Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to ktm-parts.com. ktm-parts.com provides its service to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. In addition to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by the reference into the TOS. ktm-parts.com may offer other services from time to time, which may follow a different set of Terms of Service.

2. DESCRIPTION OF SERVICE

ktm-parts.com currently provides users with access to a collection of KTM dedicated resources, and communication tools, forums, and shopping services. You also understand and agree that these services may include advertisements and that these advertisements are necessary for ktm-parts.com to provide these services. Unless explicitly stated otherwise, and new features that augment or enhance our servies, shall be subject to the TOS. You understand and agree that these services are provided "AS-IS" and that ktm-parts.com assumes no responsibility for the timeless, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In additition, you must provide and responsible for all equipment necessary to access these services.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of these services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by these services's registation form such as Registration Data. and (b) maintain and promptly update the Registration Data to keep it true and accurate, current and complete. If you provide and information that is untrue inaccurate, not current and complete, or ktm-parts.com has resonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ktm-parts.com has the right to suspend or terminate your account and refuse and all current or future use of these services (or any portion thereof). ktm-parts.com is concerned about the saftey and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to these services must create a ktm-parts.com account for the child. When you create the ktm-parts.com Account for your child, you certify that you are at least 18 years old and that you are the legal guardian of the child / children listed on the ktm-parts.com account. By creating this account you give you child permission to access all of the services including, message boards, chats, and other services that may become available and aren't listed with in this TOS. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and or content (as defined in Section 6 below) are appropriate for your child.

4. KTM-PARTS.COM PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the services registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ktm-parts.com of any unauthorized use of your password or account or any other brerach of security, and (b) ensure that you exit from your account at the end of each session. ktm-parts.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, or other materials (content), whether publicly posted or privately transmitted, are the sole responsibility fo the person from which such content that you upload, post, email, transmit, or otherwise make available via the services. ktm-parts.com does not control the content posted via the services and, such does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you may be exposed to content that could be offensive, indecent or objectionable. Under no circumstances will ktm-parts.com be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via these services.

You agree not to use these services to:

a. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threating, abusive, harassing, tortious, defamatory,vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to a ktm-parts.com official, forum leader, guild or host, or falsely state or otherwise misrepresent your affilation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through these services;

e. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the services;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You acknowledge that ktm-parts.com does not pre-screen content, but that ktm-parts.com and its designess shall have the right (but not the obligation) in their sole discretion to refuse or move and content that is available via the services. Without limiting the foregoing, ktm-parts.com and its designess shall have the right to remove and content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content including ay reliance on the accuracy, completeness, or usefulness of such content. In this regard you acknowledge that you may not rely on any content created by ktm-parts.com or submitted to ktm-parts.com, including without limitation information in ktm-parts.com Message Boards, Chat rooms, and in all other parts of the service.

You acknowledge and agree that ktm-parts.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably neccessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ktm-parts.com, its users and the public.

You understand that the technical processing and transmission of the services including your content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. INDEMNITY

You agree to indemnify and hold ktm-parts.com, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, or make available through the services, your use of the services, your connection to the services, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services, or access to the services.

10. GENERAL PRACTICES REGUARDING USE AND STORAGE

You acknowledge that ktm-parts.com may establish general practices and limits concerning use of the services, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by these services, the maximum number of email messages that may be sent from or received by an account on the services, teh maximum size of any email message that may be sent from or recieved by an account on the services, the maximum disk space that will be allotted on ktm-parts.com servers on your behalf, and the the maxiumum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that ktm-parts.com has no resposibility or liablity for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the services. You acknowledge that ktm-parts.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ktm-parts.com reserves teh right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

ktm-parts.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that ktm-parts.com shall not be liable to you or to any third party for any modification, suspension or discontiunance of the services

12. TERMINATION

You agree that ktm-parts.com, in its sole discretion, may terminate your password account (or any part thereof) or use of the services, and remove and discard any Content within the services, for any reason, including, without limitation, for lack of use or if ktm-parts.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ktm-parts.com may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ktm-parts.com may immediately deactivate or delete your account and all related information and files in your account and / or bar any further access to such files or the services. Further, you agree that ktm-parts.com shall not be liable to you or any third-party for any termination of your access to the services.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ktm-parts.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

14. KTM-PARTS.COM PROPRIETARY RIGHTS

You acknowledge and agree that the services and any neccessary software used in connection with the services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrrights, trademards, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ktm-parts.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on teh services or the software, in whole or in part.

ktm-parts.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provideded that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software including (without limitation) for the purpose of obtaining unauthorized access to the services. You agree not to access the services by any means other then through the interface that is provided by ktm-parts.com for use in accessing the services.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KTM-PARTS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERHCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. KTM-PARTS.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNITERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KTM-PARTS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KTM-PARTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECIEVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

19. GENERAL INFORMATION

The TOS constitue the entire agreement between you and ktm-parts.com and govern your use of the services, superceding any prior agreements between you and ktm-parts.com. You also may be subject to additional terms and conditions that may apply when you use affilate services, third-party content or third-party software. The TOS and relationship between you and ktm-parts.com shall be governed by the laws of the State of West Virginia without regard to its conflict of law provisions. You and ktm-parts.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Putnam, West Virginia. The failure of ktm-parts.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intenetions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the services or the TOS must be filed with in one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

20. VIOLATIONS

Please report any violations of the TOS to our Customer Care representative.

21. BACKORDERS

Backorder means our distributor is out of stock on the product in question. If you have ordered parts that are on backorder, you will be notified via email. You may cancel backordered items at any time by sending us an email or replying to your backorder notification. There is no need to reorder any backordered items.

Most of our distributors, including KTM, are currently providing estimated ship dates for the majority of their backordered product. These dates, if available, are provided in the backorder notifications. Please remember, these are only estimated dates and are subject to change.

Please feel free to request an update at any time. Backordered items are shipped as soon as they are received and may ship without notification. 

You will be charged for Backordered items when placing your order and they will automatically ship as soon as they arrive to us.


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