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Terms and Conditions

 

Welcome to powersprocket.com. These Terms & Conditions apply to the use of Power Sprocket LLC website located at www.powersprocket.com

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.

If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. We reserve the right to update or revise these Terms and Conditions of Use. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes. CONTENT All content included on the Site, such as text, graphics, logos, images, software, and other material (collectively "Content") is owned or licensed property of Power Sprocket LLC Brand or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights.

The collection, arrangement, and assembly of all Content on the Site are the exclusive property of Power Sprocket LLC and protected by U.S. and international copyright laws. Power Sprocket LLC and its suppliers and licensors expressly reserve all intellectual property rights in all Content. LICENSE AND ACCESS Power Sprocket LLC grants you a limited license to access and use the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms &Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES" section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 18 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. UNLAWFUL OR PROHIBITED USES The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions.

As a condition of your use of this Site, you warrant to Power Sprocket LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT: 

  1. Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;

  2. Download, copy, or transmit any Content for the benefit of any other merchant;

  3. Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism to navigate or search the Site other than the search engine and search agents provided by Power Sprocket LLC or generally publicly available browsers;

  4. Frame, mirror, or use framing techniques on any part of the Site without Power Sprocket LLC express prior written consent;

    1. Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;

    2. Use any meta tags or any other hidden text utilizing Power Sprocket LLC's name or marks;

    3. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

  5. Use a buying agent to conduct transactions on the Site;

    1. Conduct fraudulent activities on the Site;

    2. Violate or attempt to violate the security of the Site, including, without limitation:

      • accessing data not intended for you or logging onto a server or an account that you are not authorized to access;

      • trying to change the behavior of the Site;

      • attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;

      • attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming, or "crashing";

      • forging any header or any part of the header information in any e-mail or posting; or

      • forging communications on behalf of the Site (impersonating the Power Sprocket LLC website) or to the Site (impersonating another user);

    3. Send unsolicited or unauthorized email on behalf of Power Sprocket LLC, including promotions and/or advertising of products or services;

    4. Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

    5. Harvest or collect personally identifiable information about other users of the Site;

  6. Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

  7. Use the Site to advertise or offer to sell or buy any goods or services without Power Sprocket LLC express prior written consent;

  8. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

  9. Modify, adapt, translate, or disassemble any portion of the Site; or

    1. Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.   YOUR ACCOUNT You are required to register with Power Sprocket LLC in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Power Sprocket LLC including those set forth in these Terms & Conditions, Power Sprocket LLC reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders. MODIFICATION AND TERMINATION Power Sprocket LLC may at any time:

      • modify or discontinue any part of the Site;

      • charge, modify, or waive fees required to use the Site;

      • offer opportunities to some or all Site users. Power Sprocket LLC reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions.

Power Sprocket LLC reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site

  1. if you violate any of these Terms & Conditions

  2. for any other reason

  3. for no reason. Upon any such termination, your right to use the Site will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination. TRANSACTIONS If you wish to purchase any product made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Power Sprocket LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. Power Sprocket LLC reserves the right, with or without prior notice, to do any one or more of the following:

  1. limit the available quantity of or discontinue any product or service

  2. impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion

  3. bar any user from making or completing any or all Transaction(s); and

  4. refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. PHYSICAL LOOK AND APPEARANCE OF THE PRODUCT Power Sprocket LLC strives to display as accurately as possible the look and appearance of the products shown on the Site; however, Power Sprocket LLC cannot and does not guarantee that your monitor's display of the look and appearance will be accurate. LIMITATIONS ON QUANTITY We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. AVAILABILITY, ERRORS, AND INACCURACIES Power Sprocket LLC’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Power Sprocket LLC makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Power Sprocket LLC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. RISK OF LOSS Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier. RETURNS If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy, in an unused condition with all packaging, labeling and tags intact. DISCLAIMERS OF WARRANTIES Power Sprocket LLC cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY POWER SPROCKET LLC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. POWER SPROCKET LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM POWER SPROCKET LLC ARE FREE OF MALWARE OR OTHER HARMFUL.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL POWER SPROCKET LLC OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. 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 OR TORT, EVEN IF POWER SPROCKET LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND POWER SPROCKET LLC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND POWER SPROCKET LLC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, 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, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. INDEMNIFICATION AND DEFENSE As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Power Sprocket LLC and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions. MISCELLANEOUS These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Power Sprocket LLC with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition.

If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

If you have any concerns about Power Sprocket LLC or your use of the Site, please contact us at cs@powersprocket.com with a detailed description, and we will try to resolve it.