Terms And Conditions
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.assaultind.com website (the "Service") operated by SuperATV LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
General
Your privacy is important to us. This privacy policy is intended to give you confidence in the privacy and security of the personal information we obtain from you whether you are using SuperATV products, downloading our applications, or are merely visiting our Website. However, please note that we are not responsible for any use of your personal information you provide to third-party applications or websites that may be accessed via the products or websites. We recommend that you review the privacy policy of any third-party applications or websites that you use.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase 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: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Order Cancellation Policy
We pride ourselves on our ability to quickly and accurately process all orders. If you have any questions regarding your purchase, we will do everything we can to address your concerns. Orders are submitted to our warehouse electronically within 30 minutes to service our customers as quickly as possible. For that reason, any cancellation request past 30 minutes from order submission cannot be guaranteed.
Refused Packages
Refused Orders without documented prior-authorization from SuperATV will result in a 20% Restocking Fee. If applicable, this fee will be deducted from your refund.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of SuperATV LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SuperATV LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by SuperATV LLC.
SuperATV LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SuperATV LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless SuperATV LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall SuperATV LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SuperATV's products are designed to best fit your ATV/UTV under stock conditions. Adding, modifying, or fabricating any factory or aftermarket parts will void any warranty provided by SuperATV and is not recommended. Our products are designed to be run with stock components and could interfere with other aftermarket accessories. If you have other aftermarket products on your machine, contact us to verify that they will work together.
Although we have thousands of satisfied customers, you should be aware that installing lift kits, long travel, or suspension kits, tires, etc. will change the ride of your machine and may increase maintenance and part wear. Operating any off-road machine while or after consuming alcohol or drugs increases risk of bodily harm or death. SuperATV urges you to wear a helmet and appropriate riding gear at all times
By purchasing and installing our products, you agree that should damages occur SuperATV will not be held responsible for loss of time, use, labor fees, replacement parts, or freight charges. SuperATV nor any 3rd party will be held responsible for any direct, indirect, incidental, special, or consequential damages that result from any product purchased from SuperATV. The total liability of seller to you for all damages, losses, and causes of action if any, shall not exceed the total purchase price paid for the product that gave rise to the claim.
SuperATV will warranty only parts provided by SuperATV. Any damage or problems with OEM housing, bearings, seals, or other manufactures products will not be covered by SuperATV. SuperATV parts and products are not warrantied if item was not installed properly, misused, or modified.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SuperATV LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Indiana, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Registered Terms
Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. The following terms are registered by SuperATV, and are subject to infringement by others.
- Black Ops Series
- Built for Battle
- Depth Finder
- Dux (logo)
- Dux (name)
- Flash, Gas, and Go
- Flexshaft
- GDP - Gear Driven Performance
- Power to the Ground
- Primal Off Road
- RackBoss
- Rev1
- Rockcrusher
- Rockcrusher Portal Lift
- Super ATV
- Super ATV.com
- SuperATV
- SuperATV.com (name)
- SuperATV.com (logo)
Changes
Changes in this policy will be posted on our Websites. You are advised to check our Websites regularly to view our most recent privacy policy.
Contact Us
If you have any questions about these Terms, please contact us.
