These terms and conditions (the “Terms”) apply to sales of products (“Products”) by the member of the SuperATV, LLC group of companies (“we,” “us” or “SuperATV”) that accepts and fills each order request submitted to it by the purchaser of the Products (“you” or “your”). These Terms apply to each order request submitted by you, except to the extent we agree in writing otherwise.

1. Ordering

• a) Requests to purchase Products may be submitted by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your shopping cart up until the point at which you submit your order request by clicking the "Place Order,” “Pay Now,” or other similar button on the checkout page. After placing an order request, you will receive an email from us acknowledging that we have received your order request.
• b) If we accept your order request (each, accepted order request, an “Order”), we will send you an Order confirmation number (the “Order Confirmation”). We are not obliged to accept your order request and may, at our discretion, decline to accept any order request for any reason, including, but not limited to, product availability, errors in the description or price of the Products selected, and errors in your order request.
• c) If we are unable to fulfill an order request for any reason and an Order Confirmation has not been sent to you, we shall not be obligated to issue any notification regarding the rejection of the order request. The lack of an express answer from us shall not be considered in any way to be an acceptance or an assumption of liability by us with respect to such order request. You do, however, acknowledge that by clicking on the "Place Order,” “Pay Now,” or other similar button on the checkout page, you enter into an obligation to pay for the Product(s) you have selected for purchase.

2. Cancelling an Order:

The following items are exceptions to/exclusions from our return policy: Order requests that have been accepted generally are submitted to our warehouse electronically within thirty (30) minutes after acceptance. For that reason, any cancellation request past thirty (30) minutes from submission of an order request cannot be guaranteed. However, we may, at our sole discretion, authorize such a cancellation request if we choose to do so based on the facts and circumstances.

3. Purchase Price; Fees

In addition to the purchase price applicable to the Products, your invoice will identify all applicable freight charges and taxes, if any, for which you are liable.

4. Payment and Other Information You Provide:

In addition to the purchase price applicable to the Products, your invoice will identify all applicable freight charges and taxes, if any, for which you are liable.

• a) If you wish to purchase any Product, you may be asked to supply certain information relevant to your order request, including, without limitation, your credit card number, the expiration date of your credit card, the Card Security Code (CSC) or Card Verification Value (CVV) for your credit card, your billing address, and your shipping information. Information you provide is subject to the terms of our Privacy Policy, which is set forth at the following link: https://www.superatv.com/privacy-policy-cookie-restriction-mode. We reserve the right to refuse or cancel any Order if fraud or an unauthorized or illegal transaction is suspected.
• b) 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 (ii) the information you supply to us is true, correct and complete.
• c) We may employ the use of third-party services for the purpose of processing payment and the completion of Orders. By submitting your information, you grant us the right to provide the information to these third parties.

5. Delivery:

We will only fulfill Orders when Products are in stock. We will endeavor to fulfill each Order within 30 days after the date of the Order Confirmation, but we cannot guarantee any delivery date. Your Order will be delivered to the delivery address you specified when placing your order request.

6. Refused Packages:

If delivery of a Product is refused without prior written approval from SuperATV, you shall be charged all return shipping charges, which shall be deducted from any related refund provided by us.

7. Returns:

You have ninety (90) days from the date you receive an order confirmation to return your items for a refund. You shall be charged (a) a minimum twenty-five percent (25%) restocking fee and/or a $20.00 repackaging fee, in each case depending on the condition of the returned item, and (b) all return shipping charges, all of which shall be deducted from any refund provided by us. See the following link to access our Return Policy and instructions on how to make a return: https://www.superatv.com/returns-policy.

8. Taxes:

You shall be liable for all sales, use and excise taxes and all duties, taxes and other fees associated with the purchase and sale of Products, excluding (a) taxes based on SuperATV’s net income or gross receipts, and (b) taxes from which you are exempt by law as shown by a valid tax exemption certificate, when such a certificate is required.

9. Payment Issues:

If you are late in any payment or pay less than the total amount due for any Order, we reserve the right to cancel any Order as well as cancel delivery for any Order. Under no circumstances shall we be responsible for any possible delay, loss or expense that could arise as a result of late, delayed or incomplete payments by you or your authorized payers. We reserve the right to collect interest on unpaid amounts not received by the due date specified for any Order in an amount equal to the lesser of (a) 1.5% of the unpaid balance, and (b) the maximum rate of interest permitted under applicable law.

10. Title; Risk of Loss:

Title and risk of loss to Products passes to you upon our tender of the Products to the carrier at our facility.

11. Warranty and Warranty Disclaimers:

• a) The warranty with respect to the Products sold hereunder is set forth at the following link: https://www.superatv.com/warranty-policy
• b) EXCEPT AS SET FORTH IN PARAGRAPH 11(a) ABOVE, WE DISCLAIM AND MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability:

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, SUPERATV WILL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY COSTS OF PROCURING SUBSTITUTE PRODUCTS, ANY LOSS OF USE, DATA OR PROFITS, OR ANY INTERRUPTION OF BUSINESS DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, ANY ORDER REQUEST, ORDER, OR ORDER CONFIRMATION, HOWEVER CAUSED, AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUPERATV'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID OR OWED BY YOU IN CONNECTION WITH THE ORDER REQUEST OR ORDER TO WHICH SUCH CLAIM RELATES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

13. Termination for Cause:

We may terminate any Order or Order Confirmation for cause upon notice to you if you are in Default. "Default" means (a) your failure to comply with any of these Terms; (b) your failure to make any payment when due or to give us, upon request, reasonable assurances of your future performance; or (c) your insolvency, bankruptcy, liquidation or dissolution.

14. Force Majeure:

We shall have no liability for failure to perform, or delay in performance, in the delivery of any and all Products caused by circumstances beyond our reasonable control including, but not limited to, acts of God, acts of nature, floods, fire, explosions, pandemics, war or military mobilization, governmental action or inaction, request of governmental authority, delays of any kind in transportation or inability to obtain material or equipment, acts of other governments, strikes, or labor disturbances.

15. Intellectual Property:

You acknowledge and agree that we own all patents, trademarks, copyrights, trade secrets, or other proprietary rights ("Intellectual Property'') in the Products, unless otherwise noted. You may not use our Intellectual Property without our express written approval.

16. Jurisdiction:

These Terms shall be construed under the laws of the State of Indiana without regard to conflicts of law principles to the extent they would provide for the application of the laws of any other jurisdiction. You irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of Indiana for the resolution of any disputes arising from or relating to these Terms. NOTWITHSTANDING THE FOREGOING, nothing in these Terms shall prevent us from seeking, and we shall be entitled to obtain, equitable and injunctive relief in any court of competent jurisdiction to prevent and enjoin any breach of these Terms by you that causes, or could cause, or would cause, irreparable harm or otherwise diminish the value of any Intellectual Property. This Section shall survive the expiration or termination of this agreement. THE PARTIES MUTUALLY, EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY FOR ANY PROCEEDINGS ARISING OUT OF, UNDER, OR IN CONNECTION WITH THESE TERMS.

17. Remedies:

The rights and remedies provided to us herein are cumulative and in addition to any other remedies provided by law or equity. Our waiver of a breach of any provision hereof will not constitute a waiver of any other breach.

18. Severability:

Any provision of these Terms that is finally determined to be unlawful will be deemed severed from each applicable order request and Order and every other lawful provision of these Terms will remain in full force and effect.

19. Customs:

You acknowledge that the Products and related technical information (the "Items") are subject to the export control laws and regulations of the United States. You hereby agree that you will not export or reexport the Items except in compliance with all applicable U.S. export control and sanctions laws and regulations. You further agree that you shall not export or reexport the Items to Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Luhansk People’s Republic, the so-called Donetsk People’s Republic or any other destination against which the United States or Canada has imposed an embargo; or to anyone on a restricted party list for export controls or sanctions purposes (see https://legacy.export.gov/csl-search), except as authorized pursuant to applicable U.S. laws and regulations.