Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site.
Assumption of Risk
By using this site, I am confirming that I understand that ANY activity involving an engine and/or speed such as go karts, trikes, motor bikes, lawn mowers, flying bikes, boats, race cars, etc carries with it an inherent risk of injury and as the purchaser and/or user of any parts or information for these activities I agree I am assuming all risks of injury, illness, or death.
Waiver and Release of Liability
By viewing and/or using any information on www.KartPartsDepot.com or any related site such as the Kart Parts Depot Blog, Kart Parts Depot Facebook page, catalog, etc or through any communication such as email, phone conversations, etc with Kart Parts Depot or the completion of any transaction with Kart Parts Depot, I voluntarily and knowingly agree on behalf of myself, my spouse, my heirs, personal representative, assigns, the end user(s) including minors, and anyone else claiming by or through me to release, waive, and discharge Kart Parts Depot, its directors, officers, owners, employees, volunteers, independent contractors, agents, assigns, successors, vendors, suppliers, equipment manufacturers, lessors, consultants, other clients, and all others associated with them (collectively “all others”) from all liability from any and all claims, demands, or suits arising from the acts, failure to act, or conduct of any of them arising from their negligence (whether ordinary or gross), breach of duty, or any other theory of legal liability for any physical or emotional injury or illness suffered by me or any other end user (including death) arising from the use of any products, information, services, systems, communications, activities, and/or programs associated with Kart Parts Depot.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kart Parts Depot. The collective work includes works that are licensed to Kart Parts Depot. Copyright 2019, Kart Parts Depot, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kart Parts Depot or purchasing Kart Parts Depot products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kart Parts Depot or to purchase Kart Parts Depot products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kart Parts Depot. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Kart Parts Depot used in the site are trademarks or registered trademarks of Kart Parts Depot.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kart Parts Depot disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kart Parts Depot does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kart Parts Depot does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Kart Parts Depot makes no warranties what so ever, expressed or implied, oral or written on any product.
In the event that a product is mistakenly listed at an incorrect price or is added to a shopping cart at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price or that are added to the shopping cart with an incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged or a PayPal payment has been made. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price. If you made a payment through PayPal and your order is cancelled, we shall issue a refund in the amount of the incorrect price.
The pictures and/or illustrations are meant only as a graphic representation of a product and may not always be correct or may appear different due to changes and improvements made by the suppliers of the product. Suppliers may also change the colors of products and color variation is inherent to anodized products.
We may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products on the website) shall be in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products on the website) must be commenced within 15 days after the claim or cause of action arises. Kart Parts Depot's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kart Parts Depot may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kart Parts Depot or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Kart Parts Depot does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kart Parts Depot at its sole discretion.
You agree to indemnify, defend, and hold harmless Kart Parts Depot its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Kart Parts Depot may link to sites operated by third parties. However, even if the third party is affiliated with Kart Parts Depot, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kart Parts Depot. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we welcome any feedback on the Kart Parts Depot website and for sites it links to as well (including if a specific link does not work).
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kart Parts Depot without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Warranty Disclaimer, Assumption of Risk, Waiver and Release of Liability, Indemnification and Miscellaneous, shall survive any termination.