidential or proprietary information from you through the Site. Should any viewer of the Site or any 3BR Powersports published document respond with information including feedback data, questions, comments, suggestions, or the like regarding the content of the Site or any such 3BR Powersports document, such information shall be deemed to be non-confidential and 3BR Powersports shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Furthermore, 3BR Powersports is free to use any ideas, concepts, know-how, or techniques contained in such feedback, suggestions or communication and the like for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information.

ONLINE PRIVACY POLICY

3BR Powersports (“I,” “We,” or “Us”) are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personal information you share with us. We do not make any information we obtain as a result of your using the Site available to third parties. We may use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. 3BR Powersports is the sole owner of any information collected. Any information you supply to us is used only for the purpose indicated. We take all reasonable precautions to protect the information you supply to us from unauthorized access or disclosure. Though we would make every effort to preserve user privacy, we will provide access to or make available any information to comply with valid legal process, such as a search warrant, subpoena, or court order, or with any other law; or to process and protect our rights and property.

Like most web sites, our web servers log IP addresses, browser and platform type, date and time, and referring pages only for the purpose of overall statistical analysis of web site usage patterns. This data is not linked in any way to personally identifiable information.

This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Where can you learn more about using the internet and protecting my privacy?

The United States Federal Trade Commission has a web page devoted to providing you with information about protecting your privacy on-line: http://www.ftc.gov/privacy/index.html

   
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