Terms of Use - CapitolMoto Canada - Parts for Dirt Bikes, Motorcycles, ATVs, and Snowmobiles

Terms of Use

Effective Date: November 7, 2024

Welcome to capitolmoto.ca, the official website (the “Website”) of Capitol Motosports Ltd. (“Capitol Motosports”). Please read these terms and conditions (this “Agreement” and as further defined below) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Capitol Motosports may amend this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any amendment that Capitol Motosports makes to this Agreement will be effective immediately upon posting. You are deemed to have agreed to any amendment by virtue of your continued use of the Website. If you object to any such amendment, your recourse is to cease using the Website.

Definitions are provided in Section 18 of this Agreement.

1. Permission to Use the Service

You are only permitted to use the Service if you are of legal age in your jurisdiction and have the capacity to enter into binding contracts according to the laws where you reside. If the use of the Service is illegal or prohibited in your jurisdiction, you are not permitted to use it. It is your sole responsibility to ensure that your use of the Service complies with the law, and you must adhere to all relevant regulations.

2. Purpose

The Service allows you to view and purchase goods offered by Capitol Motosports. It also provides information and promotes riding, sports bikes and dirt bikes. and allows Users to share content relating to riding, sports bikes and dirt bikes.

3. Ownership

The Service is the property of Capitol Motosports, its suppliers or its licensors, as the case may be. Unless expressly stated otherwise, the Service is protected by copyright and other intellectual property laws. The Trademarks are registered or unregistered trademarks, trade dress, designs, domain names, trade names and logos owned or licensed by Capitol Motosports. Any use of the Trademarks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Service or elsewhere shall be construed as granting, by implication or otherwise, any licence or right to use any of the Trademarks.

4. Permitted Use

We recognize that when you gain access to the Service, your computer retrieves and downloads a copy of the information contained within it. Provided that you are eligible for use of the Service and subject to this Agreement, Capitol Motosports hereby grants to you a limited personal, non-exclusive, non-sublicenseable, worldwide, revocable, non-assignable and non-transferable right and licence, to access, read, display on your computer, download and print copies of the text and images which are available on the Website (including any forms available on the Website which are designated for printing), solely for your own use personal and non-commercial use and in connection with viewing the Website (the “Licence”).

Without limiting the generality of the foregoing, you may not make any commercial use of the Website, include the Website in or with any product that you create or Distribute, or copy the Website onto your, or any other person's, website. You will keep all copyright and other proprietary notices intact. Your use of the Service does not transfer to you any ownership or other rights in the Service. You may use the Service only in the manner described expressly in this Agreement and subject to all applicable laws. The Service may not be modified, copied, Distributed, forwarded, framed, reproduced, republished, displayed, posted, uploaded, incorporate, transmitted, sold or exploited in any form or by any means, in whole or in part, without Capitol Motosports prior written permission, except as expressly permitted by this Agreement or by applicable copyright laws. Capitol Motosports retains all rights not expressly granted hereunder. ANY USE OF THE SERVICE, OTHER THAN AS SPECIFICALLY AUTHORIZED UNDER THIS AGREEMENT, WITHOUT THE PRIOR WRITTEN CONSENT OF CAPITOL MOTOSPORTS, IS STRICTLY PROHIBITED AND WILL TERMINATE THE LICENCE. THE LICENCE IS REVOCABLE BY CAPITOL MOTOSPORTS AT ANY TIME WITHOUT NOTICE AND WITH OR WITHOUT CAUSE.

5. Account Registration

You agree to accurately and truthfully provide all required information about yourself, such as your location and billing address, when prompted by any registration forms on the Service (referred to as "Registration Data"). You also agree to regularly update this Registration Data to ensure it remains accurate, current, and complete, including maintaining a valid email address. Failure to provide truthful, accurate, current, and complete information may result in Capitol Motosports suspending or terminating your account and denying you access to the Service, either temporarily or permanently.

Upon completing the registration process for the Service, registered users will receive a password and account designation. You are accountable for maintaining the confidentiality of your password, account, and account designation, and you bear full responsibility for all activities conducted under your password, account designation, or account. You agree to: (a) promptly notify Capitol Motosports of any unauthorized use of your password, account designation, or account, or any security breach; and (b) ensure that you log out of your account at the conclusion of each session. You acknowledge that Capitol Motosports cannot and will not be held liable for any loss or damage resulting from your failure to secure your password and account.

You are prohibited from transferring or selling your account and account designation to another party. If registering on behalf of a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. You may not utilize the Service to redirect customers to another online selling platform for the purchase of the same products offered on the Service. This includes sharing links/URLs or providing information that facilitates locating other online selling platforms. Your account cannot be used to divert traffic to another web destination.

Temporary or permanent suspensions may restrict certain aspects or all of the Service for registered users. Capitol Motosports reserves the unilateral right to cancel unconfirmed or inactive accounts. The Service may be refused to any individual or entity, at Capitol Motosports's discretion, and for any reason, at any time.

6. Purchase Terms and Conditions

(a) Order Acceptance

Advertisements displayed on the Service, including the Website, serve as invitations for you to propose offers to buy products and services featured on the Service; they do not constitute offers to sell. All prices and amounts listed on the Service are stated in Canadian Dollars.

When you submit an electronic order, it signifies your offer to purchase the products or services mentioned in your order. Your order will only be considered accepted when we send you an email confirming acceptance of your order or you are directed to a purchase confirmation page (referred to as the "Order Acceptance Confirmation"). This Order Acceptance Confirmation serves as our acceptance of your order and establishes a legally binding agreement between you and Capitol Motosports.

(b) Payment

Capitol Motosports accepts payment via Elevon. Please be sure to provide your exact billing address and telephone number, which should be the address and telephone number connected with your credit card or payment account. Incorrect information may cause a delay in processing your order. The total price of your order will be charged to your method of payment when we have sent the Order Acceptance Confirmation to you.

By submitting your electronic order form, you commit to paying the full amount for all products and services acquired through the Service. You authorize Capitol Motosports to charge your credit card or payment account for the total cost of any purchased product or service, which encompasses applicable shipping, handling, or processing fees, as well as any additional charges (such as taxes, customs fees, and late fees) that may arise in relation to your account. Sales tax will be added to purchases based on the shipping location and the prevailing sales tax rate(s) at the time of invoicing for your order.

Any dissatisfied users have the option to reach out directly to Capitol Motosports to initiate a refund request. Each refund request will be evaluated individually by Capitol Motosports. Please note that depending on the payment method utilized, there may be return payment charges imposed by financial institutions or third-party payment processors, for which you will be accountable. Capitol Motosports does not levy extra fees for return payments, except for the actual expenses incurred by the relevant financial institution or third-party payment processor to handle the return payment, if applicable. [email protected] or 1-888-777-6714

Please note that this refund policy is subject to change without prior notice.

(d) Changes/Corrections/Availability

Capitol Motosports reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available on the Service, the prices, fees, charges and specifications of such products and services, any promotional offers and any other part of the Service without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason; and (d) limit quantities available for sale.

(e) Misprints and Errors

Capitol Motosports strives to maintain up-to-date and precise information on the Service. Nevertheless, occasional misprints, errors, inaccuracies, omissions (including incorrect product specifications), or other discrepancies may arise. Capitol Motosports cannot assure the availability of products and services advertised on the Service at the time of ordering or thereafter. Additionally, Capitol Motosports does not guarantee the accuracy or completeness of the Service, including product descriptions or photographs.

(f) Your Information

We rely on the information you provide through the Service, including Registration Data, payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your Registration Data and payment information within 30 days of any change.

(g) Encryption

The Service employs encryption technology to safeguard credit card information and payment account details against unauthorized access by third parties. However, Capitol Motosports cannot ensure that the encryption technology will function flawlessly or prevent a third party from accessing such information. By transmitting any sensitive information over the internet while using the Service, you acknowledge that Capitol Motosports will not be held liable in the event of encryption technology failure to safeguard your information.

7. Discounts and Promotions

Capitol Motosports reserves the right to offer discounts and "free shipping" promotions on specific items or under certain conditions. These discounts and promotions are subject to the terms outlined in this Agreement, as well as any additional terms and conditions specified by Capitol Motosports for the particular discount or promotion. By taking part in our discount or promotions programs, you indicate your consent and acknowledgment of this Agreement and any supplementary terms and conditions associated with the respective discount or promotion.

8. User Content

The Service allows users and/or registered users to Distribute User Content to or via the Service.

When you Distribute User Content on or through the Service, you represent and warrant: (1) that you own or otherwise control all of the rights, including moral rights and intellectual property rights, to the User Content; (2) that you can grant or have obtained all rights and consents that are necessary for you to grant any rights and licences described in this Agreement and relating to the User Content to Capitol Motosports; (3) that the User Content is accurate and is original to you and that no other party has any rights thereto; (4) that use and Distribution of the User Content will not infringe the rights of any third party and will not otherwise cause injury to any person or entity; and (5) that you will immediately notify us of any User Content that does not comply with this Agreement or may infringe the rights of a third party or third parties.

YOU AGREE TO INDEMNIFY CAPITOL MOTOSPORTS FOR ALL CLAIMS BROUGHT BY A THIRD PARTY AGAINST CAPITOL MOTOSPORTS ARISING OUT OF YOUR USER CONTENT, INCLUDING ANY CLAIM IN RESPECT OF INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR A CLAIM ARISING OUT OF OR IN CONNECTION WITH A BREACH OF ANY OF THE ABOVE REPRESENTATIONS AND WARRANTIES. CAPITOL MOTOSPORTS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT DISTRIBUTED BY YOU OR ANY THIRD PARTY.

Capitol Motosports considers any User Content Distributed on or through the Service to be non-confidential, and Capitol Motosports shall not be liable for the disclosure or use of such User Content. If, at Capitol Motosports’s request, you send User Content to improve the Service, Capitol Motosports will also consider that User Content to be non-confidential, and Capitol Motosports will not be liable for the use or disclosure of the User Content. Any communication by you to Capitol Motosports is subject to this Agreement.

If applicable, Capitol Motosports shall have the right but not the obligation to monitor, edit, refuse to post or remove any User Content. Without limiting the foregoing, Capitol Motosports shall have the right to remove any material that Capitol Motosports, in its sole discretion, finds to be in violation of the provisions of this Agreement, or otherwise objectionable. Although Capitol Motosports reserves the right to remove, without notice, any User Content for any reason, Capitol Motosports has no obligation to delete User Content that you may find objectionable or offensive.

9. User Content Licence

When you Distribute your original copyrightable User Content via the Service, you retain ownership of any copyright you claim to your submitted User Content. However, by making your User Content available via the Service, you automatically hereby grant to Capitol Motosports, or warrant that the owner of such User Content has expressly granted to Capitol Motosports, a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive, transferable, worldwide, sublicensable (through multiple tiers) right and licence to use, reproduce, copy, publish, Distribute, transmit, host, market, create derivative works of, modify, bundle, adapt, communicate, display and perform the User Content and any intellectual property rights therein (including but not limited to any copyright, trademark, publicity and database rights), in any form, technology or media now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Capitol Motosports. Further, Capitol Motosports shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purposes whatsoever, including but not limited to, research, development, manufacturing and marketing of products and services and other items incorporating such ideas, concepts, know-how and techniques. You agree that Capitol Motosports can grant sublicences with respect to the User Content. You represent and warrant that you have the right to grant the licence set out in this Section.

Subject to the Privacy Policy where relevant, you hereby (i) agree to waive all moral rights in any User Content and any intellectual property rights therein in favour of Capitol Motosports; (ii) consent to your name appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (iii) acknowledge and agree that Capitol Motosports is not responsible for any loss, damage or corruption that may occur to your User Content; and (iv) acknowledge and agree that any User Content you choose to share with other users on the Service will be considered non-confidential.

You acknowledge that Capitol Motosports has the perpetual and irrevocable right to delete any or all of your User Content or other content related to the Service, including data, account history, and account content from Capitol Motosports’ servers and from the Service, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party.

10. Rules of Conduct

You agree that you will be personally responsible for your use of the Service and for all of your communication and activity in using the Service, including any User Content you Distribute via the Service. YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND AND HOLD CAPITOL MOTOSPORTS HARMLESS FROM ANY AND ALL LIABILITY OR DAMAGES ARISING FROM YOUR CONDUCT ON THE SERVICE, INCLUDING ANY USER CONTENT THAT YOU DISTRIBUTE VIA THE SERVICE AND/OR INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

As a condition of using the Service, you agree to all of the following:

You may be required to select a user name and password to access certain aspects of the Service, including to Distribute User Content and/or purchase products and services. You are responsible for maintaining the confidentiality of your user name and password.
You are responsible for all activity that occurs under your user name.
You will not Distribute any User Content to, on or through the Service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, slanderous, pornographic, invasive of another's privacy, or hateful.
You will not Distribute any User Content that infringes or violates a patent, trademark, trade secret, copyright or other intellectual property rights of another person or entity, or that violate any right of privacy, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You will not transmit any worms or viruses, spyware, malware, bugs or any other harmful or destructive code to or through the Service.
You will not Distribute to users any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You may not link to or frame the Service, or any portion thereof, except as provided herein.
You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, provincial, federal or local laws in your jurisdiction (including but not limited to intellectual property laws, criminal laws against money laundering, or tax laws).

You will not access another registered user’s account without that registered user’s permission, nor will you compromise another registered user’s account. You agree that if such acts are brought to the attention of Capitol Motosports, Capitol Motosports may (1) immediately terminate your account, if any; and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.
You will not violate nor attempt to violate the security of the Service, including, without limitation:

o accessing data not intended for you, including logging into a server or account which you are not authorized to access;

o attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

o using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;

o taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Capitol Motosports’s systems or networks, or any systems or networks connected to the Service or to Capitol Motosports’s systems;

o conducting a reverse look-up, tracing or seeking to trace any information on any other user to its source, or exploit the Service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;

o attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";

o disrupting network nodes or network services or otherwise restricting, inhibiting, disrupting or impeding Capitol Motosports’s ability to monitor or make available the Service; or

o taking any action in order to obtain services to which you are not entitled.

You shall not transmit email or any other content that includes personal or identifying information about another person without that person's explicit consent.

You shall not transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes "bait and switch".
You shall not sublicense, reproduce, duplicate, copy, rent, lease, sell, resell, exploit, redistribute, modify, create derivative works from, reverse engineer, broadcast, Distribute, disseminate, decompile, publish, transmit, translate, adapt or vary any of the Service, or any portion thereof, including but not limited to the Website, in any form or by any means whatsoever, be they physical, electronic or otherwise.
You shall not remove any copyright, trademark or proprietary notices from any copies of the Service.
You shall not create a database in electronic or structured manual form by systematically downloading and storing all or any of the Service.
Your use of the Service cannot in any way harm or prejudice the image or perception of the Service or Capitol Motosports to others receiving the information on the Service.

11. Links to Other Sites & Resources

While the Service may contain links to external sites or resources, Capitol Motosports is not responsible for the content of any of the linked external sites or resources. Capitol Motosports provides these links as a convenience. CAPITOL MOTOSPORTS DOES NOT ENDORSE ANY EXTERNAL SITE OR RESOURCE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR ITS CONTENT, PRODUCTS, SERVICES, ACCURACY, AUTHENTICITY, TIMELINESS OR COMPLETENESS. You access these linked external sites and resources at your own risk. You agree that Capitol Motosports shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such external sites or resources.

The Service may contain the opinions, advice, statements and views of other users. Given the interactive nature of the Service, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. Any opinions, advice, statements and views expressed or made available by third parties, including registered users and users, are those of the respective author(s) or distributor(s) and not of Capitol Motosports. CAPITOL MOTOSPORTS NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT OR VIEW MADE ON THE SERVICE BY ANYONE OTHER THAN CAPITOL MOTOSPORTS.

12. Disclaimers and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU AGREE THAT THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED BY CAPITOL MOTOSPORTS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU FURTHER AGREE THAT YOUR USE OF THE SERVICE AND ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE BY CAPITOL MOTOSPORTS SHALL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, CAPITOL MOTOSPORTS DISCLAIMS ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE USER CONTENT, THE WEBSITES AND RESOURCES LINKED TO THE SERVICE, ALL PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, SUITABILITY OR ANY IMPLIED WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

CAPITOL MOTOSPORTS MAKES NO WARRANTIES, CONDITIONS, GUARANTEES OR REPRESENTATIONS ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE USER CONTENT, THE SERVICE AND/OR THE CONTENT OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY SITES OR RESOURCES LINKED TO THE SERVICE, THE USER CONTENT, THE SERVICE AND/OR THE SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, AND CAPITOL MOTOSPORTS ASSUMES NO LIABILITY OR RESPONSIBILITY THEREOF.

CAPITOL MOTOSPORTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (e) ANY ERRORS OR OMISSIONS IN THE SERVICE AND USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF THE SERVICE OR USER CONTENT DISTRIBUTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

IN NO EVENT SHALL CAPITOL MOTOSPORTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO (a) PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE; (b) THE SERVICE AND YOUR ACCESS AND USE THEREOF; (c) THE USER CONTENT; (d) THE WEBSITES AND RESOURCES LINKED TO THE SERVICE; AND (e) THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY CAPITOL MOTOSPORTS OR ANY PERSON FOR WHOM CAPITOL MOTOSPORTS IS RESPONSIBLE, AND EVEN IF CAPITOL MOTOSPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF CAPITOL MOTOSPORTS SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICE. IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CAPITOL MOTOSPORTS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

CAPITOL MOTOSPORTS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU OR ANY THIRD-PARTY MAY SUFFER AS A RESULT OF THE TRANSMISSION, STORAGE OR RECEIPT OF CONFIDENTIAL OR PROPRIETARY INFORMATION THAT YOU MAKE OR THAT YOU EXPRESSLY OR IMPLICITLY AUTHORIZE CAPITOL MOTOSPORTS TO MAKE, OR FOR ANY ERRORS OR ANY CHANGES MADE TO ANY TRANSMITTED, STORED OR RECEIVED INFORMATION.

CAPITOL MOTOSPORTS’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO CAPITOL MOTOSPORTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CAPITOL MOTOSPORTS SHALL CREATE ANY WARRANTY.

YOU AND CAPITOL MOTOSPORTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE, ANY PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, THE USER CONTENT, YOUR ACCESS AND USE OF THE SERVICE, ANY SITES OR RESOURCES LINKED TO THE SERVICE OR THIS AGREEMENT, MUST COMMENCE AND BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. INDEMNIFICATION

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD CAPITOL MOTOSPORTS HARMLESS FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, PROCEEDINGS, COSTS, DAMAGES, DEMANDS, LIABILITIES, EXPENSES OR TAX ASSESSMENTS, WHATSOEVER, INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS, ARISING OUT OF, SUSTAINED, INCURRED OR PAID BY US, DIRECTLY OR INDIRECTLY, IN RESPECT OF (a) YOUR USE AND ACCESS OF THE SERVICE; (b) YOUR ACTUAL OR ALLEGED BREACH OF THIS AGREEMENT; (c) YOUR USE OF ANY SITES OR RESOURCES LINKED TO THE SERVICE; YOUR ACTUAL OR ALLEGED INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR PASSWORD, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY; (e) ANY USER CONTENT YOU DISTRIBUTE ON OR THROUGH THE SERVICE OR WHICH IS SENT TO US BY E-MAIL OR OTHER CORRESPONDENCE; AND/OR (f) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY APPLICABLE LAWS, RULES, REGULATIONS OR RIGHTS OF ANOTHER.

14. Privacy

Capitol Motosports collects, uses and discloses users’ personal information in accordance with its Privacy Policy, which is available by clicking here. Capitol Motosports’ Privacy Policy may be changed from time to time by Capitol Motosports in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Service. By accepting this Agreement, and each time you use the Service, you consent to the collection, use and disclosure of your personal information by Capitol Motosports in accordance with the Privacy Policy as it then reads.

15. Governing Law

Capitol Motosports and the Service (excluding linked websites or resources) are physically located within the Province of Manitoba, Canada. This Agreement will be governed by the laws of the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. Any dispute between you and Capitol Motosports or any other person arising from, connected with or relating to the Service, this Agreement, or any related matters (collectively, "Disputes") will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Notwithstanding the foregoing, you and Capitol Motosports may apply to the court in any jurisdiction to obtain injunctive relief and any other available equitable or legal remedy regarding any matter relating to confidentiality, intellectual property rights or proprietary rights.

You and Capitol Motosports expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.

You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Capitol Motosports related to the Service, the User Content, this Agreement, any sites or resources linked to the Service and/or the products and services included on or otherwise made available to you through the Service. You also agree to opt out of any class proceedings against Capitol Motosports.

You and Capitol Motosports have required that this Agreement and all documents relating thereto be drawn-up in English. Vous et Capitol Motosports Ltd. avez demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

You consent to the exchange of information and documents between you and Capitol Motosports electronically over the internet or by email. You agree that this electronic agreement shall be equivalent of a written paper agreement between us.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this Section. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. Some jurisdictions may have restrictions on the use of the internet by their residents. You agree not to impersonate another person in your use of the Service or the sending of any e-mail to an address listed on the Service.

You acknowledge and agree that the availability of certain applications related to the Service is dependent on the third party from which you received the application. Each application store may have its own terms and conditions to which you must agree before downloading the application from it. Such terms and conditions may be governed by other jurisdictions.

16. Termination

Notwithstanding any other provision of this Agreement and without prejudice to any other rights we may have, Capitol Motosports may, in its discretion and for its convenience, at any time, change, discontinue, delete, deactivate, modify, restrict, suspend or terminate, immediately, temporarily or permanently, this Agreement, your password, your account, the User Content and/or the Service, or any part thereof, without any notice or liability to you or any other person, for any reason.

If we terminate your account, your right to use the Service will immediately cease. You may terminate your account at any time and for any reason, and we will make available through the Service reasonable means for you to do so. If you do not comply with this Agreement at any time, Capitol Motosports reserves the right to immediately suspend or terminate your access to the Service, or any part thereof, and/or your account, if any.

If this Agreement or your permission to access or use all or any part of the Service is terminated for any reason, then this Agreement and all other existing transaction agreements between you and Capitol Motosports will continue to apply and be binding upon you regarding your prior access to and use of the Service, and anything connected with, relating to or arising therefrom. You agree that Capitol Motosports shall not be liable to you or any third-party for any termination of your access to and use of the Service or any part thereof.

Any such termination by Capitol Motosports shall be in addition to and without prejudice to such rights and remedies as may be available to Operator, including injunction and other equitable remedies.

All provisions of this Agreement will survive termination or expiry of this Agreement, including without limitation, the disclaimers, limitations on liability, warranties, representations, ownership, termination, interpretation, intellectual property and indemnity provisions of this Agreement.

17. General

(a) Entire Agreement

This Agreement, as they may be amended from time to time in accordance with the provisions of this Agreement, and all other existing transaction agreements between you and Capitol Motosports constitute and contains the entire agreement between you and Capitol Motosports with respect to your use of the Service and with respect to the subject matter hereof and supersedes any prior oral or written agreements. In the event of a conflict between this Agreement and any policies, rules or procedures posted on the Service, this Agreement will prevail.

(b) Changes to Terms of Use

Capitol Motosports reserves the right, at its sole discretion, to change, amend, modify, add or remove terms and conditions contained in this Agreement, at any time, without further notice by posting any changes on the Service. Any new terms or conditions will be effective as soon as they are posted. It is your responsibility to check this Agreement periodically and you are deemed to be aware of such changes. Your continued use of the Service following the posting of such changes will mean that you accept and agree to the changes. If you do not agree to the changes, please stop using the Service.

(c) Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

(d) Assignment and Enurement

Capitol Motosports may assign this Agreement to any third party. This Agreement cannot be assigned or transferred, in whole or in part, by you. This Agreement will enure to the benefit of and be binding upon each of you and Capitol Motosports and our respective heirs, executors, personal representatives, successors and permitted assigns.

(e) No Waiver

No waiver of any provision of this Agreement shall be binding on Capitol Motosports unless executed by Capitol Motosports in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The failure of Capitol Motosports to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

(f) Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

(g) Headings

All article or section headings are for reference and convenience only and shall not be considered in the interpretation of this Agreement.

(h) Unsolicited Commercial Electronic Messages

The inclusion of any email addresses on the Service does not constitute consent to receiving unsolicited commercial electronic messages or SPAM.

(i) Currency

All references to money amounts in this Agreement, unless otherwise specified, are in Canadian dollars.

(j) Read and Understood

I have read and accept the terms and conditions in this Agreement.

18. Definitions

In this Agreement:

· "Agreement" means this Agreement, including the Privacy Policy on the Website and other policies, operating rules and procedures referenced herein and/or available by hyperlink in this Agreement, and any additional terms, conditions or future modifications as described herein.

· "Disputes" has the meaning assigned thereto in Section 15.

· "Distribute" means to incorporate, run, submit, use, display, copy, upload, post, reproduce, embed, communicate, publish, distribute, create derivative works of, adapt, translate, perform, transmit, arrange, modify, export, merge, transfer, share, outsource and/or make available.

· "includes" and "including" mean including without limiting the generality of the foregoing.

· "Licence" has the meaning assigned thereto in Section 4.

· "Capitol Motosports" means Capitol Motosports Ltd., including all of its affiliates, subsidiaries, shareholders, officers, directors, agents, users, representatives, contractors, suppliers, customers, licensors, licensees, partners, affiliates and employees. From time to time, Capitol Motosports is referred to in this Agreement as “we” or “us”.

· "Order Acceptance Confirmation" has the meaning prescribed under Section 6.

· "person" includes natural persons and any type of incorporated or unincorporated entity.

· “Registration Data” has the meaning prescribed under Section 5.

· “registered user” means a person who has created and registered an account with the Service.

· “Service” means the Website, as well as any online services offered by Capitol Motosports on the Website, including online retail services.

· "use" or "uses" includes accessing, registering, viewing, reading, copying (whether in whole or in part), creating an account, Distributing User Content, and purchasing.

· "user" means a person who uses and accesses the Service in any manner, including merely accessing or viewing the Website, and includes a registered user, visitor, customer, contributors of User Content, or browser. Such a person is referred to in this Agreement as "user" or "you”.

· “User Content” means any and all content, material and information Distributed by users via the Service, including any and all material and information about you and/or your image, your location, information in text, maps, videos, audio, images, articles, publications, data, photographs, illustrations, artwork, questions, suggestions, inquiries, testimonials, feedback, reviews, emails, ideas, drawings, comments, opinions, concepts, designs, music, sound, software, product names, company names, trademarks, logos and trade names, including any intellectual property rights contained therein.

· "Website" shall have the meaning assign to it in the preamble of this Agreement, as well as any related applications made available by Capitol Motosports on the Website and in any app stores for use on mobile devices, tablets, personal computers and other devices and subdomains and subsidiary sites, and all of the related web pages relating thereto, including, but not limited to, content (other than the User Content), user interfaces, visual interfaces, applications, software, information, photographs, images, ideas, illustrations, audio clips, video clips, data, code, designs, pictures, graphics, text, files, icons, user accounts, titles, themes, objects, techniques, databases, dialogue, locations, concepts, artwork, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, company names, the Trademarks, trademarks, logos and trade names or other materials uploaded, downloaded and/or contained in or electronically Distributed on the Website or the Service, including the manner in which the said content and information is presented or appears, together with all intellectual property rights therein.

19. Contact Us

If you have any questions, concerns or comments, please contact us at

Capitol Motosports Ltd.

Mailing Address: 157 St Anne's Rd, Winnipeg, MB R2M 2Z5

Telephone No.: (204) 237-6686 or 1-888-777-6714

E-mail: sales@capitolmoto.ca