Terms and Conditions

Applicability

The following terms and conditions apply to Massimoparts.com (“Site”) that are owned, operated, and maintained in United States subsidiaries and affiliates.

“Personally identifiable information or personal information” refers to any information that identifies or can be used to contact or locate you such as name, mailing address, phone number, email address, social security number, and account number. Use of certain features and tools on this Site requires that you provide us with personally identifiable information. However, you always have the option not to provide personal information by choosing not to use a particular feature.

We may request personally identifiable information in order to enhance your experience on our web sites. There are instances where Massimoparts.com requests personally identifiable information to provide the web site visitor a service or correspondence (such as promotions and mailed brochures). This information, such as name, mailing address, email address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data and is used to fulfill your request. The information you provide is used by Massimoparts.com to improve the services we provide you and to help us promote products and services that are of most interest to you.

To use Massimoparts.com’s Internet services, such as the Dealer Locator, we require a certain amount of personally identifying information such as name and address to meet your request. We may use this information to identify and access data in the existing relationship we have with you to provide you with the requested services. We may request email addresses as an alternate means of contacting you.

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site if you do not agree to be legally bound by these Terms. Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms.

Jurisdiction

Massimoparts.com makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to United States laws and regulations. If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.

Intellectual Property

Massimoparts.com will aggressively enforce its intellectual property rights to the full extent of the law. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of Massimoparts.com or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information, and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by Massimo Motor. Except as expressly authorized by Massimoparts.com, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the System, information, or services. Without waiving any of the foregoing rights, you may print or download information or products from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Massimoparts.com is prohibited.

Disclaimers

This Site, and all information and materials contained herein, is provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Although the specifications, features, illustrations, equipment, warranties,service manuals, recalls, safety tips, and other information contained in the Site are based upon up-to-date information, and while Massimo Motor and all parties involved in creating, producing, or delivering this Site make all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed. We disclaim all warranties, whether express or implied, including without limitation, any implied warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability with respect to this Site. We expressly disclaim any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply.

Liability

By using this Site you agree that none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs,human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

General Product, Services, and Financing Information

This Site provides information, including but not limited to specific product pricing, product specifications, used car values, service contracts, budget calculators, financial calculators, current financing offers, and basic company information for informational purposes only and nothing contained herein constitutes financial advice or an offer to sell, finance, or lease a specific product or service to you unless otherwise expressly acknowledged and apparent from the particular content.

General Submissions

You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Massimoparts.com or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, Massimo Motor and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. By entering this Site you acknowledge and agree that any communication or material you transmit to this site or Massimoparts.com in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy.

Privacy and Security

Our Privacy Policy is incorporated into these Terms. You acknowledge that the requesting URLs of the machine originating the request and the time of the request are logged for access statistics and security purposes and agree that your use of this Site constitutes consent to such monitoring. To access portions of this Site, you are required to obtain a user name and/or password. In such cases, you are responsible for maintaining the confidentiality of any such user name or password and are fully responsible for all activities that occur under such name and password. You understand that you can help protect your user name, password and personal information by logging out of password protected web pages before you close your browser. You agree to notify us immediately of any unauthorized use of your user name or password. Massimoparts.com maintains exclusive control of access and right of access to this Site. You understand and agree that we reserve the right to revoke your registration at any time without notice or cause of action for any reason whatsoever.

Links

This Site may contain links to or be accessed through links that are owned and operated by independent third parties such as authorized Massimo Motor dealers, body shops, and off-road riding schools. We provide links as a convenience and the inclusion of the link does not imply that Massimoparts.com endorses or accepts any responsibility for the content on those sites. Massimoparts.comis not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsement, or the availability, operation or performance of authorized dealers or any other sites, to which this Site may be linked to or from which this Site may be accessed. Further, Massimoparts.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

eStore

eStore is developed and supported by Massimo Motor to assist consumers in purchasing Genuine UTV & ATV Parts and Accessories directly from our own factory, using the convenience of the internet. This site allows you to choose a ID and Password to gain access to your account and vehicle information. You are responsible for maintaining the confidentiality of your ID and Password, and you are fully responsible for all activities that occur under your ID and Password. We reserve the right to terminate your ID and/or Password for use on this site for any reason, with or without prior notice.

Any changes to your Massimo Motor Financial Service account profile will be reflected on your account within one (1) business day. For lease accounts, an address change may affect the type and amount of tax you pay and your monthly payment. The Easy Pay online feature allows you to electronically pay bills including but not limited to your scheduled monthly payment, NSF fees, and property taxes. If you choose to set up this feature, the Easy Pay Enrollment Process Terms and Conditions will apply in addition to these Terms.

You acknowledge that any payment transacted after 5:00 PM PST (Pacific Standard Time) or on a non-business day will be posted the following business day. Business Day as used means any day other than a Saturday or Sunday, that is not a legal holiday or a day on which commercial banks are authorized, or required by law, regulation or executive order to close.

Return Policy

**ALL RETURNS MUST BE SUBMITTED WITHIN 30 DAYS OF PURCHASE**

In order for a return to be processed, please follow the following steps:

        -    If you have received a damaged item, please go to Return Form
        -    You will need to file a return request and will need to include the following information in order for us to process
             the return:
                 ○    First and Last name
                 ○    E-mail Address
                 ○    Phone Number
                 ○    Reason for Return
                 ○    Invoice Number(s)
                 ○    Order Number(s)
        -    After we have received the request, please allow between 1-3 days for review and at that time either an              approval will be issued or a request for additional information may be requested.
        -    If an approval has been issued, a Return of Merchandise Authorization form will be provided via e-mail. This will              need to be filled out and enclosed within the package sent back to Massimo.
        -    Return Merchandise must be shipped along with the RMA form to the following address: 3101 W Miller Rd,              Garland, TX 75041 (Please note that Massimo Motor LLC is not responsible for shipping, and it is
             recommended that any returns are shipped with a secure and trackable shipping company).

**PLEASE NOTE**
        -    RMA Approval is mandatory in the return process and any items returned without approval will be declined and              returned to the customer.
        -    Shipping Charge(s) are at the Customer’s expense.
        -    All returned merchandise must be in its Original, New, or Uninstalled Condition (Items will be inspected upon              return).
        -    All returns are subject to a 25% Restocking Fee.

Massimo Motor is the copyright owner of massimoparts.com.com. No portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, for any purpose without the express written permission, except as provided herein. Without waiving any of the above rights, you may download a copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notice.