In Search of Powersports Parts
THESE TERMS CREATE A BINDING CONTRACT.
Effective Date: 2/25/2025
Please read these Terms of Service (“Terms”) carefully because they form a contract between you and Pikes LLC (“we” and “us”).
Our platform is an online marketplace for the sale of parts for varying motorsports and other extreme sport vehicles (“Services”). The platform allows buyers and sellers to communicate concerning the sale of a specific part and allows buyers to purchase parts directly from sellers. We do not sell parts, inspect them for quality or suitability, ship or handle parts, or guarantee the accuracy of any description of any parts on the platform.
We collect payments from buyers via Stripe and forward those payments to sellers after collecting our fee. To the extent a buyer seeks a refund of a payment made through the platform, buyer’s sole remedy will be to seek a refund directly from the seller.
By using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you agree to these Terms for that organization and promise that you have the authority to bind that organization to these terms. If you are using the Services to deliver access to content owned by a third party, you represent that you have the right to make the access available. If you agree on behalf of an organization, “you” and “your” will refer to that organization. By agreeing to these Terms, you are representing to us that you are over 18 years old.
You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU MUST NOT USE THE SERVICE
Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. It is your responsibility to contact us immediately if your account is hacked, compromised, or otherwise misused. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts.
If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account.
We charge fees for using our Services. You agree to pay our fees. We reserve the right in our sole discretion to change Fees at any time we deem appropriate.
To ensure a secure and professional marketplace, buyers agree to comply with the following:
If you wish to purchase any product made available through the Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Dispute Resolution Cooperation. You shall cooperate fully with us during any dispute resolution process, including providing evidence such as photographs or detailed descriptions of any issues.
Prohibited Offline Transactions. You shall not engage in transactions outside the platform for any items discovered through the In Search of Powersports Parts website. All payments must be processed through the platform via Stripe to ensure eligibility for dispute resolution.
To ensure a secure and professional marketplace, you (if applicable), acting as a seller, agree to comply with the following:
Accurate Representation. You shall provide clear, truthful, and detailed descriptions of all items listed for sale, including, but not limited to, part numbers, if known, and any and all material information necessary to ensure the buyer’s full understanding of the item being purchased. You shall include accurate, high-resolution photographs depicting the item in its entirety and its current condition. You must only list one item per listing.
Shipping Requirements. You certify that you shall ship all items within seventy-two (72) hours of order confirmation. All items shall be packaged in a manner that ensures safe transit, and tracking information shall promptly and accurately be entered into the platform’s system upon shipment.
Cancellation Accountability. In the event you cannot fulfill the order, you shall immediately notify the buyer and us via the “Contact Us” feature. Any failure to ship within the designated time shall result in cancellation of the order, a refund to the buyer, and potential imposition of a seller cancellation fee.
Tax Compliance. You acknowledge and agree that you are solely responsible for understanding and complying with all applicable tax obligations related to your sales.
Listing Maintenance. You shall promptly remove any listings for items that have been sold or are otherwise unavailable. Failure to maintain accurate and current listings may result in penalties, including account suspension or termination.
You, if acting as a Power Seller, must apply through the In Search of Powersports Parts platform to achieve Power Seller designation. Power Seller must follow the same obligations as outlined in Seller Obligations and must provide accurate, truthful information when completing the Power Seller application.
By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services and (b) promotional information and materials regarding our products and services, via electronic mail. We allow you to opt out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Service and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Service. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt out of receiving mandatory or required notices. If you do not consent to receiving mandatory or required notices electronically, you must stop using the Services.
All payment is received through a third-party website, Stripe. We do not receive individual personal payment information.
You may stop using the Service at any time.
We reserve the right to suspend or terminate your access to the Services at any time, in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause us to have legal liability or disrupt others' use of the Services; (c) scheduled downtime; or (d) unplanned technical problems and outages.
We will not issue returns or refunds. Buyers can contact their seller with questions or concerns about the product.
We are not responsible for shipping or fulfillment. We assist in matching buyers and sellers through programming and platform functions but are not responsible for shipping or fulfillment. Shipping and fulfillment are the responsibility of the seller.
We may modify these or any additional terms that apply to the Service. We reserve the right to change Terms without notice. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
Any and all payments will be accepted through Stripe, a third-party payment company. In the event we collect any personal data, we will not share or sell it.
THE SERVICES AND PARTS SOLD THROUGH THE PLATFORM ARE PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY PARTY USING THE SERVICES.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Wisconsin, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of Madison, Wisconsin, USA.
These Terms constitute the entire and exclusive agreement between you and us regarding the Services and supersede and replace any other agreements, including terms and conditions applicable to the Service. These Terms create no third-party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.
If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
To the fullest extent permitted by law, you release and covenant not to sue us, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between you and a buyer or seller. In entering into this release, you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to indemnify us harmless against any claim or demand and all liabilities, costs, and expenses (including reasonable attorneys' fees) incurred by us resulting from or arising out of your violation of any law, breach of any representation or warranty in this agreement, or infringement of the rights of a third party.
All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill, and other intellectual property created, developed, or licensed by us are our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.
For questions, please contact:
In Search of Powersports Parts
Admin@isopowersportsparts.com
