Terms of Use
These terms apply to powersportswatch.com and the Powersports Watch service (together, "the service"), operated by Powersports Watch of Boise, Idaho ("we", "us"). By requesting access, signing in or otherwise using the service, you agree to them. If you use the service on behalf of a dealership or other business, you agree on its behalf and confirm you are authorized to.
1. Who it is for
The service is for businesses, chiefly powersports and motorsports dealerships, and the people who run them. You must be at least 18. It is not offered to consumers for personal use.
2. Your account
Accounts are granted by us, by hand, to a named person. There is no password: we email a one-time code to the address on the account. An account is for one person. Do not share it, and do not forward sign-in codes. You are responsible for what is done through your account and for keeping your email account secure. Tell us at once at [email protected] if you think someone else has used it. Signing in on a new device ends your other sessions.
3. Fees
Access is currently by invitation. If we introduce paid plans, the price, billing period and any other commercial terms will be set out in an order or written agreement before you are charged anything, and that agreement will form part of these terms.
4. What the data is, and is not
The service records what dealers publish about their inventory on their own public websites, and keeps a dated history of it. We work to record it accurately, but it is only as current and as correct as what dealers publish, and we cannot guarantee it is complete or error-free.
Prices exclude tax, title, freight, setup and doc fees, and a listing is not an offer. The service is not a valuation tool and does not know what any unit sold for; days on lot, arrivals and departures are measured from what was visible on each dealer's website each morning. Confirm anything that matters with the dealer before acting on it. Decisions you make using the service are yours.
5. How you may use it
You may use the service for the internal business purposes of your dealership. You may not:
- resell, sublicense, publish or redistribute the service or its data, or use it to build a competing product or dataset;
- let anyone without their own account use it, or share exports or screenshots beyond your own business;
- access it by automated means, including scraping, crawling or bulk downloading, or attempt to get around access limits or market restrictions;
- probe, disrupt or overload it, or reverse engineer it;
- use it in a way that breaks the law or anyone else's rights.
6. Ownership
The service, its software, design, and the compilation, history and analysis it produces belong to us. Dealers' listings, photos, trademarks and descriptions belong to the dealers and manufacturers that published them. These terms give you a limited, non-exclusive, non-transferable right to use the service while your account is active; they do not transfer ownership of anything. If you send us suggestions, we may use them without obligation to you.
7. Suspension and ending
You can stop using the service and ask us to close your account at any time. We may suspend or close an account, or end or change the service, at any time, including if we reasonably believe these terms have been broken. Sections 4, 6, 8, 9, 10 and 11 continue to apply after an account ends.
8. No warranties
The service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not promise the service will be uninterrupted, timely or error-free.
9. Limits on our liability
To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunity, arising from or related to the service, however caused. Our total liability for all claims arising from or related to the service is limited to the greater of the fees you paid us in the 12 months before the claim arose and one hundred US dollars ($100).
10. Indemnity
You will defend and indemnify us against claims, losses and costs (including reasonable legal fees) arising from your misuse of the service or your breach of these terms.
11. Governing law
These terms are governed by the laws of the State of Idaho, without regard to its conflict of law rules. Any dispute will be brought exclusively in the state or federal courts located in Ada County, Idaho, and you and we consent to their jurisdiction.
12. Changes to these terms
We may update these terms. The date at the top shows when they last changed. If a change is material, we will tell account holders by email before it takes effect. Continuing to use the service after that means you accept the updated terms.
13. General
These terms, together with our Privacy Policy and any order for a paid plan, are the whole agreement between you and us about the service. If any part is found unenforceable, the rest still applies. Our not enforcing a term is not a waiver of it. You may not transfer your rights under these terms without our written consent.
14. Contact
Questions about these terms: [email protected] or our contact form.