| TERMS AND
CONDITIONS
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL JACAR ENTERPRISES,
LLC OR ANY OF OUR DBAS OR ANY OF THEIR EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
USE OF OR INABILITY TO USE THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY
THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND
(WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN
AUTHORIZED REPRESENTATIVE OF ANY JACAR ENTERPRISES,
LLC BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY
CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE
OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF
LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF
THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID
OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF JACAR ENTERPRISES, LLC OR ANY OF OUR
DBAS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED
ONE HUNDRED DOLLARS ($50). ENFORCEMENT OF TERMS AND CONDITIONS BY ACCESSING AND USING THE ALLPROPOWERSPORTS.COM
WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE
OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS,
AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND
INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF
MINNESOTA, UNITED STATES OF AMERICA.
DISCLAIMERS –– GENERAL
THE
ALLPROPOWERSPORTS.COM WEBSITE IS OPERATED BY
ALLPROPOWERSPORTS.COM, ADIVISION OF JACAR
ENTERPRISES, LLC, ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
TO THE FULL EXTENT PERMITTED BY LAW, ALLPROPOWERSPORTS.COM,
JACAR ENTERPRISES, LLC, JACAR ENTERPRISES, LLC
BRANDS, INC. AND THEIR AFFILIATES (COLLECTIVELY,
THE "JACAR ENTERPRISES, LLC BUSINESSES")
DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES
WITH RESPECT TO THIS SITE AND ITS CONTENTS,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,
BUT
NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, JACAR ENTERPRISES,
LLC OR ANY OF OUR DBASDISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED
ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO
ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER
OF THE ITEM. WITHOUT LIMITING THE FOREGOING, JACAR ENTERPRISES,
LLC OR ANY OF OUR DBASDO NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE,
COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR
THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION
OR ERROR. WITHOUT LIMITING THE FOREGOING, JACAR ENTERPRISES,
LLC OR ANY OF OUR DBASDISCLAIM ANY LIABILITY AS
TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER
OF THE ITEM. JACAR ENTERPRISES, LLC OR ANY OF OUR DBAS DO NOT
ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS
ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU
MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE
USE OF THE INFORMATION CONTAINED ON THIS WEBSITE,
OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS
WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR
CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS
REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH
ANY OTHER WEBSITE. JACAR ENTERPRISES, LLC OR ANY OF OUR DBASMAKE
NO REPRESENTATION THAT CONTENT PROVIDED ON THIS
WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN
LOCATIONS OUTSIDE OF THE UNITED STATES. JACAR ENTERPRISES, LLC OR ANY OF OUR DBASASSUME
NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF
THE CONTENT PROVIDED ON THIS WEBSITE.
Privacy Policy
Information Collection and Use
Jacar Enterprises, LLC (DBA AllPro Powersports,
PartsPro Direct and Jacar Motorsports) is the
sole owner of the information collected on this
site. We will not sell, share, or rent this information
to others in ways different from what is disclosed
in this statement. Jacar Enterprises, LLC collects
information from our users at several different
points on our website.
Order
We request information from the user on our order
form. Here a user must provide contact information
(like name and shipping address) and financial
information (like credit card number, expiration
date). This information is used for billing purposes
and to fill customer's orders. If we have trouble
processing an order, this contact information
is used to get in touch with the user.
Persons who order from Jacar Enterprises, LLC
will occasionally receive our E-Mail newsletter.
Users may opt-out of the newsletter (instructions
are located in the newsletter and later in this
document) after receiving one.
Cookies
Currently, Jacar Enterprises, LLC uses only
a single required cookie. This cookie is
a temporary
cookie that expires when you shut down your
browser. It is used to maintain your session
on our web
site (essentially to keep your shopping cart
contents assigned to you during your stay)
and contains no personally identifiable information.
If you place an order, the session identifier
is part of your order record for security
purpose in the event we must track a fraudulent
order.
We also use one entirely optional cookie
to allow
your web browser to automatically provide
your customer ID number when you visit. This
allows
you to skip the "Log In" process. It
is provided solely as a convenience and is entirely
optional. By un-selected the "Remember Me
Next Time I Visit" boxes on the New Customer
Sign Up, Log In, or Edit User Information pages,
this feature can be turned on/off at will. Jacar
Enterprises, LLC does not have any business partners
that employ "Web Bugs" or "third-party" cookies
on our site.
Log Files
We use IP addresses to analyze trends, administer
the site, track user's movement within our site
only, and gather broad demographic information
for aggregate use. IP addresses are only linked
to personally identifiable information when you
place an order or during the course of an investigation
of online (credit card) fraud or abuse. Your
IP address is recorded when an order is placed
for your protection, so that we may track down
persons who place fraudulent orders.
Sharing
We will share aggregated demographic information
with our partners and advertisers. This is not
linked to any personal information that can identify
any individual person. Consequently, your name,
address, telephone number, or E-Mail address
will never be shared with a third-party, except
as necessary to complete your order. When dealing
with distributors, manufacturers, and shipping
partners, we will provide only the data necessary
to complete your transaction, normally name,
address, etc.
We use an outside shipping company to ship orders,
and a credit card processing company to bill
users for goods and services. These companies
do not retain, share, store or use personally
identifiable information for any secondary purposes.
Links
Please be aware that we are only responsible
for the sites (links) that falls under the corporate
umbrella of Jacar Enterprises, LLC 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 Web site.
Newsletter
If a user wishes to subscribe to our newsletter,
we ask for contact information such as name
and email address. Users who make purchases
at our
site will be signed up to receive our newsletter.
Said users may "opt-out" (read below)
at any time and show never receives a newsletter
subsequent to "opting-out." Currently,
the Jacar Enterprises, LLC newsletters contain
news, information, and specials regarding
our products and services. We have no plans
of
including advertisements from third-parties
in our newsletters.
Security
This website takes every precaution to protect
our users' information. When users submit sensitive
information via the website, your information
is protected both online and off-line.
When our registration/order form asks users
to enter sensitive information (such as credit
card
number and/or social security number), that
information is encrypted and is protected with
the best encryption
software in the industry - SSL. While on
a secure page, such as our order form, the
lock icon on
the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes
locked,
as opposed to un-locked, or open, when you
are just 'surfing'. To learn more about SSL
consult
the documentation for your web browser for
details on it's particular SSL support, and
how to tell
if it's working.
While we use SSL encryption to protect sensitive
information online, we also do everything
in our power to protect user-information off-line.
All of our users' information, not just the
sensitive
information mentioned above, is restricted
in our offices. Only employees who need the
information
to perform a specific job (for example, our
billing clerk or a customer service representative)
are
granted access to personally identifiable
information. Furthermore, ALL employees are
kept up-to-date
on our security and privacy practices. Every
quarter, as well as any time new policies
are added, our employees are notified and/or
reminded
about the importance we place on privacy,
and what they can do to ensure our customers'
information
is protected. The servers that we store personally
identifiable information on are kept in a
secure environment. Jacar Enterprises, LLC
resides on
a set of dedicated servers that are owned
and operated by us and we take every effort
to make
sure that the latest security patches are
in place as soon as they are released. Finally,
your credit card information is stored in
our
database in an encrypted format, so that
in the unlikely event that our database is
compromised
an additional layer of protection is available
to keep your credit card number safe. If
you have any questions about the security at
our
website, you can send an email to custserv@jacarent.com
Correction/Updating Personal Information:
If a user's personally identifiable information
changes (such as your zip code), or if a user
no longer desires our service, we will endeavor
to provide a way to correct, update or remove
that user's personal data provided to us. This
can usually be done at the member information
page or by emailing our Customer Support.
Choice/Opt-out
Users who no longer wish to receive our newsletter
or promotional materials may opt-out of receiving
these communications by following the instructions
located at the bottom of the newsletter. If you
follow these instructions, and continue to receive
newsletters, please contact Customer Service
and they will assist you. Jacar Enterprises,
LLC uses a third-party service to administer
it's newsletters. This service will not provide
your information to third parties.
Notification of Changes
If we decide to change our privacy policy, we
will post those changes on our Homepage so our
users are always aware of what information we
collect, how we use it, and under circumstances,
if any, we disclose it. If at any point we decide
to use personally identifiable information in
a manner different from that stated at the time
it was collected, we will notify users by way
of an email. Users will have a choice as to whether
or not we use their information in this different
manner. We will use information in accordance
with the privacy policy under which the information
was collected.
Shipping Charges - We use UPS Ground Service,
Federal Express and other freight companies when
we ship our products. Shipping charges can range
from 200 and up depending on the weight and size
and destination of the vehicle. Additional charges
apply when shipping to a residential address
or when a lift-gate is required. Note: It requires
at least 2 adults in order to unload some of
these products. Shipping charges are NON REFUNDABLE.
What if shipping damages should occur? – Customer
must inspect shipment before the trucking
company leaves your premises. Customer must
report
any damages to the trucking company on the
time of
arrival. Take pictures and work with the
carrier to submit your claim. Jacar Enterprises,
LLC
is not responsible for filing your damage
claims. Jacar Enterprises can only support
and help
you in the process but we can not file the
claim
for you.
Returns – Scooters, Motorcycles and
any other Vehicles may not be returned. There
are
no returns. ALL SALES ARE FINAL. If you are
not happy we will work with you to rectify
the problem.
In some extraordinary cases we will issue
a Return Merchandise Authorization. You must
ship back
the item at your own expense. You must include,
original shipping material, crate, intructions,
manuals, stickers, tool sets, and or any
other
item that was sent to you with in the original
package. A 20% restocking fee on return items
will apply on all scooters (gas and electric),
motorcycles, dirt bikes, ATVs, bicycles and
special order items. No returns on Helmets,
pants, shoes,
etc due to healh reasons. Additional info
can be found in the Shipping and Returns
section
of our website.
These Terms and Conditions May Change
Jacar Enterprises reserves the right to update
or modify these Terms and Conditions at any time
without prior notice. Your use of this website
following any such change constitutes your agreement
to follow and be bound by the Terms and Conditions
as changed. For this reason, we encourage you
to review these Terms and Conditions whenever
you use this website. |