Terms & Conditions

Introduction:
Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the Hart Marketing Inc.and the purchase of any items wether or not purchased from the  web site, phone, or in person. If you do not accept these Terms and Conditions, you may not use the site. These Terms and Conditions are effective as of June 1 2007.

Binding Agreement:
These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Hart Marketing Inc.) form a binding agreement (the "Agreement") between you and Hart Marketing Inc. Your access to or use of the Site indicates your acceptance of these Terms and Conditions.

Intellectual Property Rights:
The Site and all right, title and interest in and to the Site is the sole property of Hart Marketing Inc. or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Hart Marketing Inc. reserves for itself and it’s licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "Hart Marketing Inc.," the Hart Marketing Inc. design logo and certain other names or logos are service marks or trademarks of Hart Marketing Inc., and all related product and service names, design marks and slogans are the service marks or trademarks of Hart Marketing Inc.. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Hart Marketing Inc. trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

Color:
Hart Marketing Inc. displays as accurately as possible the colors of our products shown on our web site. However, colors may vary depending on your monitor and graphics may vary slightly due manufacturer's updated versions within the model. Therefore, we cannot guarantee that your monitor’s display of any color will be accurate nor the graphics to be exact as pictured. Most orders are fulfilled at your item’s first color choice.  

Changes, Errors & Inaccuracies:
Hart Marketing Inc. reserves the right to update or modify these Terms & Conditions at any time without prior notice. Improvements to products may result in unannounced changes to specifications, attachements, options and external appearance. We strive to list and advertise all text and product information as accurate as possible. However, unforeseen typographical errors, picture errors and inaccurate information on this website may occur. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including orders that have already been submitted. If such errors occur, we apologize for any inconvenience.

Assembly:
All vehicles require some simple assembly. Each vehicle is unique and will have different assembly requirements. Common assemblies include: mounting wheels (nuts and bolts, tires already mounted on wheel), electrical connection (simple plug in), battery hook up (nuts and screws) and mirrors (screws). Mechanical assemblies such as: motors or carburetors are not required. Our vehicle can be assembled within 30 minutes to 3 hours depending on the vehicle you purchase. Although assembly is simple, we require you have a certified automotive or motorcycle technician complete your assembly. Certain vehicles may not include detailed assembly instructions or manuals.

Ordering Policy: 
When placing an order, your item is taken out of our available inventory and removed from units available for sale.  We do not "hold" an item for you based soley on "your word".  We can only guarantee your order if it has been paid for in full otherwise, it is still available for sale and is subject to change.  In some cases, we may accept a substantial non-refundable down payment to hold your item.

Cancellation Policy:
All orders are processed within 24 business hours. Due to the nature of our business, cancellations are NOT accepted under any circumstance and all sales are final. Please be sure that when you place an order over the internet or over the phone that you understand the following:

• Your order is considered a binding contract
• Due to high sales volume, your order may take between 2 to 4 weeks for delivery.  This is NOT a promise or a guarantee and delivery times are subject to change.
• CANCELLATIONS ARE NOT ACCEPTED AT ANY TIME!

Submissions:
We welcome your comments regarding your purchase and product experiences with us to help better our service to you in the future. However, any comments, feedbacks, notes, messages, emails, suggestions and ideas sent to Hart Marketing Inc. shall remain exclusive property of Hart Marketing Inc.. We reserve the right to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Copyright Notice:
This website is maintained and operated by:
Hart Marketing Inc.

All content you see and hear on this website including: page headers, images, illustrations, graphics, audio clips, video clips and text are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Hart Marketing Inc.. The entire content of this website is copyrighted as collective work under U.S. copyright laws and Hart Marketing Inc. owns the copyright. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works form the content of this website without the written consent from Hart Marketing Inc..

Waiver of Liability:
The following Waiver of Liability is a legal and biding contract, executed in the county of Shelby in the State of Indiana.
By purchasing any items on this website, I, as buyer, acknowledge and agree to be above 18 years or age or are the parent of a child under the age of 18 years. I, as buyer, acknowledge and understand that riding UTV's is a dangerous activity that requires strenuous exercise and various degrees of skill and experience for individual riders. I, as buyer, understand that these activities can result in serious injury to the person and damages to property and voluntarily assume any and all risk associated with loss, damage or injury while riding the vehicles advertised on our website. I, as buyer, am aware of the risks, hazards and dangers of personal injury, death and disability inherent with the specific use of these vehicles as well as the inherent risks, hazards and dangers of personal injury and disability increase with inexperienced riders. I, as buyer, agree to release and forever discharge Hart Marketing Inc. and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf and the manufacturer from any and all claims, actions, damages, liabilities, cost or expenses and attorney fees which are related to, arise out of, or are in any way connected to your participation or use of these vehicles, use of equipment or property supplied by Hart Marketing Inc. or it’s parent company or your presence upon the premises , whether or not such claims, actions, damages, liability, cost or expenses are caused by the negligence of the seller, manufacture or distributor. By this Agreement, it is my intention as buyer, to surrender and waive any rights to sue or exercise any legal rights to seek damages from Hart Marketing Inc. or it’s parent company and their agents, servants, employees, officers, directors, trustees and all other persons or entities acting on their behalf. This Agreement shall be affecting and binding upon my heirs, agents, personal representatives and assigns. I, as buyer, hereby certify that I am over the age of 18 years of age. I, as buyer, have carefully read the foregoing and acknowledge that I understand and agree to all the above Terms and Conditions. I have had the opportunity to ask any and all questions regarding this Agreement and the affect of the same. I, as buyer, am aware that by purchasing this item and sending/remitting payment for it/them, I assume all risk, and waive and release certain substantial rights that I may have or possess. I, as buyer, therefore release all liability and waive all rights I may have in regards to my child’s activities with any items purchased from Hart Marketing Inc..

Legal Status of Products:
I, as buyer, agree to read the user’s manual carefully before operating my vehicle. I, as buyer, agree to inspect my vehicle to be sure all nuts, bolts and chain are tight and the vehicle is safe for operations. I, as buyer, agree to wear a helmet and protective gear when riding. I, as buyer, acknowledge that it is my responsibility, to ascertain and obey all local, state and federal laws in regards to the possession and use of any items purchased from Hart Marketing Inc. and it’s parent company. Hart Marketing Inc. will not be liable for the misuse of any products purchased from Hart Marketing Inc. or any of it’s distributors or agents. I, as buyer, have read this waiver of liability, assumption of risk and indemnity agreement, fully understand it’s terms, understand that I, as buyer, am giving up substantial rights by agreeing to this waiver and have brought it freely and voluntarily without any inducement, assurance or guarantee being made to me. My purchase is to be considered as a complete an unconditional release of all liability to the greatest extent allowed by law.

Additional Clause for Online Purchases:
All items are brand new sealed in manufacture’s packaging. Orders are processed within 24 business hours from the date of purchase. We will email you your tracking number within 24 hours from the time your shipment leaves our warehouse so you can track your shipment en route. We use a third party LTL transportation company to delivery your order. We also ship from various warehouses depending on the model you ordered. Transit time may take, but not limited from 3-15 business days depending on how far you are from our warehouse and the freight company's shipping schedules.  During holiday seasons, transit time may be an additional 3-5 business days. Order may not be cancelled or refused due to extended transit schedules. If you refuse to accept a delivery for a shipment, you agree to pay all shipping costs to and from.

Enforcement of Terms & Conditions:
By accessing and purchasing any items on our Hart Marketing Inc. website, over the phone, or in person you acknowledge that you have read and understand our disclaimer, warranty & store policies, and agree to these as the terms of sale.

Enforcement of Terms & Conditions:
By accessing and purchasing any items on our Hart Marketing Inc. website or by telephone, you acknowledge that you have read and understand our disclaimer, warranty & store policies, and agree to these as the terms of sale.  Further you agree that any dispute that may arise with regards to this transaction shall be exclusively venued in Shelby County, Indiana and governed by the laws of Indiana.