Terms of Sale and Use

WELCOME ON THE BRP ONLINE STORE SITE (the “Site”), which is operated by BRP US Services, LLC. (“BRPS”) and its authorized third parties. The Site gives users (“you”, “your”) the possibility to shop, enquire about and/or purchase certain BRP products (“Products”) (collectively, the “Services”). Note that the entity selling you the Products is BRP US Services, LLC. 

These Terms of Sale and Use (the “Terms”) are a legal agreement between you, BRPS, as operator of the Site, and Bombardier Recreational Products Inc.  (hereinafter collectively referred to as “BRP”). The Terms control your use and access to the Site, use of the Services and apply to your purchase of and your placement of an order for Products (an “Order”). By using the Site or Services or by placing an Order, you agree to these Terms.

 
BRP may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Services and your Order. WE STRONGLY RECOMMEND THAT YOU READ AND UNDERSTAND THESE TERMS BEFORE USING THE SITE or SERVICES OR PLACING AN ORDER. If you are uncertain regarding the Terms or if you have any questions on them, please contact our customer service available through the "Need Help" section of the Site.

When using this Site and/or buying any Products, you agree to be bound by these Terms and the documents referred to in them, such as the Privacy Policy. If you do not agree with or accept any of these Terms, you are not permitted to use the Site and/or the Services, and you should not place an Order and cease using the Site. Note that when you buy Products from BRPS under these Terms, you may have certain legal rights that are not listed in the Terms, and which may vary depending on your geographic location or the type of Product you order.

When you use this Site and/or Services, you represent to BRP that you are (i) of the age of majority where you live, (ii) able to form a legally binding contract, and (iii) not barred from purchasing or receiving such Products and Services, under applicable laws.

1. Ordering

1.1. Placing your Order

Before submitting an Order, please take a few moments to double-check the details of your Order and correct them if necessary. Ensuring that all the information you provide is correct and accurate not only saves time but also helps us process your Order swiftly and efficiently.

As soon as you complete your Order, expect an email with your confirmation number and other important details. Keep this confirmation number until you receive your shipment confirmation email.

Even though we try to ensure that all details, descriptions, and prices appearing on the Site are accurate, errors may occur. If we discover an error in the price of any Product you have ordered, we will let you know as soon as possible, cancel the Order, and issue a full refund. 

BRP is not responsible for pricing, typographical, or other errors (including on BRP's websites, social media platforms or in any print advertising) and reserves the right to cancel any Order that you place for any reason (including as a result of such errors). Orders are not binding on BRPS until the Product is shipped by BRPS or is otherwise accepted by BRPS.

Note that we can, at our sole discretion and without prior notice, suspend or permanently stop the supply of any Product.

1.2. Order Processing

Once your Order is confirmed, we typically ship your package within 2 business days. Note that there is no shipping or processing on weekends or holidays.

Orders can only be placed on Products that are in stock at the time of submitting the Order. If any Product in your Order becomes unavailable after submitting your Order, we will email you to make the necessary adjustments or to process your refunded amount(s) paid via the original payment method.

Once your Order is shipped, you will receive a shipment confirmation email that also serves as your invoice. This email will contain a tracking number to follow up on your parcel's journey. If your Order is sent in multiple shipments, you will receive a tracking number for each parcel.

This shipment confirmation email is important, save it and keep it safe! It contains the web link needed in order to start the return process to obtain a refund, if eligible. 

1.3. Order Modification

Order modifications are currently not available.

If you wish to change your Order, you need to cancel it within the 30-minute grace period that starts when your Order is submitted. You can do this by calling our customer service team at the number available in the "Need Help" section of our Site.

1.4. Product Availability

All Products are subject to availability and no rain checks are available. We will inform you by email as soon as possible if a Product in your order is no longer available. BRP makes no representations or warranties that any Products displayed on our Site will be available at any time or location.

While our Site showcases an extensive range of items for you to browse, some Products may be available to purchase only through your local BRP authorized dealer. You can find your nearest BRP authorized dealer through our “Find a Dealer” feature.

The Site and dealership pricing may vary, and in no case do we offer a price match guarantee. Prices are subject to change by BRP without notice.

1.5 Accuracy of Images

Product colors and details may vary slightly from the images on the Site. Images on the Site are for illustrative purposes only. While we make every effort to display colors and details as accurately as possible, we cannot guarantee how such colors will display on your device and may differ from Site images or the Products ordered or received.

1.6 Right to Reject or Cancel an Order

We expressly reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, wholly or partially, at any time, and without notice or liability for any damages or costs other than the repayment of any amount received from such Order, in certain situations, including, but not limited to:

- if your purchase history shows a high volume of returns or suspicious volume of purchase;

- if we believe that you ordered or purchased Products (single or cumulative transactions) for resale (including in cases where the Order exceeds applicable purchase limits in quantity or dollar amount), tax evasion, or another fraudulent purposes;

- if the delivery address you provide is the address of a freight forwarding entity or individual, a P.O. box or an address flagged by our systems or those of our authorized third parties as potentially linked to fraudulent or suspect activities;

- if our systems or those of our authorized third parties flag your Order details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;

- if the Product you seek to purchase is unavailable, not in stock, incorrectly priced, or otherwise incorrectly described;

- if there was a misspelling, mismarked pricing, or other mistake or error in connection with the Order;

- if we are unable to obtain payment authorization or confirmation from the payment processor;

- if your address, form of payment, or billing information is unverifiable or incorrect;

- if shipping restrictions may apply to a Product in your Order;

- if we believe you are ineligible to make purchases or use a discount or promotional code or are unauthorized to apply a discount or promotion code to your purchase;

- if we cannot deliver to the address provided;

- if you have previously breached the Terms; or

- due to an Event Outside Our Control (see below).

2. Payment

2.1. Method of Payment

Several methods of payment are available:  PayPal†, VISA†, Mastercard†, American Express†, Visa Debit†, prepaid and gift VISA / Mastercard / American Express cards, Apple Pay†, and Google Pay†. 

In the event of a return, we process the refund (when applicable) to the original method of payment (including in cases of accepted prepaid cards). It is crucial to keep the original method of payment even after the funds are exhausted, especially if there is a possibility you might return your Order.

We use third-party service providers to process and authorize your payment. Regardless of your method of payment, you agree to comply with the terms and conditions of your selected method of payment. By placing an Order, you are authorizing us and our third-party service provider(s) to charge you for your purchase using your selected payment method. Note that payments made by credit card will be processed by PayPal, Inc. in accordance with their terms and conditions. Additionally, certain payment methods, such as Google Pay, Apple Pay or third-party financing companies, may be subject to additional requirements for use and approval by such third parties. When placing an Order using these methods, please be sure to review any additional terms and available documentation before placing an Order.

2.2. Financing Offered Through Third-Party Financing Providers

In certain jurisdictions, at the checkout you may be informed of third-party financing options that are available pursuant to which you may apply for financing to purchase a Product through deferred payments or in installments. The financing service is offered by third-party providers in certain jurisdictions only. All financing offers are offered through third-parties which are independent of BRP, its affiliates and subsidiaries. The third-party financing provider determines whether or not you may qualify for the third-party financing service. It is possible that not all users may qualify for third-party financing. BRP is not involved in nor has access to any of the information that you may share with such third-party financing providers in exploring a financing option. BRP is in no way responsible for nor has any control over any third-party financing services on the Site and the third-party finance service is subject to the third-party finance provider’s terms and conditions. We invite you to carefully review those third-party finance provider’s terms and conditions. 

Should you have any questions regarding such third-party financing options, we invite you to directly contact the third-party financing provider as we will not be able to assist you with such third-party financing options. 

2.3 Taxes

A tax estimate will be applied on your purchase at check out when you place your Order. The taxes applicable to your purchase are influenced by several factors, including your shipping location, when the order is placed and the type of Products you're buying.

It is worth noting that several variables can change between the time you place your Order and when it's shipped. These changes might impact the tax calculations. As a result, the estimated tax shown on your Order confirmation received after you place your Order might be different from the actual taxes calculated at the time of shipping. We strive for accuracy in our tax estimates, but the final applicable taxes at the time of shipping may vary from the initial estimated tax.

If you are making a purchase for a tax-exempt organization or are an individual that qualifies for a tax exemption, please contact our customer service team through the "Need Help" section and provide the necessary documentation to support the exemption. To ensure compliance with applicable federal, provincial/state and regional laws, all requested forms and information must be received and verified by our customer service team before a tax refund can be processed.

2.4 Promotional Offers

All discounts, offers and promotions are for a limited time, subject to change or termination without notice. Except as otherwise indicated, discounts, offers and promotions only apply for products purchased directly on the Site. See specific terms and conditions applicable to each discount, offer and promotion on the Site. Discounts, offers and promotions are not refundable, exchangeable or transferable, including at any BRP authorized dealership, except if indicated otherwise in a specific discount, offer or promotion. Discounts, offers and promotions are not redeemable for cash, credit or other Products of equivalent value and, except as otherwise stated, cannot be combined with any other discount, offer or promotion. Applicable taxes or duties do not qualify for discounts, offers or promotions. Unless otherwise stated, shipping, handling and other fees do not qualify for discounts, offers or promotions. Discounts, offers and promotions are not valid towards prior purchases. All discounts, offers and promotions are subject to availability while supplies last. No rain checks will be offered or honored. Null where prohibited by law or otherwise restricted. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to the offer.

2.5 Final Sale Items

Products marked as “Final Sale” are final sales and cannot be returned or exchanged, and the purchase price and any other fees will not be refunded. In all cases, such sales only apply while supplies last. We reserve the right to designate any other Product as non-returnable at our discretion. Note that if you did not receive the Product you ordered or you believe there is a problem with the Product received, please contact our customer support center through the "Need Help" section.

3. Shipping

BRP selects the third-party carrier that will complete the delivery of the Order. That third party carrier’s terms and conditions will apply for delivery. All processing and delivery times are estimates only; BRP makes no warranties regarding delivery dates. 

All Orders must be shipped to a valid physical street address location (home or office locations), and we do not accept Post Office (P.O.) box addresses. We are not currently offering international shipping.

BRP is not responsible for any delays in shipping or delivery. Delivery will be completed when the purchased Products are delivered to the address you provided when you ordered. You are entirely responsible for the Product(s) ordered as of the completion of delivery. BRP is not responsible for any loss of theft that could occur after delivery. If you suspect your Product has been lost or stolen, please report it to the carrier that completed the delivery and to your local authorities. Note that we may refuse to further ship certain Products to certain areas or addresses if we, at our sole discretion, consider that the Products are overexposed to risk of losses or thief or if the address has a history of loss or theft. Without limiting the foregoing and in order to ensure the security and integrity of the Services and related transactions, BRP also has the right, at its sole discretion, to investigate any suspect or irregular transaction, return or refund as deemed necessary.

Unless otherwise explicitly stated, you are solely responsible for paying all shipping and processing charges relating to your purchases through this Site. Shipping promotions offered on the Site may not apply to all items and may be subject to other limitations. Certain bulky or oversized items may include additional fees, such as shipping and handling charges in addition to the standard shipping rates. Unless specifically stated on our Site or in other valid offer terms, such special shipping and handling charges will be excluded from shipping promotions, and you will remain responsible for paying them.

If you ordered or are seeking to return heavy, bulky and/or fragile Products, please ensure you have the necessary help or equipment to safely handle and transport your package and take all necessary precautions. In certain cases, the carrier may assist you upon request, but BRP cannot guarantee it. Note that BRP is not responsible for any injuries, accidents or damages that may occur during the handling, transportation or return of any Product.

Please refer to our “Shipping Policy” for further terms and information. If you have any questions regarding the applicable shipping terms, please reach out to us through the "Need Help" section of the Site.

4. Returns

If you are not satisfied with an item that you have purchased, you may return the item within 30 days of delivery. A prepaid return shipping label is a postage label provided by us for returning your items. Each of our return mailing labels corresponds to a specific shipment. It is important to avoid mixing items from different orders or separate shipments from the same order in one box. You must use the prepaid return label provided to complete a return. Returns may be subject to a US$25 (including taxes) return fee. “Final Sale” Products and other Products marked as non-returnable or exchangeable are not eligible for return. Returned items must be sent back in their original condition, unused and in the original packaging, with all tags, documentation, and accessories included. You are responsible for the risk of loss for returning a Product. If you fail to follow the return instructions and policies provided by BRP and/or the applicable third-party carrier, BRP is not responsible whatsoever for any Product that is lost, damaged, modified or otherwise unable to be returned to BRP for assessment.

It is important to keep the original payment method used until you receive your refund, as a refund cannot be redirected to a different payment method. If you no longer have the payment method of record, please contact the issuer for assistance, as they may be able to provide you with assistance.

Note that if you mistakenly return an item other than the Product(s) duly purchased on the Site for which a return is possible, BRP will handle such unsolicited item as it deems appropriate, including donating, recycling or disposing of the item. If you accidentally sent the wrong item to us, please contact our customer service team through the "Need Help" section as soon as possible. There is no expectation that a mistaken item will be found or returned to you. No compensation is provided for incorrect items sent to BRP and if the wrong item is returned, a refund will likely be delayed or will not be processed.

All returns are subject to inspection, and we may take all actions deemed necessary if there is any appearance of fraudulent, immoral or unethical behavior, at our sole discretion, and without notice.

Note that BRP dealerships will not be able to process any types of returns for Orders made on the Site, including but not limited to regular returns and warranty returns.

Please refer to our “Return Policy” for further terms and information. If you have any questions regarding the applicable shipping terms, please reach out to us through the "Need Help" section of the Site.

5. Warranty

5.1 BRP Limited Warranty

BRP Products are warranted in accordance with the BRP Limited Warranty accompanying each Product or as found at https://ski-doo-shop.brp.com/us/en/lp-brp-limited-warranty.html, incorporated herein by reference.

THE BRP LIMITED WARRANTY IS EXPRESSLY GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT THEY CANNOT BE DISCLAIMED IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIFE OF THE EXPRESS WARRANTY. INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE EXCLUDED FROM COVERAGE UNDER THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS IDENTIFIED THEREIN; AS A RESULT, THEY MAY NOT APPLY TO YOU. THE BRP LIMITED WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. BRP SHALL NOT BE HELD LIABLE IF PRODUCTS OR WARRANTY PARTS ARE NOT AVAILABLE IN YOUR COUNTRY FOR REASONS OUTSIDE OF BRP’S CONTROL.

ALL WARRANTIES FOR THIRD-PARTY BRANDED OR NON-BRP MANUFACTURED PRODUCTS (INCLUDING ANY SERVICES, MAINTENANCE AND SUPPORT) ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER AND NOT BY BRP. IF YOU PURCHASE THIRD-PARTY MANUFACTURED OR BRANDED PRODUCTS SUCH THIRD-PARTY TERMS AND CONDITIONS MAY APPLY. TO THE FULLEST EXTENT PERMITTED BY LAW, BRP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, REGARDING SUCH THIRD-PARTY MANUFACTURED OR BRANDED PRODUCTS.

5.2. Initiating your Warranty Return

In the unlikely event that you experience an issue with your Product within its warranty period, our customer service team is ready to assist you. To initiate a warranty return, go to the "Need Help" section and choose the contact method of your choice, and we'll guide you through the process. Make sure to mention any relevant information that can help us understand the problem better. Our team will promptly review your case and work diligently to rectify the situation.

Note that we do not offer exchanges on warranty returns. Once your return is processed, we will issue the applicable refund, allowing you to place a new order for the item of your choice. Be aware that we cannot guarantee the availability of the defective item for repurchase. Our stock is continually being updated, and availability may vary.

While we strive to provide the best service to our customers, we reserve the right to inspect any returned Product and take any action deemed necessary in case of irregularities or suspect return.

Your satisfaction is our top priority. We stand behind the Products we offer, ensuring they meet the high standards you expect and deserve. Our limited warranty is designed to give you peace of mind and confidence in every purchase you make with BRP.

6. Changes to the Terms

6.1. Modifications to these Terms

We reserve the right to modify these Terms (or any part thereof) from time to time and for any reason, and, to the greatest extent permitted by law, such modifications will be effective upon posting the most current version of these Terms on the Site. You can access the latest version of the Terms by clicking on the applicable link(s) at the bottom of the page of the Site.

By continuing to access and/or use our Site and/or the Services after any such modifications are posted, you are agreeing to be bound by those modifications.

You acknowledge and agree that it is your responsibility to monitor the Site for the posting of modifications and to review such modifications on a regular basis, as they are legally binding on you. If you do not agree to be bound by any future modifications of these Terms or dissent to any updated Terms when made available, your exclusive remedy is to discontinue your use of the Site and/or the Services.

6.2. Upgrades, Modifications and Termination of Site and/or Services

We reserve the right at any time to modify the Terms, and to delete, suspend or discontinue, temporarily or permanently the Site and/or the provision of the Services, or any portion thereof, with or without notice. You understand that in those circumstances you may no longer have access to the content that is stored within the Site and you agree that we will not be liable to you or to any third-party for any such modification, deletion, suspension or discontinuance of the Site and/or the Service.

We may provide maintenance and support for the Site, but we have no obligation whatsoever to furnish such services to you.

7. Protection of Personal Information and Electronic Communications

7.1. Protection of Personal Information

At BRP, we recognize the value of privacy. That’s why we protect the personal information entrusted to us. It’s our job to handle it with extreme care and do everything we can to protect it. In order to operate the Site and provide the Services, we collect and otherwise process certain personal information about you and, where applicable, from the recipient of the Order. 

We process and protect that information in accordance with our Privacy Policy, a current version of which can be found at http://www.brp.com/en/privacy-policy.html (the “Privacy Policy”). Our Privacy Policy also details your rights as it pertains to such processing of personal information.

7.2. Consent to Electronic Communications and Solicitation

When you purchase Products on the Site, you authorize us to send you information including commercial communications regarding the Services and the Site, such as:

(a) notices about your use of the Service and the Site, including notices of violations of use;

(b) updates to the Service and Site and new features or Products; and

(c) promotional information and materials regarding current and future BRP's Products, services, and commercial initiatives.

You can always opt-out of the promotional information and materials by clicking on the unsubscribe option in the marketing emails you receive or by submitting a request at privacyofficer@brp.com.

8. Duration, Suspension and Termination

8.1. Duration

These Terms and the authorizations granted in them are effective on the date you first use or access the Site and/or the Services and will continue for as long as you continue to use the Site and/or the Services unless they are earlier terminated in accordance with this Section (the “Duration”).

8.2. Termination

(a) By BRP

We reserve the right to suspend or terminate your status as a user, cancel your account, and disable or block your access to the Site and/or the Services at any time, with or without notice to you, with or without cause, and without liability to BRP. We have no liability to you or any third-party because of the suspension or termination or related action for any reason.

We will determine, in our own discretion, whether there has been a breach of these Terms through your use of the Site and/or the Services. When a breach of these Terms has occurred, we may take such action as we deem appropriate.

(b) By you

You may terminate your use of the Service at any time and for whatever reason. You are not obligated to advise us of such termination but if you also wish for us to delete your BRP user account and the information contained in it, please submit such request at privacyofficer@brp.com. Note that such termination by you could impact any upcoming or ongoing return, refund, or warranty related processes.

Note that your BRP user account is a unified account, and terminating your BRP user account under any online services offered through the BRP user account will automatically terminate your access under said BRP user account for all Services offered through BRP platforms, until you complete a new subscription to then create a new BRP user account.
We cannot guarantee that we will be able to reinstate any data that was provided under a previously terminated BRP user account. When we receive a request to terminate and delete an account, we will use reasonable efforts to promptly delete such information, however the information may not be deleted immediately from our back-up systems. For more information, please read our Privacy Policy.

8.3. Effect of Termination

Upon termination of these Terms, we will have no obligation to save and keep any user content and information that you may have provided. All provisions of these Terms which by their nature survive termination, survive termination of these Terms, including without limitation our right to receive any sums which you owe to us from any purchase made using the Site.

9. Intellectual Property Rights

9.1. Title

We grant you a free of charge, revocable, non-exclusive, non-transferable, limited license to use the Site and the Services for the Duration of these Terms. This license is for personal purposes and strictly in accordance with these Terms.

We own and retain all our rights, titles and interests in the Site and/or the Services. The structure, design, trade dress, and the ‘look and feel’ of the Site and the Services are protected works under applicable copyright laws and BRP or its suppliers and licensors for the Site retain all intellectual property rights therein.

No license or other intellectual property rights of any kind is granted or conveyed to you except for the limited license expressly provided to you under these Terms.

9.2. Marks

BRP, the BRP logos, BRP®, Can-Am®, Ski-Doo®, Lynx®, Sea-Doo®, Rotax®, XPS®, Manitou®, Alumacraft®, Quintrex®, Telwater®, LinQ®, BRP GO!®, Uncharted Society® and other trade name and/or service marks are the property of BRP or its affiliates (the “Marks”).

You agree that BRP is the exclusive owner of these Marks and all the goodwill associated with them. You may not use these Marks for any purpose that is not expressly authorized in these Terms without the prior written consent of BRP. You also acknowledge the validity of these Marks and acknowledge that you won’t challenge the validity or applicability of the Marks, by any means. For the Duration of these Terms and thereafter, you agree that you will not in any way impair BRP's rights in the Marks, or any confusingly similar marks, or its right to use thereof or the goodwill of the business connected with such use and symbolized by the Marks.

†All other trademarks are the property of their respective owners.

10. User Submitted Content

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas, and any other content or material that you submit, upload, post, or otherwise make available on or through the Site (each, a "Submission") and through the services available in connection with the Site, and that you, and not BRP, have full responsibility for each Submission you make, including its legality, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to BRP. You represent that: (a) the posting and use of your Submission on or through the Service does not violate, misappropriate, or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark, and/or other intellectual property rights; (b) you will pay for all royalties, fees, and any other monies owed by reason of the Submission you post; and (c) you have the legal right and capacity to enter into these Terms in your jurisdiction.

You grant to BRP a sub-licensable (including multiple tier sublicensing), transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media or medium and in any form, format or forum, whether now known or not currently known or invented) link to, utilize, use, perform (publicly or otherwise), display (publicly or otherwise), reproduce, distribute, edit, translate, distribute, adapt, modify, and prepare derivative works of the Submission. You furthermore expressly transfer, assign, waive and abandon to BRP any and all “moral” rights that you may have in any Submission.

You further agree that BRP is free to use any Submission for any purpose. BRP is, and will be, under no obligation (1) to maintain any Submission in confidence; (2) to pay any compensation for any Submission; or (3) to respond to any Submission. You grant to BRP the right to use any name associated with any Submission that you make available to BRP, although BRP has no obligation to exercise such right, or to otherwise provide any attribution for any Submission. 

You agree that you will not make a Submission that:

- is false, fraudulent, inaccurate, or misleading;

- violates any local, state, federal, or international laws or is otherwise tortious;

- is protected by or would infringe on the rights of others (including BRP), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;

- is obscene, indecent, sexually explicit, or otherwise objectionable;

- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by BRP in its sole discretion;

- defames, abuses, harasses, stalks, threatens, or otherwise violates the legal rights (such as rights of privacy and publicity) of others;

- uses racially, ethnically, or otherwise offensive language;

- is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;

- discuss or incite illegal activity;

- disseminates any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of solicitation;

- impersonates another business, person, or entity, including BRP, its related entities, employees, and agents;

- violates any policy posted on the Site; or

- is intended to cause harm, damage, disable, or otherwise interfere with the Sites, BRP, its affiliates, subsidiaries, dealers or any BRP authorized third-parties.

11. Site Warranty Disclaimers

YOUR ACCESS TO, AND USE OF, THE SITE IS AT YOUR SOLE RISK. BRPS PROVIDES THE SITE, THE SERVICES AND THE CONTENT ON THEM ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS”.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, WE EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

YOU WILL BE SOLELY RESPONSIBLE FOR (AND BRP DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SITE, CONTENT OR THE SERVICES. BRP AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE WILL:

(I) MEET YOUR REQUIREMENTS;

(II) BE COMPATIBLE MOBILE DEVICE OR PAYMENT METHOD;

(III) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR

(IV) BE ACCURATE OR RELIABLE.

YOU ALSO ACKNOWLEDGE THAT BRP HAS NOT MADE ANY REPRESENTATION OR WARRANTY REGARDING THE SITE’S AVAILABILITY, THE AVAILABILITY OF TECHNICAL SUPPORT, OR THE RESPONSE TIMES THAT YOU WILL EXPERIENCE WHEN USING THE SITE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM BRP SHALL CREATE ANY WARRANTY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, NEITHER BRP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUB-CONTRACTORS, PARTNERS, AGENTS OR REPRESENTATIVES (“BRP REPRESENTATIVES”) SHALL BE, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY (WHETHER IN AN ACTION ARISING FROM CONTRACT, TORT OR OTHER LEGAL THEORY) FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, LOSSES, COSTS, EXPENSES AND PAYMENTS ARISING FROM, OR IN CONNECTION WITH THESE TERMS OR THE USE, INABILITY TO USE OR RESULTS OF THE USE OF OUR SITE AND ITS CONTENT OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR WITH OTHER USERS ON OR THROUGH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ORDERS OR USER ACCOUNT, HOWEVER CAUSED, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BRP AND BRP REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY USER’S BEHAVIOR OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER HARM OR LOSSES, ARISING FROM OR RELATING TO THE USE OF THE SITE, THE PRODUCTS AND/OR THE SERVICES.

12. Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF THESE TERMS BY BRP OR BRP REPRESENTATIVES OR ANY DISSATISFACTION WITH RESPECT TO THE SITE AND/OR THE SERVICES IS TO DISCONTINUE OPERATING, ACCESSING AND USING THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL BRP’S TOTAL LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SITE AND/OR THE SERVICES EXCEED THE LESSER OF THE APPLICABLE PURCHASE MADE ON THE SITE OR ONE THOUSAND ($1,000.00) US DOLLARS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Events Outside of Our Control

BRP, its representatives and authorized third parties will not be liable or responsible to you for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-happening, omission, or accident beyond our reasonable control, and particularly includes the following, without limitation: (a) strikes, lockouts, labor disputes, supply chain disruption or other industrial action or disturbances; (b) civil commotion, riot, invasion, sabotage, terrorist attack, threat of terrorist attack, war (declared or not), or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (e) electrical or power outages, utilities, computer hacks, cyberattacks or other telecommunications failures or events; (f) impossibility of the use of public or private telecommunications networks; (g) acts, decrees, legislation, regulations, or restrictions of any government; and (h) pandemic, epidemic or other public health crises. BRP’s performance under any Order is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. BRP retains the right to terminate any Order or Service during an Event Beyond Our Control, but we will make reasonable efforts to find a solution by which our obligations under the Order or Service may be performed despite the Event Outside Our Control.

14. Export and Trade Compliance

You must fully comply with all federal, state, province, local and foreign laws, rules, regulations and ordinances in connection with your access and use of the Site and Services. You represent and warrant that you are not:

(a) located in a country that is subject to the Canadian and/or United States Governments embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations;

(b) located in a country that has been designated by the Canadian and/or United States Government as a “terrorist supporting” country; and

(c) listed on any Canada and/or United States Government list of prohibited or restricted parties.

You further agree not to export, directly or indirectly, the Site, Products and/or the Services, any technical data acquired from BRP, or any products utilizing such data to countries outside Canada or the United States, whose export may be in violation of Canadian or American export laws or regulations.

15. No Waiver

The failure by BRP to enforce any provision of these Terms does not constitute a present or future waiver of such provision nor limit BRP’s right to enforce such provision later. All waivers by BRP must be in writing to be effective.

16. Assignment

These Terms enure to the benefit of BRP and its successors, assigns and related persons. You may not assign any rights or obligations that you have under these Terms. BRP may assign its rights and obligations under these Terms without your consent.

17. No Agency

These Terms do not create any agency, partnership, joint venture or employment relationship. No party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

18. Severability

If any portion of these Terms is found to be invalid or unenforceable, the remaining portions of the Terms will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the rest of the Terms will remain in full force and effect.

19. Governing Law

These Terms and the relationship between you and BRP will be governed, interpreted and enforced in accordance with the laws of the province of Quebec, Canada, without giving effect to any principle of conflict of laws, and with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods, and will be subject to arbitration under the Code of Civil Procedure of the province of Quebec, in accordance with its arbitration rules then applicable.
The Terms and all related documents are also available in French. Les présentes modalités et tous les documents connexes sont aussi disponibles en français.