Store Policies

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

Legal Notice

All notices from to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: Pivotal Powersports Corp. 8120 Egret Road, Fort Myers, FL, 33967. Delivery shall be deemed to have been made by You to five (5) days after the date sent.

Copyright

All content appearing on this Web site is the property of Pivotal Powersports Corp. Copyright © 2005-2008.

All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ® 2009 Pivotal Powersports Corp.. All rights reserved.

E-mail Subscribers

In the past you provided Pivotal Powersports Corp. with your email address. Occasionally, you will receive brief advertising announcements regarding special items and services. If you no longer want to receive these advertisements, please click the unsubscribe button at the bottom of the e-mail. Please DO NOT CLICK REPLY, as the email will not be read. Discount, Coupon, and Promotional Policy Occasionally, you may receive advertising regarding special sale pricing, discounts, coupons, and/ or promotional codes to use towards the purchase of our products. These offers are not to be combined with any other offers. Prices, discounts, coupons, promotional codes, specifications and availability subject to change without notice, and may not include shipping charges. Discount, coupon, and promotional offers are not combinable with any other offers, discounts, coupons, promotions or sale priced products. Pivotal Powersports Corp. reserves the right to cancel any orders arising from pricing or other errors, regardless of fault. Taxes, shipping, handling and other fees may apply. Free shipping and handling offer available in Continental U.S. only.

Trademarks

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Pivotal Powersports Corp. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Pivotal Powersports Corp. or any third party, except as expressly granted herein. Use Of Site This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Pivotal Powersports Corp. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Pivotal Powersports Corp. believes that customer conduct violates applicable law or is harmful to the interests of Pivotal Powersports Corp. and its subsidiaries.

Privacy Policy

Pivotal Powersports Corp. use of personal information that you may submit to Pivotal Powersports Corp. through this Web site is governed by the Pivotal Powersports Corp. Privacy Policy.

Sales Tax

Pivotal Powersports Corp. charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. All Florida orders must pay state sales tax which is currently 6.0 % of your order.

Warranties

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Pivotal Powersports Corp. makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Pivotal Powersports Corp. SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Pivotal Powersports Corp. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Pivotal Powersports Corp.. The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Pivotal Powersports Store is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Pivotal Powersports Store. The inclusion of material on this server does not imply any endorsement by Pivotal Powersports Store, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Pivotal Powersports Store tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy

Pivotal Powersports Corp. does not accept returns unless you receive an incorrect product or there is an error in processing your order made by us. Pivotal Powersports Corp. will replace any defective product within 30 days from the date of purchase. Any item that is deemed by Pivotal Powersports Corp. as abused, misused, incorrectly installed or damaged by the customer will not be replaced. You must report defective items within 30 days from date of order to receive a replacement item.

Void Where Prohibited

Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Pivotal Powersports Corp. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

Governing Law

In the event of litigation both parties agree that the Law of shall apply and both parties consent to the jurisdiction of the state courts of , , or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.

Miscellaneous

The Terms and Conditions constitute the entire agreement between you and Pivotal Powersports Corp. with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Pivotal Powersports Corp. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Pivotal Powersports Corp. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

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