Welcome to Spark Powersports LLC (“Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, products, services, and related content. By accessing or using this website, you agree to be bound by these Terms. If you do not agree, please do not use the website.
- Eligibility
By using this website, you represent that:
- You are at least 18 years old or the age of majority in your jurisdiction
- You have the legal authority to enter into these Terms
- You will use the website in compliance with all applicable laws and regulations
- Products and Services
We sell powersports products, parts, accessories, apparel, and related merchandise through our website.
All products are subject to availability. We reserve the right to:
- Limit quantities
- Discontinue products
- Refuse or cancel orders
- Modify product descriptions, pricing, or specifications at any time without notice
We attempt to display product colors, fitment information, and specifications accurately, but we do not guarantee that all information is error-free or complete.
- Pricing and Payment
All prices are listed in U.S. Dollars unless otherwise stated.
You agree to provide current, complete, and accurate billing and payment information for all purchases.
We reserve the right to:
- Correct pricing errors
- Refuse suspicious transactions
- Cancel orders resulting from inaccurate pricing or inventory issues
Applicable taxes and shipping charges will be added during checkout.
- Order Acceptance and Cancellation
Submission of an order does not guarantee acceptance.
We reserve the right to refuse or cancel any order for reasons including:
- Product availability
- Payment issues
- Suspected fraud
- Incorrect pricing or listing errors
- Shipping restrictions
If payment has already been processed for a canceled order, we will issue a refund to the original payment method.
- Shipping and Delivery
Shipping times are estimates only and are not guaranteed.
We are not responsible for delays caused by:
- Carriers
- Weather
- Supply chain disruptions
- Customs processing
- Incorrect shipping information provided by customers
Risk of loss and title for purchased items pass to you upon delivery to the carrier unless otherwise required by law.
- Returns and Refunds
Returns and refunds are governed by our separate Return Policy.
Certain items may be non-returnable, including:
- Electrical components
- Clearance items
- Installed or used products
- Special-order items
- Hazardous materials
Customers are responsible for verifying compatibility and fitment before purchase.
- Product Fitment and Installation
Customers are solely responsible for confirming product compatibility with their vehicle or equipment.
Improper installation or use of powersports products may result in:
- Property damage
- Personal injury
- Death
Professional installation is recommended where appropriate.
We are not liable for damages resulting from improper installation, misuse, racing activities, or failure to follow manufacturer instructions.
- Assumption of Risk
Powersports activities involve inherent risks, including serious injury or death.
By purchasing or using products sold through this website, you acknowledge and assume all risks associated with:
- Off-road riding
- Racing
- Vehicle modification
- Mechanical failure
- Improper use of products
You agree to use all products safely and in accordance with applicable laws and manufacturer guidelines.
- Disclaimer of Warranties
Except where prohibited by law, all products and services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied.
We disclaim all implied warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
Manufacturer warranties, if any, are provided solely by the manufacturer.
- Limitation of Liability
To the fullest extent permitted by law, Spark Powersports LLC and its affiliates, officers, employees, and agents shall not be liable for:
- Indirect damages
- Incidental damages
- Consequential damages
- Lost profits
- Loss of data
- Personal injury
- Property damage
Our total liability for any claim arising from your use of the website or products shall not exceed the amount paid for the applicable purchase.
Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
- Intellectual Property
All content on this website, including:
- Logos
- Product images
- Text
- Graphics
- Videos
- Website design
is owned by or licensed to Spark Powersports LLC and protected by intellectual property laws.
You may not reproduce, distribute, modify, or exploit website content without prior written consent.
- User Accounts
If you create an account, you are responsible for:
- Maintaining confidentiality of login credentials
- Restricting access to your account
- All activities occurring under your account
You agree to notify us immediately of any unauthorized access or security breach.
We reserve the right to suspend or terminate accounts at our discretion.
- Prohibited Uses
You agree not to:
- Use the website for unlawful purposes
- Attempt unauthorized access to systems
- Upload malicious code
- Interfere with website operations
- Use automated scraping or bots without permission
- Submit false or misleading information
- Third-Party Links
This website may contain links to third-party websites. We are not responsible for third-party content, services, or privacy practices.
Access third-party websites at your own risk.
- Indemnification
You agree to indemnify and hold harmless Spark Powersports LLC, its affiliates, employees, officers, and agents from claims, damages, liabilities, costs, and expenses arising from:
- Your use of the website
- Your violation of these Terms
- Your misuse of products
- Your violation of any law or third-party rights
- Governing Law
These Terms shall be governed by and interpreted under the laws of the State of California, without regard to conflict of law principles.
Any disputes shall be resolved exclusively in the courts located in Orange County, California.
- Arbitration and Class Action Waiver
At our discretion, disputes may be resolved through binding arbitration rather than court litigation.
You agree to waive participation in class action lawsuits or class-wide arbitration.
- Changes to These Terms
We reserve the right to update or modify these Terms at any time.
Changes become effective immediately upon posting to the website.
Your continued use of the website constitutes acceptance of revised Terms.
- Contact Information
If you have questions regarding these Terms and Conditions, please contact us:
Spark Powersports LLC
30021 Tomas Street, Suite 300, Rancho Santa Margarita, CA 92688
Email: info@sparkpowersports.com
Phone: 949-804-4130
