Terms and Conditions
Terms and Conditions of Use
Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.
Privacy and Electronic Communication
To understand our practices, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link our without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Risk of Loss
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by us, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by us and/or our dealers.
Your shopping cart reflects an estimated shipping cost, based on the shipping method you chose. This cost assumes all items in your cart are going to a single address within the contiguous United States. Some items may require special handling due to their size and/or weight, which will result in an additional charge. When we process your order we will make any necessary adjustments in shipping costs and notify you of changes via email. Rates are subject to change without notice.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE NOR OUR DEALERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DEALERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM US, OUR DEALERS OR AFFILIATES FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE, OUR DEALERS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ANY DISPUTES BETWEEN THE CUSTOMER AND EVINRUDEONLINEPARTS.COM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PURCHASE OF PARTS FROM EVINRUDEONLINEPARTS.COM WILL BE DECIDED EXCLUSIVELY BY MANDATORY BINDING ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THERE WILL BE A SINGLE ARBITRATOR APPOINTED UNDER THOSE RULES AND THE VENUE OF THE ARBITRATION WILL BE TRAVIS COUNTY, TEXAS. EACH PARTY WILL BEAR IT’S OWN COSTS, FILING FEES, ARBITRATOR FEES AND ATTORNEY’S FEES EXCEPT THE ARBITRATOR SHALL HAVE DISCRETION TO AWARD ATTORNEY’S FEES AND COSTS AND OTHER ARBITRATION FEES TO THE PREVAILING PARTY AT THE CONCLUSION OF THE ARBITRATION. THE ARBITRATOR’S AWARD CAN BE CONFIRMED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL AND, SUBJECT TO THE ARBITRATION AGREEMENT ABOVE, THE PARTIES AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS TO THE EXTENT ANY DISPUTES ARISE IN CONNECTION WITH THE ARBITRATION AGREEMENT THAT REQUIRE SOME SORT OF JUDICIAL INTERVENTION, IF LEGALLY AVAILABLE. THE EXCLUSIVE VENUE FOR ANY SUCH DISPUTE WILL BE TRAVIS COUNTY, TEXAS. THE PARTIES FURTHER AGREE THAT ANY DISPUTES SUBJECT TO ARBITRATION WILL BE ARBITRATED SEPARATELY AS A SINGLE ARBITRATION BETWEEN YOU AND EVINRUDEONLINEPARTS.COM AND WILL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF COLLECTIVE ACTION. TO THE EXTENT THE APPLICABLE ARBITRATION RULES ALLOW FOR CLASS ACTIONS IN ARBITRATION THE PARTIES HEREBY AGREE THAT SUCH CLASS ACTION RULES WILL NOT APPLY OR GOVERN THE ARBITRATION AND THAT ANY DISPUTES BETWEEN THE PARTIES ARE NOT ARBITRABLE AS A CLASS ACTION. THE ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND IS GOVERNED BY THE FEDERAL ARBITRATION ACT. THIS AGREEMENT IS OTHERWISE GOVERNED BY TEXAS LAW.