Terms of service
Overview
This website is operated by XTM Industries, LLC, doing business as XT Motorsports ("XT Motorsports," "we," "us," "our"). By visiting xtmotorsports.com or purchasing anything from us you agree to these Terms of Service, our Shipping Policy, Return and Refund Policy and Privacy Policy, all of which are incorporated here by reference. If you don't agree, don't use the site. We may update these terms at any time by posting the new version here. Continued use of the site after a change means you accept it.
Section 1. Who can use the site
You must be the age of majority in your state to use this site or place an order. You may not use the site or our products for any unlawful purpose, and you may not transmit malicious code, scrape or crawl the site, or interfere with its operation. We may refuse service, cancel orders or close accounts at our discretion.
Section 2. Product disclaimer and intended use
Many products we sell are performance, racing or off-road parts. Modifying a vehicle carries risk. All installations are at your own risk, and we recommend professional installation. We are not responsible for any mechanical, electrical, structural or other failure, damage or injury resulting from the use, installation or misuse of any product we sell.
Some products are not legal for use on public roads or on emissions-controlled vehicles under federal, state or local law, including California Air Resources Board (CARB) and U.S. EPA regulations. Products labeled "for off-road use only," "for racing use only," or "not legal for sale or use in California" may only be installed on vehicles that are not registered or operated on public roads. It is your responsibility to know and comply with the laws where you live and where the vehicle is operated. We reserve the right to refuse or cancel any order for a product that is not legal to ship to your location or that we believe will be used unlawfully, and we may require you to acknowledge lawful use before shipping certain products.
Section 3. Fitment and product information
We provide vehicle fitment data, descriptions, images, specifications and pricing from manufacturers and distributors and make every reasonable effort to keep them accurate, but we can't guarantee that all information is complete, current or error free. Fitment listings are a guide, not a guarantee. You are responsible for confirming that a part fits your specific vehicle, trim, engine, drivetrain, brake package and any existing modifications before ordering. Images may not reflect exact color, finish or the current production version of a product. Manufacturer names, part numbers, logos and vehicle names are used for identification only. We are not affiliated with or endorsed by any vehicle manufacturer.
Section 4. Pricing and errors
Prices are in U.S. dollars and can change without notice. If a product is listed at an incorrect price or with incorrect information due to a typographical, data or system error, we may refuse or cancel the order, even after it has been confirmed and your payment method charged. If your payment was charged we'll issue a full refund. We may also contact you with corrected pricing or shipping charges and give you the option to proceed or cancel. Prices shown do not include shipping or taxes, which are calculated at checkout.
Section 5. Orders and payment
Your order is an offer to buy. We accept it when we ship the product. We may limit quantities, refuse orders that appear to be placed by resellers, and cancel orders that fail our fraud screening. You agree to provide accurate, current billing and contact information. First-time orders may be required to ship to the billing address on your payment method, and we may ask for additional verification before shipping. We accept major credit and debit cards, Shop Pay, PayPal and other methods shown at checkout, all processed by third party payment processors under their own terms. Financing, where offered, is provided by a third party lender subject to credit approval.
Section 6. Shipping, stock and risk of loss
Stock status shown on the site comes from our suppliers and isn't guaranteed. Orders are processed only when items are in stock, and unavailable items are handled as described in our Shipping Policy. Title and risk of loss pass to you when we hand a package to the carrier. Delivery dates are estimates. Refer to the Shipping Policy for full terms, including international orders, customs and abandoned shipments.
Section 7. Returns, cancellations and warranties
Returns, cancellations, restocking fees, special order items and defective products are governed by our Return and Refund Policy. Products are covered by the manufacturer's warranty, if any, and not by XT Motorsports. We'll help you file a warranty claim, but the manufacturer makes the decision. Clearance and final sale items are sold as is.
Section 8. Promotions, discounts and gift cards
Sales and promotions are based on Eastern Time and can't be extended. Coupons can't be combined unless stated, are limited to one per customer, and don't apply to prior orders. Some brands are excluded from discounts due to manufacturer pricing policies (MAP). Gift cards and store credit can't be redeemed for cash, aren't replaced if lost or stolen, and store credit expires one year from issue. If a promotion includes a gift card or bonus, we may delay issuing it until the return window closes and may revoke it if the qualifying order is returned, refunded or disputed.
Section 9. Accounts and rewards
You're responsible for your account credentials and any activity under your account. XT Rewards points and store credit have no cash value, are non-transferable, and may be adjusted or cancelled if an order is returned, refunded or disputed. We may change or end the rewards program at any time.
Section 10. Text messages and email
If you opt in to text messages, you agree to receive recurring automated marketing messages at the number provided. Consent isn't a condition of purchase, message frequency varies, and message and data rates may apply. Reply STOP to cancel or HELP for help. Transactional emails and texts about your order are sent regardless of marketing preferences.
Section 11. User content
If you submit reviews, photos, comments or suggestions, you grant us a perpetual, royalty-free, worldwide license to use, edit, publish and display them in any medium without compensation. You confirm you own the content, that it doesn't violate anyone's rights, and that it isn't false, defamatory, obscene or unlawful. We may remove any content at our discretion and have no obligation to keep submissions confidential.
Section 12. Intellectual property
The site and its content, including text, images, design, logos and software, are owned by us or our licensors and protected by copyright and trademark law. You may not copy, reproduce, sell or exploit any part of the site without our written permission. Manufacturer trademarks belong to their owners.
Section 13. Third party links and tools
The site may link to manufacturer sites, installation guides or third party tools. We don't control them, aren't responsible for their content or accuracy, and provide access to them as is. Transactions with third parties are between you and them.
Section 14. Prohibited uses
You may not use the site to violate any law, infringe intellectual property, harass or discriminate, submit false information, upload malicious code, collect others' personal information, spam, scrape, or interfere with site security. We may terminate access for any violation.
Section 15. Disclaimer of warranties
The site and all products and services are provided "as is" and "as available." To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don't guarantee the site will be uninterrupted, secure or error free, or that any product will meet your expectations. Some states don't allow these exclusions, in which case they apply to the maximum extent permitted.
Section 16. Limitation of liability
To the fullest extent permitted by law, XT Motorsports, XTM Industries, LLC and their owners, employees, affiliates, suppliers and service providers are not liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, loss of use, vehicle damage, personal injury, labor, installation, diagnostic, towing, rental or replacement costs, arising from your use of the site or any product purchased through it, even if advised of the possibility. Our total liability for any claim is limited to the amount you paid for the product or service that gave rise to the claim. Some states don't allow these limitations, in which case they apply to the maximum extent permitted.
Section 17. Indemnification
You agree to indemnify, defend and hold harmless XTM Industries, LLC, XT Motorsports and their owners, employees, affiliates, suppliers and service providers from any claim, demand, loss or expense, including reasonable attorneys' fees, arising from your breach of these terms, your violation of any law or third party right, or your installation or use of any product purchased from us.
Section 18. Governing law and disputes
These terms are governed by the laws of the State of Florida without regard to its conflict of law rules. Any dispute that can't be resolved informally will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to that jurisdiction and venue. Before filing any claim you agree to contact us at support@xtmotorsports.com and allow 30 days to resolve it. Any claim must be filed within one year of the event giving rise to it. To the extent permitted by law, you waive any right to participate in a class action.
Section 19. General
If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision isn't a waiver. These terms, together with the policies referenced in them, are the entire agreement between you and us regarding the site and supersede any prior agreements. We may assign these terms; you may not. Section headings are for convenience only.
Section 20. Contact
Questions about these terms: support@xtmotorsports.com.