Terms and Conditions
[Last updated on October 16, 2023]
1. Powersport Financing and Third-Party Services
Powersport Financing, through the Site, refers Users to a number of products and services provided by third-party service providers (“Third Party Service Providers”) including but not limited to services related to personal loans, auto loans, powersport loans, leisure loans, rv loans, trailer loans, boat loans, atv loans, utv loans, snowmobile loans, camper loans, watercraft loans, credit monitoring, credit rebuilding, sales, and services related to the sale, purchase, and use of motorized vehicles and other related services. In using the Site, Users may obtain quotes for, or purchase access to, such products or services (each, a “Product”). Completing an online form for the purpose of obtaining a quote or for the purchase of a Product or service provided by Powersport Financing or a Third Party Service Provider does not form a client relationship with either Powersport Financing or the Third Party Service Provider. All confirmations of engagement will be confirmed with Users by e-mail. Users agree that Powersport Financing has no liability arising from the use of any Services made available by Third Party Service Providers.
3. Payment, Fees, Charges, Taxes, Refunds and Cancellation
4. Product Availability and Prices
The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell. All prices and other amounts appearing on the Site are quoted in Canadian dollars unless otherwise indicated and are subject to change. If a product or service becomes unavailable for whatever reason after an order is accepted, Powersport Financing may terminate the order by giving you written notice. In such event, Powersport Financing will contact you to arrange for a refund or provision of credit against future purchases.
5. License to Use the Site and License Restrictions
In these Terms the content on the Site and Services, including all information, data, logos, marks, designs, graphics, documents, recordings, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Powersport Financing grants to you a revocable, non-exclusive, non-sublicensable license to use the Site and the Services and to view the Content available to you through the Site (“License”). Other than as expressly permitted in these Terms, and as may be further described in an Order Form, the License is subject to the following restrictions and account terms:
(a) The Content and Services we provide through the Site are for your use only. You may not resell, lease or provide them in any other way to anyone else, except as permitted through the Site.
(b) You may not make or distribute copies of the Site, Services or Content or reproduce, distribute or display the Site, Services or any Content (except for page cacheing) except as expressly permitted in these Terms.
(c) You may not modify or create derivative works based on the Site, Services or Content.
(d) You may not use the Site, Services or Content for any application deployment or ultimate production purpose.
(e) You may not use the Site, Services or Content to develop any application, website or product having the same or similar primary function as the Site, Services or Content.
(f) You may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site, Services and/or Content.
(g) You may not otherwise use the Site, Services or Content other than for its intended purpose.
(h) You may not use any data mining, robots or similar data gathering or extraction methods.
(i) Your use of the Site, Services and Content must not infringe or violate the rights of any other party, breach any contract or legal duty to any other parties or violate any applicable law.
(j) You have reached the age of majority in the province, state, or country where you are resident, and you can form legally binding contracts under applicable law.
(k) Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
The licenses in this Section are revocable by Powersport Financing at any time.
6. Ownership, Copyright and Trademarks
Content provided by Users on the Site or otherwise sent to Powersport Financing to be posted on the Site is called “User Content”. User Content is the property of its respective owners (e.g. the User that inputted it). User Content on the Site may include a comment, review, rating, information, data, images, videos, sounds, and other data uploaded by a User to the Site. Your User Content is your responsibility. You are solely responsible for maintaining copies of and replacing any User Content you send to Powersport Financing to post or store on the Site and/or that you, personally, post or store on the Site. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen, or edit, without notice, any User Content posted or stored on the Site, and we may do this at any time and for any reason. Powersport Financing’s only right to use that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 11 of these Terms. Other than User Content, the Services, the Site, all Content and any other software used to create and operate the Site is the property of Powersport Financing or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Site, the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Powersport Financing. You may only use the Site and Services for the purposes expressly permitted on the Site. In particular, you may not use the Site or Services or your access to our technology or any of our intellectual property rights, whether for yourself or for any other person, to research, develop or create, or to facilitate any of the foregoing by itself or any other person, any service or technology or product that competes with the Site or Services or any other service provided through our technology or the Site or Services, or that is similar thereto.
7. Third Party Sites, Content, and Software
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content including but not limited to software (“Third-Party Content”). You use links to Third-Party Sites and any Third-Party Content or service provided there at your own risk. Powersport Financing does not monitor or have any control over and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Powersport Financing provides access to such content only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Powersport Financing’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Powersport Financing accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. Powersport Financing also provides no warranty or guarantee concerning the services provided and makes no representations concerning the expected outcome(s) of any services procured. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site or Third-Party Content provider, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Users wishing to view a Third-Party service provider’s engagement form or terms of service may request a copy by writing to email@example.com. Powersport Financing or the Site may also provide or contain the ability to integrate the Services with Third Party Content, third-party software and/or open-source software, which may be subject to third-party licenses and require notices and/or additional terms and conditions (“Third Party Licenses”). These Third Party Licenses are made a part of and incorporated into these Terms. By accepting these Terms, Users are also accepting the Third Party Licenses. Users who wish to view such Third-Party Licenses may request a copy by writing to firstname.lastname@example.org. Users agree that Powersport Financing has no liability arising from the use of any offerings or integrations made available via Third Party Content, Third Party Sites, third-party software, open-source software, and related services. Powersport Financing may modify or cancel the offerings or integrations at any time, without notice.
8. Advertisements and Promotions
Powersport Financing may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of advertisers other than Powersport Financing, and any terms, conditions, warranties, or representations associated with such dealings are solely between you and such third party. Powersport Financing is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
9. Your Limited License of Your User Content to Powersport Financing
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Site and provide the Services, now and in the future. For example, if you leave a comment on a blog post or post a review on a Product(s), either directly on the Site yourself or by sending to Powersport Financing otherwise to do so, we need your license to display that User Content on the Site, and we need the right to sublicense that User Content to our other Users so that they can view that User Content. Therefore, by posting or distributing User Content to Powersport Financing and/or to or through the Services, you (a) grant Powersport Financing and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate and create derivative works from such User Content, in the manner in and for the purposes which the Site and/or Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content, or otherwise have the lawful right to post and distribute that User Content, to or through the Site and/or Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Site and/or Services, as described in this Section. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Site and/or Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Site and/or Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Site and/or Services does this to your User Content when it processes it for use in the Site and/or Services.
10. Warranty Disclaimer
THE SITE, SOFTWARE, CONTENT, INFORMATION, AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM POWERSPORT FINANCING OF ANY KIND, EITHER EXPRESS OR IMPLIED. POWERSPORT FINANCING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SITE, SOFTWARE, CONTENT, INFORMATION, AND THE SERVICES ARE PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UP ON AS ACCURATE, COMPLETE, TIMELY OR FIT FOR ANY PARTICULAR PURPOSE. POWERSPORT FINANCING DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, INFORMATION PROVIDED THROUGH USE OF THE SERVICES OR OTHER PRODUCTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, SOFTWARE, THE SERVICES, THE CONTENT OR ANY PORTION THEREOF. POWERSPORT FINANCING DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT(S) OR SERVICES, OR ANY PORTION THEREOF, INCLUDING THIRD PARTY CONTENT, PROMOTED OR SOLD ON THE SITE. PRODUCT(S) OR SERVICES, INCLUDING SERVICES OFFERED BY THIRD PARTY SERVICE PROVIDERS, MAY BE UNAVAILABLE OR DISCONTINUED. POWERSPORT FINANCING MAY PROVIDE ADDITIONAL PRODUCT(S) SPECIFIC DISCLAIMERS IN ITS DESCRIPTION OF SUCH PRODUCT(S) ON THE SITE OR THROUGH THE SERVICES, EMAIL OR OTHER CORRESPONDENCE TO YOU, THE PRODUCT(S) THEMSELVES OR IN AND/OR ON THE MEDIUM IN WHICH DELIVERED. POWERSPORT FINANCING FURTHER DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO ANY SERVICES PROVIDED VIA THIRD PARTY SERVICE PROVIDERS, AND POWERSPORT FINANCING DOES NOT GUARANTEE OR WARRANT ANY OUTCOMES THAT MAY ARISE BY CONSEQUENCE OF SUCH SERVICES.
11. Typographical Errors or Inaccuracies
The Site may contain typographical errors or inaccuracies and may not be complete or current. Powersport Financing reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and to the extent permitted by applicable law, Powersport Financing reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
12. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Powersport Financing, its affiliates or subsidiaries, their contractors, vendors, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, Services or Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.Without limitation of the foregoing, neither Powersport Financing nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to personal/bodily injury (including death) arising out of your use of Product(s) you purchase through the Site, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, Services or Content, including without limitation any damages caused by or resulting from your reliance on the Site, Services Content or other information obtained from Powersport Financing or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of User Content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Site, any User, or any other Released Party’s records, programs or services. In no event shall the aggregate liability of Powersport Financing, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of the Site or the Services exceed any amount paid by you for Product(s), Services or access to the Site or Services during the three months prior to the date of any claim, if any. You shall defend, indemnify and hold harmless Powersport Financing and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising out of your use of the Site and Services and from the use of the Site and Services by any person to whom you give access to your account.
Notices that we give you may be provided in any of the following ways. First, we may e-mail you, send you a text message/SMS, or call you at the contact information you provide to us. Second, we may post the notice elsewhere on the Site. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
14. Applicable Law and Venue
The Site is controlled by Powersport Financing and operated by it from its offices in Canada. You and Powersport Financing both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Powersport Financing explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Site and Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute, or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to (a) these Terms; (b) the Site, Services or Content; (c) oral or written statements relating to these Terms or to the Site and/or Services; or (d) the relationships that result from these Terms or the Site, Services or Content (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Powersport Financing related to any Claim, and, where applicable, you also agree to opt out of any class proceedings against Powersport Financing. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at the contact information provided upon the purchase of a Product or service. Arbitration will be conducted by one (1) arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.If you choose to access the Site and/or Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Powersport Financing and the other
Released Parties for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, Powersport Financing reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and/or the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Services or Content; (c) change, suspend or discontinue any aspect of the Site, Services or Content; and (d) impose limits on the Site, Services or Content. When your account is terminated, any User Content you have uploaded or have sent to Powersport Financing to upload to the Site may remain on the Site.If these Terms expire or terminate for any reason, Sections 6, 11, 12, 13, 14, 15, 16, 17, and 18, and any representation or warranty you make in these Terms, shall also survive indefinitely.
16. Modification of Terms
Powersport Financing reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline applicable to the Site and/or Services, at any time and in its sole discretion. If we do so, we will post a notice in the Site visible to you the next time you access the Site. If you do not agree with the changes, your only remedy is to cease use of the Site and Services and cancel your account with us without further obligation, if you have one. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site and Services after such time will constitute your acceptance of such changes and/or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Site and Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using the Site and Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Powersport Financing may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Powersport Financing, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Powersport Financing regarding your use of the Site and Services, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Powersport Financing regarding your use of the Site and Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
Questions and Comments
If you have any questions regarding these Terms or your use of the Site and/or Services, please contact us here: