Terms and Conditions

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Terms and Conditions

Effective Date: August 5, 2024

Latest Revision: May 19, 2025

Welcome to Poke's PowerSports LLC. These Terms and Conditions govern your use of our website PokesPowerSports.com. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

1. Use of the Site

1.1 Eligibility

You must be at least 18 years old to use the Site. By using the Site, you represent and warrant that you are 18 years of age or older.

1.2 License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal and non-commercial purposes, subject to these Terms.

1.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

- Using the Site for any unlawful purpose or in violation of any applicable laws or regulations.

- Posting or transmitting any content that is defamatory, obscene, offensive, or otherwise objectionable.

- Attempting to interfere with the proper functioning of the Site or accessing data not intended for you.

- Using automated systems, such as robots or spiders, to access or collect information from the Site.

1.4 Mobile and Other Devices

You are responsible for ensuring that your access to the Site via mobile devices or other technologies complies with all applicable laws, service terms, and carrier agreements.

2. Intellectual Property

2.1 Ownership

All content on the Site, including text, graphics, logos, images, and software, is the property of Poke's PowerSports LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

2.2 Limited Use

You may not reproduce, modify, distribute, or create derivative works from any content on the Site without our prior written consent.

3. User Accounts

3.1 Registration

To access certain features of the Site, you may be required to create an account. You agree to provide accurate and complete information during registration and to update it as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Purchases and Payments

4.1 Products and Services

Descriptions of products and services on the Site are provided for informational purposes only. We reserve the right to modify or discontinue any products or services without prior notice.

4.2 Payment

All payments for purchases made through the Site are processed through secure third-party payment processors. You agree to provide accurate payment information and to honor all charges incurred.

4.3 Refunds and Returns

Please refer to our Refund and Returns Policy for information on returns, exchanges, and refunds.

4.4 Sales Tax

Applicable sales tax will be added to all orders where required by law. You are responsible for all applicable taxes related to your purchase.

5. Third-Party Links

The Site may contain links to third-party websites or services. We do not control or endorse these third parties and are not responsible for their content or practices. Your use of third-party sites is at your own risk.

6. Disclaimer of Warranties

The Site is provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the Site or its content. We disclaim all warranties to the fullest extent permitted by law.

7. Limitation of Liability

To the fullest extent permitted by law, Poke's PowerSports LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Poke's PowerSports LLC, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Site or violation of these Terms.

9. Modifications

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Site following any modifications constitutes your acceptance of the revised Terms.

10. Termination

We reserve the right to terminate or suspend your access to the Site at our sole discretion, with or without cause, and with or without notice, including, but not limited to, situations where we believe you have violated these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of United States, without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising out of or related to these Terms or your use of the Site shall be resolved through binding arbitration in United States, in accordance with the rules of United States.

13. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Site, you consent to our collection and use of personal data as outlined in the Privacy Policy.

14. Fast N Free Shipping

14.1 Eligibility
Fast N Free Shipping is available on select items as indicated on the product listing page. This offer is valid only for orders shipped within the continental United States and does not apply to international orders, Alaska, Hawaii, or U.S. territories unless otherwise specified.

14.2 Processing Time
Orders eligible for Fast N Free Shipping are typically processed within 1 business day. Processing times may vary during peak seasons, promotions, or due to unforeseen delays.

14.3 Shipping Method
We reserve the right to select the most efficient shipping method for Fast N Free Shipping orders. While most orders arrive within 3–5 business days, delivery times are estimates and not guaranteed.

14.4 Exclusions
Certain oversized, heavy, or hazardous items may be excluded from Fast N Free Shipping. Any such exclusions will be noted on the product page or during checkout.

14.5 Changes and Termination
We reserve the right to modify, suspend, or discontinue the Fast N Free Shipping offer at any time, for any reason, without prior notice.

14.6 Carrier Delays and Force Majeure

We are not responsible for delays caused by shipping carriers, weather, natural disasters, labor disputes, or other circumstances beyond our control.

15. Questions or Concerns

If you have any questions about these Terms or the Site, please contact us at:

Poke's PowerSports LLC
Email: TermsAndConditions@PokesPowerSports.com