Online Terms and Conditions
Terms & Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR PURCHASING ANYTHING FROM THIS SITE.
We maintain this website as a service to our customers. By using our site, you agree to comply with and be bound by the following Terms & Conditions. Please review them carefully and check back periodically for changes. If you do not agree to these Terms & Conditions, you should not review information or obtain goods, services, or products from this site.
PLEASE NOTE: You must be 18 years old or older and a U.S. resident in order to participate on our site.
Limitation of Liability / Assumption of Risk
All products offered by Aspired Companies, LLC dba: “Cuda Powersports” (“Company”) are provided “as is” and are used solely at the purchaser’s and/or end user’s own risk. By purchasing, installing, or using our products, you expressly acknowledge and agree that the Company, including its owners, members, managers, officers, employees, contractors, and affiliates, shall not be held liable under any circumstances for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to bodily injury, property damage, financial loss, loss of profits, or other damages or expenses of any kind, whether foreseeable or unforeseeable, arising out of or in connection with the use, misuse, installation, or inability to use our products.
The consumer assumes full responsibility for the proper selection, installation, operation, maintenance, and use of the products, and hereby waives, releases, and discharges any and all claims or causes of action against the Company and its individual members, both in their corporate and personal capacities.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms & Conditions of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between you and the Company, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright / Intellectual Property
The content, organization, graphics, design, compilation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site is strictly prohibited, except as expressly permitted. You do not acquire ownership rights to any content, documents, or other materials viewed through the Site.
Fraud
By purchasing from this site, you confirm that the information provided is true and that you agree to abide by these Terms & Conditions. Your account may be cancelled without notice if false or misleading information is provided, these Terms are violated, or other abuses occur as determined by the Company in its sole discretion.
Limited Right to Use
The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for personal use and not for republication, distribution, resale, or any other unauthorized purpose.
Editing, Deleting, and Modification
We reserve the right, in our sole discretion, to edit or delete any documents, information, or other content appearing on the Site, including this Agreement, without further notice.
Indemnification
You agree to indemnify, defend, and hold the Company and its owners, members, affiliates, contractors, staff, and agents harmless from any liability, loss, claim, or expense (including reasonable attorneys’ fees) related to your violation of this Agreement or misuse of our products.
No Chargeback Policy
By completing a purchase on this website, you agree that all sales are final and that you will not initiate any chargeback or dispute with your credit card issuer or payment provider. You further acknowledge and agree to the following:
1. Binding Agreement: You are entering into a legally binding contract for the purchase of goods and/or services, and you expressly waive any right to reverse, cancel, or charge back any payment without first attempting to resolve the matter directly with us.
2. Unsatisfactory Goods or Services: If you believe the goods or services provided are unsatisfactory, you must first contact us and provide reasonable proof, pictures, and/or documentation of the issue prior to filing a dispute with your credit card company. You also agree to allow us a reasonable opportunity to resolve the matter, and at least two (2) business days to respond to your complaint, before filing any dispute for Unsatisfactory Goods or Services.
3. Fraudulent Chargebacks: Any attempt to obtain a refund through a chargeback without following this process will be considered fraudulent. We reserve the right to pursue collection of the amount owed, including fees, damages, and expenses.
4. Evidence Submission: In the event of a chargeback, we will submit this Agreement, along with proof of delivery, as evidence that the transaction was valid.
5. Account Termination: Customers who initiate improper chargebacks may have their accounts permanently banned.
6. Consumer Rights: Nothing in this policy removes or limits rights under applicable consumer protection laws.
Proper Use of Products
We strongly recommend that all products sold by Aspired Companies, LLC dba: “Cuda Powersports” be used only as intended by the original manufacturer. Any modification, alteration, misuse, or use of products for purposes other than their intended design is done solely at the risk of the purchaser and/or end user. The Company shall not be liable for any damages, injuries, or losses resulting from improper use, modification, or failure to follow product instructions or guidelines.
Disclaimer of Warranties
Products and information provided through this Site are offered strictly “as-is” and “as available.” All warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed to the fullest extent permitted by law. No advice or information, whether oral or written, shall create any warranty not expressly stated herein.
Limits
Our maximum liability to you under all circumstances will not exceed the purchase price you paid for the applicable goods or services.
Limitation of Remedies
Your sole and exclusive remedy for any defective product shall be, at the Company’s option, repair, replacement, or refund of the purchase price.
Product Availability & Pricing Disclaimer
Product availability and pricing are subject to change without notice. In the event of an error in product description, availability, or pricing, we reserve the right to correct such errors and to cancel or refuse any orders placed based on incorrect information, with a full refund issued if applicable.
Use of Information
You authorize us to use and assign all information provided by you in a manner consistent with our Privacy Policy, which is hereby incorporated by reference into this Agreement.
Third-Party Services & Links
We may link to or advertise third-party merchant sites. We do not operate or control these sites and are not responsible for their products, services, or policies. Use of such sites is at your own risk.
Submissions
All suggestions, ideas, concepts, and other information you submit to us shall remain our property, and we shall be entitled to unrestricted use without compensation.
Fulfillment / Substitutions
It is understood that 'Cuda Powersports is a family-run small business. During times of high order demand, particularly around the peak summer boating season, 'Cuda reserves the right to substitute longer or larger rolls if time or efficiencies can be gained.
For example, if a customer orders a 30 ft roll but a 35 ft roll is already processed and ready for shipping, the customer may receive the 35 ft roll instead. Another example: if a customer orders three (3) 25 ft rolls, but a longer roll is already processed and ready for shipping, the customer may receive a 75 ft or 100 ft roll instead, as this allows us to process customer orders more quickly.
In no circumstances will a customer be shorted carpet. Any difference in price will be applied to cover additional shipping costs or material and will not be credited back. 'Cuda Powersports appreciates your understanding, as we are a small family business striving to fulfill every order as quickly and timely as possible.
Return Policy
Returns, exchanges, or store credit are available on eligible non-custom products within 21 days of receipt. Buyer is responsible for return postage. Certain products (custom-made items, bunk boards, and large carpet rolls except for manufacturer defects) are not returnable. Please see our full Return Policy on the Site for details.
Shipping / Processing
Orders typically ship within 1–3 business days. We use FedEx, UPS, or USPS for most shipments. Additional charges apply for international, Alaska, or Hawaii shipments. International buyers are responsible for all customs duties, taxes, and fees, and for ensuring compliance with local import laws and regulations. International sales are final.
Age & Competency Use Disclaimer
Our products are not intended for children and should only be used by competent individuals who understand the risks associated with their use. By purchasing, you affirm that you are at least 18 years of age and legally capable of entering into a binding agreement.
Force Majeure
The Company shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, labor disputes, government orders, transportation failures, or supply chain disruptions.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Limitation on Time to File Claims
You agree that any claim or cause of action arising out of or related to your purchase or use of our products must be filed within one (1) year after the cause of action arose, or be forever barred.
Arbitration & Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to your purchase or use of our products shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered exclusively in the state courts of Arapahoe County, Colorado, or the United States District Court for the District of Colorado, and the parties hereby consent to such jurisdiction and venue for purposes of enforcement. You waive the right to participate in a class action or class-wide arbitration.
Governing Law & Jurisdiction
This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. All actions shall be brought in the Circuit Court of Arapahoe County, Colorado, or the United States District Court for the State of Colorado. You consent to such jurisdiction and venue.
Attorneys’ Fees
In the event of any dispute, claim, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the non-prevailing party.
Electronic Communications Consent
By using this Site or purchasing our products, you consent to receive communications from us electronically, including order confirmations, invoices, notices, and disclosures. Such communications satisfy any legal requirement that they be in writing.
Assignment
You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. Any attempted assignment in violation of this clause shall be null and void.
Waiver of Jury Trial
To the extent any dispute is heard in a court of competent jurisdiction (rather than arbitration), you and the Company each waive the right to a jury trial and agree to resolve all claims through a bench trial before a judge.
Survival
The provisions of this Agreement relating to limitation of liability, indemnification, arbitration, governing law, attorneys’ fees, and any other provisions which by their nature should survive, shall remain in effect after termination of this Agreement or completion of any transaction.