OVERVIEW
This website is operated by FRP POWERSPORTS, INC. Throughout the site, the terms “we”, “us” and “our” refer to FRP POWERSPORTS, INC. FRP POWERSPORTS, INC. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in the immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: frpmoto.com/policies/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: frpmoto.com/policies/refund-policy

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead third parties or us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: frpmoto.com/policies/privacy-policy

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that, from time to time, we may remove the Service for an indefinite period or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FRP POWERSPORTS, INC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nothing in this Section excludes or limits our liability for personal injury or death, or for any claim arising from a defect in a product sold by us, to the extent such exclusion or limitation is not permitted by applicable law, including under the Song-Beverly Consumer Warranty Act, the Magnuson-Moss Warranty Act, and California Civil Code § 1668.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FRP POWERSPORTS, INC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
This indemnification does not apply to, and shall not be construed to reach, any claim for personal injury brought by or on behalf of a minor, or any claim arising from a defect in a product sold by us. Nothing in this Section requires a parent or legal guardian to indemnify us in respect of injury to a minor in their care.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. The exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in San Bernardino County, California, and you consent to the personal jurisdiction of those courts.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at csr@frpmoto.com. 
Our contact information is posted below:
csr@frpmoto.com

SECTION 21 - ASSUMPTION OF RISK, MODIFICATION & LIABILITY DISCLAIMER

PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. IT INCLUDES A RELEASE OF LIABILITY AND AN ASSUMPTION OF RISK.

By placing an order for, receiving, assembling, or operating any vehicle or product sold by FRP POWERSPORTS, INC. ("we," "us," "our," or "FRP"), you ("you," "the Purchaser," or "the Rider") acknowledge that you have read, understood, and agreed to the terms of this Section 21. If you do not agree, do not place your order, and return any unused product in accordance with our Refund Policy.

By clicking "Check Out" and placing your order, you agree to this Section 21. Electronic acceptance in this manner has the same legal effect as a handwritten signature.

21.1 Off-Road Use / Nature of the Product

Our mini bikes, dirt bikes, ATVs and related powersports products are designed for off-road, recreational use only, on private property or in areas where such use is expressly permitted. They are not manufactured, sold, or warranted as street-legal vehicles unless expressly stated in a writing signed by an authorized representative of FRP. You are solely responsible for confirming and complying with all applicable federal, state, and local laws regarding where and how the product may be operated.

21.2 Inherent Risks / Assumption of Risk

OPERATING A MINI BIKE, DIRT BIKE, ATV OR ANY MOTORIZED POWERSPORTS VEHICLE IS INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH, AS WELL AS PROPERTY DAMAGE. These risks cannot be fully eliminated by instruction, protective equipment, product design, or the exercise of ordinary care. By purchasing and using the product, you voluntarily and knowingly assume all such risks, whether foreseen or unforeseen, including risks arising from:

• your own actions or inaction;
• the actions or inaction of other riders or third parties;
• the condition of the riding environment (terrain, weather, obstacles, visibility); and
• ordinary mechanical wear, tire performance, and vehicle handling characteristics.

21.3 Age Requirements and Minors

a. Purchaser must be 18 or older. By placing an order, you certify that you are at least 18 years of age, and that you are either the intended rider or the parent or legal guardian of the intended rider.

Gifts and purchases for another family's child. If you are buying this product as a gift, or for a minor who is not in your legal care, you agree not to deliver the product to a minor rider until that rider's parent or legal guardian has read this Section 21 and accepted it on that rider's behalf. You agree to pass this Section 21 and the owner's manual along with the product.

b. Riders under 18. If the product is used by anyone under 18 years of age, you agree that it shall be operated only under the direct, in-person supervision of a parent or legal guardian, who accepts full responsibility for the minor's use of the product. The parent or legal guardian:

• expressly acknowledges the inherent risks described in Section 21.2 — including the risk of serious bodily injury, permanent disability, or death to the minor;
• agrees to select a vehicle appropriate to the minor's age, size, strength, and skill level, and to ensure the minor wears all required protective equipment and follows the owner's manual;
• agrees to provide the direct, in-person supervision described above; and
• on their own behalf, releases and waives any claim the parent or legal guardian may personally bring against FRP arising from the minor's use of the product, to the fullest extent permitted by law.

What this Section does not do. The law of many states, including California, does not permit a parent or legal guardian to waive, release, or indemnify away a claim that a minor may personally bring for injuries caused by another party. Nothing in this Section 21 purports to do so, and no provision of this Section shall be construed as waiving or limiting any claim belonging to the minor.

c. Riders 18 and older. If you are 18 years of age or older, you accept full personal responsibility for your use of the product, including — without limitation — any Modification you make to the product and any consequences resulting from that Modification.

21.4 Modifications and Upgrades

FRP sells upgrade and replacement parts and supports owner customization. This Section is not intended to discourage you from modifying your vehicle; it allocates responsibility for the consequences of doing so.

A "Modification" means any change to the product from its as-shipped configuration, whether performed by you or by a third party, including changes to the engine, governor, clutch, drivetrain, exhaust, fuel system, brakes, tires, wheels, frame, suspension, or electronics. Modifications that alter power output, top speed, braking performance, or structural integrity ("Safety-Critical Modifications") change the safety envelope to which the product was designed and tested, and may make the product unsuitable for the rider it was originally selected for.

You agree that:

• a. any Modification is undertaken at your own discretion and at your own risk;
• b. to the fullest extent permitted by law, FRP is not liable for any injury, damage, accident, or loss caused by or contributed to by a Modification — and in particular by a Safety-Critical Modification — whether performed by you or by a third party; and
• c. Effect on warranty coverage. Consistent with the Magnuson-Moss Warranty Act (15 U.S.C. § 2302(c)) and 16 C.F.R. § 700.10, using aftermarket or non-FRP parts does not by itself void your warranty. FRP excludes from warranty coverage any defect or damage caused by a Modification, improper installation, or improper maintenance, and FRP bears the burden of demonstrating that the defect or damage was so caused. Defects or damage unrelated to a Modification remain covered for the applicable warranty period.

21.5 Safe Operation

You agree to:

• read and follow the owner's manual;
• wear a certified helmet (DOT or an equivalent applicable standard) and appropriate protective gear (gloves, eye protection, long sleeves, long pants, over-the-ankle footwear) at all times during operation;
• not exceed the product's rated capacity, speed limits, or intended use;
• not operate the product while under the influence of alcohol, drugs, prescription medication, or any other substance that may impair judgment or reaction time;
• inspect and maintain the product before each use; and
• ensure the product is properly and fully assembled before operation, using a qualified technician if you are not experienced in powersports assembly.

21.6 Release and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, WAIVE, AND DISCHARGE FRP POWERSPORTS, INC., ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, DEALERS, AND SUPPLIERS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, OR COSTS (INCLUDING ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCT, ANY MODIFICATION, OR YOUR FAILURE TO OPERATE IT SAFELY AND LAWFULLY.

This release does not, and is not intended to, apply to: (i) FRP's own gross negligence, fraud, willful misconduct, or violation of law; (ii) any liability arising from a defect in the product itself that is not caused or contributed to by a Modification, misuse, or failure to maintain; or (iii) any right or remedy that cannot be waived under applicable law, including without limitation the Song-Beverly Consumer Warranty Act, the Magnuson-Moss Warranty Act, and California Civil Code § 1668.

State law limits. Some states do not permit a pre-injury release of liability for negligence, and many states do not permit such a release with respect to a minor. Where that is the case, this Section 21.6 does not apply to the extent prohibited by the law of that state, and the remaining provisions of this Section 21 remain in full force and effect.

Exclusion of certain damages and liability cap. To the fullest extent permitted by law, FRP shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, loss of use, downtime, towing, labor, rental, or penalties or fines, arising out of or related to the product, even if FRP has been advised of the possibility of such damages. FRP's aggregate liability for any claim not otherwise barred by this Section shall not exceed the amount actually paid by you for the specific product giving rise to the claim. This paragraph does not limit liability for personal injury to the extent such a limitation is unenforceable under applicable law.

21.7 Indemnification

You agree to indemnify, defend, and hold harmless FRP POWERSPORTS, INC. and the parties listed in Section 21.6 against any claim, demand, or proceeding brought by a third party arising from your use, misuse, or Modification of the product — except to the extent such claim arises from FRP's own negligence, gross negligence, willful misconduct, or a product defect not attributable to Modification or misuse.

This indemnity does not extend to, and shall not be construed to reach, any claim brought by or on behalf of a minor for the minor's own injuries.

21.8 California Proposition 65 Warning

⚠ WARNING: This product can expose you to chemicals including engine exhaust, lead and lead compounds, and other substances known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

21.9 OEM Non-Affiliation

FRP is an independent manufacturer and seller. Except where expressly stated in writing, FRP is not affiliated with, endorsed by, or sponsored by any vehicle or engine manufacturer. Any third-party names, model designations, or trademarks referenced in our materials are used solely for identification and compatibility purposes and remain the property of their respective owners.

21.10 Product Changes and Specifications

FRP reserves the right to modify product designs, specifications, materials, components, or suppliers at any time and without prior notice as part of ongoing product development. Images and descriptions are representative; the product delivered may differ in non-material respects.

21.11 Governing Law, Venue, and Dispute Resolution

This Section 21 is governed by the laws of the State of California, without regard to its conflict-of-law principles. The exclusive venue for any dispute not subject to arbitration shall be the state or federal courts located in San Bernardino County, California, and you consent to the personal jurisdiction of those courts. Any dispute resolution provisions elsewhere in these Terms of Service (including any arbitration or class-action waiver) are incorporated herein by reference.

Where the law of your home state embodies a fundamental public policy that would be contravened by applying California law to a particular provision of this Section 21, that provision shall be applied only as permitted by the law of your home state, and the remaining provisions of this Section 21 shall remain in full force and effect.

21.12 Severability

If any provision of this Section 21 is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if that is not possible, severed from this Section 21, and the remaining provisions shall remain in full force and effect.

21.13 Entire Agreement

This Section 21, together with the remainder of these Terms of Service, our Privacy Policy, our Refund Policy, and any written warranty provided with the product, constitutes the entire agreement between you and FRP regarding assumption of risk, Modification, and liability, and supersedes any prior oral or written representations on those subjects. No employee, dealer, or agent has authority to modify these terms except by a writing signed by an authorized officer of FRP.