Terms of service
Last Updated: May 2, 2025
These Terms of Service (the "Terms") govern your use of JPB Powersports & Small Engine Repair LLC dba Benford Powersports (the "Site", "we", "us", or "our") and its services provided through benfordpowersports.com (the "Site") or any other interactions with us, including purchases and communications related to the Site (collectively, the "Services"). By accessing or using the Site or the Services, you agree to these Terms, including any future modifications, as a legally binding agreement. If you do not agree to these Terms, please refrain from using the Site or the Services.
Changes to These Terms
We may update these Terms from time to time in order to reflect changes in our services, operational practices, or as required by law. When we update these Terms, we will post the revised version on the Site, update the "Last Updated" date, and notify users where necessary. You are encouraged to review these Terms periodically to stay informed about our practices.
Use of the Services
By accessing and using the Services, you confirm that:
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You are of legal age to form a binding contract, or, if you are under the age of majority in your jurisdiction, you have obtained parental or guardian consent to use the Services.
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You agree to comply with all applicable local, state, and federal laws and regulations while using the Services.
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You will not use the Services for any unlawful, harmful, or fraudulent activity, including but not limited to infringing on the intellectual property rights of others or violating privacy rights.
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You agree to provide accurate, current, and complete information when making a purchase or creating an account on the Site.
Account Creation
To use certain features of the Services, you may need to create an account. By doing so, you agree to:
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Provide accurate and complete information.
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Maintain the confidentiality of your account credentials (such as your username and password).
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Be responsible for all activities that occur under your account, including any unauthorized access.
You agree to notify us immediately if you become aware of any unauthorized use of your account.
Orders and Payments
When you place an order through the Site, you are making an offer to purchase the products or services in your order. We reserve the right to accept or reject your order for any reason, including but not limited to product availability, pricing errors, or issues with payment processing. If your payment is declined, we will notify you of the issue and request updated payment information.
Pricing and Availability
We strive to provide accurate pricing and availability information, but we cannot guarantee that the information on the Site will always be correct. Prices, availability, and product descriptions are subject to change without notice.
Shipping and Delivery
We will make reasonable efforts to fulfill orders promptly. Delivery times are estimates and may vary depending on factors such as product availability, shipping method, and delivery location. We are not liable for any delays caused by factors outside our control.
Returns and Refunds
For information on our return and refund policies, please refer to the "Refund Policy" section on our Site. You acknowledge and agree to comply with these policies.
Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
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Impersonating any person or entity, including any employee or representative of Benford Powersports.
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Using the Services for unlawful purposes or violating the rights of others.
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Interfering with or disrupting the Services, servers, or networks connected to the Site.
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Engaging in any activity that could damage, disable, or impair the functionality of the Services.
Intellectual Property
The content on the Site, including text, images, logos, graphics, and software, is the intellectual property of Benford Powersports or its licensors and is protected by copyright, trademark, and other intellectual property laws. You agree not to use, reproduce, or distribute any content from the Site without express permission.
Limitation of Liability
To the fullest extent permitted by law, Benford Powersports will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. Our total liability to you for any claim arising out of or related to the Services is limited to the amount you paid for the specific product or service giving rise to the claim.
Indemnification
You agree to indemnify, defend, and hold harmless Benford Powersports, its affiliates, employees, agents, and licensors from and against any claims, losses, liabilities, damages, and expenses (including attorney's fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any intellectual property or other rights of any third party.
Termination
We may suspend or terminate your access to the Services at our discretion if you violate these Terms or engage in prohibited conduct. You may terminate your account at any time by contacting us. Termination will not affect any obligations or liabilities that have accrued before termination.
Dispute Resolution
Any disputes between you and Benford Powersports arising out of or relating to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. By using the Services, you agree to waive your right to a jury trial or class action.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
JPB Powersports & Small Engine Repair LLC
dba Benford Powersports
612-516-3217
support@benfordpowersports.com