• Your shopping cart is empty!

Terms & Conditions

Terms of Use


Welcome to dndpowersports.com's Terms of Use. These Terms of Use should be read carefully upon visiting dndpowersports.com (the "Site") and using the Site. Please check back periodically, as dndpowersports.com reserves the right to modify the terms and provisions set forth herein from time to time.




Acceptance of Terms


By visiting the Site or using the Site, you are considered a "User" (also identified as "you" or "your"), and you accept the terms and provisions set forth herein. If you do not agree with all of these terms or provisions, do not visit or use the Site. Visiting and using the Site is expressly conditioned upon the User's assent to all the terms and provisions set forth herein.




Content


dndpowersports.com strives to assist you in shopping for and purchasing manufacturer's original equipment parts, accessories and after-market products in an e-commerce format. However, dndpowersports.com does not guarantee the accuracy, integrity, or quality of any material that is found on, in connection with, or posted to our Site. dndpowersports.com has no obligation to review, screen, edit, monitor, or censor any material contained or presented on or in the Site, including manufacturer's claims or advertising. dndpowersports.com has no liability for any material associated with or found on our Site. dndpowersports.com reserves the right to monitor, access, modify or edit any information, material or use thereof affiliated with the Site; to remove any material that does not comply with the terms or provisions herein; to establish general practices and limitations concerning the use of the Site; and to change these general practices and limits at any time, in its sole discretion, with or without notice.




Conduct


In consideration for use of the Site, each User agrees to provide true, accurate, current, and complete information regarding any information that is required for continued use of, purchase from or registration with the Site. You further agree to maintain and promptly update any required information in order to ensure that it is true, accurate, current, and complete. If information is not maintained and promptly updated, dndpowersports.com reserves the right to refuse any and all current and future use of dndpowersports.com.


dndpowersports.com may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law, including but not limited to patent, copyright, trademark, obscenity, privacy, anti-trust, defamation or export control laws. dndpowersports.com may not be the venue for the sale, exchange, promotion, solicitation or transfer of any material that is: unlawful, harmful to minors in any way, misrepresentative, containing computer viruses, or any files, computer code, or programs that are designed to destroy, interrupt, or limit the functionality of any software or hardware, disruptive to the use of dndpowersports.com by other users, or an intentional or unintentional violation of any applicable local, state, federal, or international law. dndpowersports.com, its agents, and its employees are released from any liability or responsibility arising from any conduct in violation of the foregoing prohibitions.


dndpowersports.com reserves the right to prohibit use of the Site by any User who, in our sole discretion, violates these Terms of Use. Such a prohibition can occur without notice to the user. If you believe another user is violating these terms, you may notify dndpowersports.com, and we will work in good faith to resolve any such issues.


dndpowersports.com reserves the right to disclose any material contained on or associated with the Site, or information relating to such material, if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary to (i) comply with the legal process; (ii) enforce the terms and provisions contained herein; (iii) respond to any claim that material contained on or associated with the website is in violation of any right of any third party; or (iv) to protect the rights, property, or personal safety of dndpowersports.com, its employees, its users, or the general public.


Each User indemnifies and holds dndpowersports.com, its agents, co-branders, affiliates, officers, and employees, harmless from any claim, demand or liability, including reasonable attorney fees, made by any third party due to or arising out of the content submitted, posted or otherwise transmitted to dndpowersports.com, use of dndpowersports.com, violation of the terms and provisions contained herein, violation of any right of any third party or violation of any applicable law.




Ownership


All materials on dndpowersports.com created or provided by dndpowersports.com, including text, graphics, logos, icons, and images, are the property of dndpowersports.com or its content providers, and are protected by United States and international intellectual property laws. The compilation of all the content on this website is the exclusive property of dndpowersports.com and is also protected by United States and international intellectual property laws. You may download, view, copy, and print the materials on this Site for personal use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of dndpowersports.com. dndpowersports.com reserves the right to revoke any of the rights granted herein at any time, and those rights automatically terminate if you violate any of the terms or provisions herein. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the Site. Unauthorized use of any material on dndpowersports.com may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted herein are reserved.


The following is a non-exclusive list of dndpowersports.com trademarks which may be used on the Site: The trademarks, service marks, and logos used on dndpowersports.com are trademarks of dndpowersports.com or others. Nothing on dndpowersports.com shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of dndpowersports.com. The designations ä, ®, ©, SM or any other intellectual property symbols reflect registration and/or use in the context of United States laws as such relate to such intellectual property symbols.


With respect to any material that you submit, you grant dndpowersports.com a royalty free, perpetual, irrevocable non-exclusive license to reproduce, modify, adapt, create a derivative work from, perform, distribute, or publish any such material.




Payment of Fees and Charges


Each User is responsible for, and agrees to pay promptly, all fees and all charges to its account, including applicable taxes and any charges generated by anyone allowed by the User to use its account, including family members or friends. Failure to pay any fees or charges when due (including failures caused by a returned check or a rejected electronic payment) authorizes dndpowersports.com to suspend or terminate that User's ability to use dndpowersports.com to purchase products from our affiliated dealerships ("Affiliates"). Each User is responsible and liable for any fees, including attorneys' fees and collection costs, that an Afiliate or dndpowersports.com may incur in efforts to collect any unpaid balances from that User. If payment is returned to an Affiliate for any reason, including chargeback, dndpowersports.com reserves the right to suspend or terminate that User's use of the Site. dndpowersports.com may at any time change the amount of fees, including changing the amount of, or basis for determining, any fees or charges for the products or services of an Affiliate or dndpowersports.com, and instituting new fees or charges.




Links to Other Sites


dndpowersports.com may contain links to other web sites, including links to manufacturer's or Affiliates web sites. dndpowersports.com has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner's products or services.




Disclaimer of Warranties


Some products and services sold on the Site are provided by third parties with representations and warranties provided by those third parties; unless specifically stated otherwise, dndpowersports.com makes no other representations or warranties whatsoever with respect to the products or services of third parties. dndpowersports.com warrants that it will comply with the Purchase and Return Policy solely with respect to any products or services purchased through dndpowersports.com from an Affiliate or other vendor.


EXCEPT FOR THESE LIMITED WARRANTIES, THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. dndpowersports.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND NON-INFRINGEMENT. dndpowersports.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES dndpowersports.COM WILL BE CORRECTED.


Any material distributed, downloaded, or accessed from dndpowersports.com is done at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your reliance upon any such material. dndpowersports.com assumes no responsibility, and will not be liable for, any damages to, or any virus or any other disabling code that may infect your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using dndpowersports.com, any of its material, or any other site which contains a link to dndpowersports.com. No information or advice obtained from the Site, whether oral or written, shall create any warranty not expressly stated herein.




Limitation of Liability


IN NO EVENT WILL dndpowersports.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF dndpowersports.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM dndpowersports.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED BY dndpowersports.COM. dndpowersports.COM SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH FAILURE ReSULTS FROM ANY CAUSE BEYOND dndpowersports.COM'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.




Global Availability & Applicable Laws


dndpowersports.com may contain references to products, services, or programs that are not available in your country. Such references are not intended to announce such products, services, or programs in your country. dndpowersports.com make no representation that access to dndpowersports.com is permitted under the laws of your country, and access to dndpowersports.com is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access and/or purchases made at dndpowersports.com. The use of dndpowersports.com and any claim relating to it or its contents are governed by laws of the state of California, United States of America and controlling federal law of the United States of America, without regard to conflict of laws provisions.


dndpowersports customers are encouraged to see important Kentucky sales and use tax information regarding tax you may owe directly to the Commonwealth of Kentucky.


dndpowersports.com may contain or facilitate access to products and/or services which are subject to United States export controls and which may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country upon which the United States has imposed an embargo; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders ("Embargoed Countries"). You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country, or on any such list.




Access


dndpowersports.com is an Internet-based medium. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access dndpowersports.com. If you have a question about whether an access number you are using to access the Internet is a long distance or toll call from your location, you should contact your local telephone company. dndpowersports.com is not responsible for any access charges you may incur in accessing the Internet to visit or use our Site. Our Site is usually available at all times, 24 hours a day, 7 days a week, but dndpowersports.com reserves the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance. dndpowersports.com is not liable for any damages arising from any interruption, suspension or termination of the Site, or from your inability to access the Site.




General Information


The terms and provisions of these Terms of Use are governed and construed solely in accordance with the laws of the State of California. The sole jurisdiction and venue of any action related to these Terms of Use shall be the California State Courts and the United States federal courts having within their jurisdiction the location of dndpowersports.com's principal place of business, and you and dndpowersports.com agree to submit to personal and exclusive jurisdiction of these courts. Any failure by dndpowersports.com to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. The terms and provisions set forth in these Terms of Use are the complete and exclusive Terms of Use between dndpowersports.com and you and they supersede and cancel all previous agreements, communication, and other understandings pertaining to these Terms of Use, exceptany terms and conditions contained in the Privacy Policy or any other document specifically referenced herein. In the event that any term or provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render the remaining terms and provisions valid and enforceable to the maximum extent allowed by law. These Terms of Use do not create an agency, joint venture, or employment relationship, and you do not have the right to bind dndpowersports.com in any respect whatsoever. The terms and provisions of these Terms of Use may not be assigned, transferred, or sublicensed by you; however, dndpowersports.com reserves the right to assign these Terms of Use in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever. • Third party vendors, including Google, use cookies to serve the badge on our website and to serve ads based on a user's prior visits to our website. • Users may opt out of Google's use of cookies to serve ads based on a user's prior visits to our website by visiting theGoogle advertising opt-out page https://www.google.com/settings/ads/plugin.




Contacting Customer Service


We do our best to answer all the frequently asked questions in the topics outlined above. If your question hasn't been completely addressed, use the links below to contact our Customer Service Staff.