Terms and Conditions

These Terms and Conditions apply to the Helmets for Less web site located at www.helmetsforless.com. The Site is the property of USA Power Sports Direct LLC. ("USA Power Sports Direct LLC") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

USA Power Sports Direct LLC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, USA Power Sports Direct LLC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, photographs, trademarks, logos, (collectively, "Content"), contained on the Site is owned, controlled or licensed by or to USA Power Sports Direct LLC, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without USA Power Sports Direct LLC’s express prior written consent.

Your Use of the Site

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any USA Power Sports Direct LLC server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of USA Power Sports Direct LLC, including any USA Power Sports Direct LLC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or USA Power Sports Direct LLC’s systems or networks, or any systems or networks connected to the Site or to USA Power Sports Direct LLC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to USA Power Sports Direct LLC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of USA Power Sports Direct LLC or others.

Accounts

Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify USA Power Sports Direct LLC immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by USA Power Sports Direct LLC or any other user of or visitor to the Site due to someone else using your account.

You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. USA Power Sports Direct LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

USA Power Sports Direct LLC’s Privacy Policy applies to use of this Site. To view USA Power Sports Direct LLC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Helmets for Less Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under USA Power Sports Direct LLC’s control, and USA Power Sports Direct LLC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

USA Power Sports Direct LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. USA Power Sports Direct LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. USA Power Sports Direct LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USA Power Sports Direct LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY USA Power Sports Direct LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST USA Power Sports Direct LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

Except where prohibited by law, in no event will USA Power Sports Direct LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if USA Power Sports Direct LLC has been advised of the possibility of such damages.

Violation of These Terms and Conditions

USA Power Sports Direct LLC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) USA Power Sports Direct LLC's rights or property, or the rights or property of visitors to or users of the Site, including USA Power Sports Direct LLC’s customers. USA Power Sports Direct LLC reserves the right at all times to disclose any information that USA Power Sports Direct LLC deems necessary to comply with any applicable law, regulation, legal process or governmental request. USA Power Sports Direct LLC also may disclose your information when USA Power Sports Direct LLC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that USA Power Sports Direct LLC may preserve any transmittal or communication by you with USA Power Sports Direct LLC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or USA Power Sports Direct LLC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of USA Power Sports Direct LLC, its employees, users of or visitors to the Site, and the public.

You agree that USA Power Sports Direct LLC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to USA Power Sports Direct LLC, for which monetary damages would be inadequate, and you consent to USA Power Sports Direct LLC obtaining any injunctive or equitable relief that USA Power Sports Direct LLC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies USA Power Sports Direct LLC may have at law or in equity.

You agree that USA Power Sports Direct LLC may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between USA Power Sports Direct LLC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

USA Power Sports Direct LLC administers and operates the USA Power Sports Direct LLC Site from its location in Fairgrove, Michigan USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. USA Power Sports Direct LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


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