Note that your use of this site constitutes your acceptance of the terms and conditions as set forth below.
The Powr-Flite Auctions Site is brought to you by the Tacony Corporation.
All orders require a two business day processing period before shipment; in the event that credit card approval is delayed, it may take up to five business days to process and ship your order. This site charges sales tax. At this time, Powr-Flite Auctions can only accept United States domestic orders. We cannot ship orders to any address other than your billing address. Ground shipping is not available for Alaska and Hawaii. Additional charges will apply.
Pricing, Specifications & Availability.
Prices, specifications and availability of products are subject to change without notice. Any typographical, photographic, or specification error in product, pricing or offers is subject to correction. Although Internet orders generate an automatic confirmation and response email, Powr-Flite may change its pricing, product description or specification after any order confirmation or response email but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors. We reserve the right to limits sales, including the right to prohibit sales to re-sellers. Published prices do not include shipping.
Credit Card Orders.
We accept American Express, Discover, MasterCard, and VISA, and never charge any credit card surcharges.
Export.
To comply with certain vendor agreements and government regulations, Powr-Flite reserves the right to refuse to export products from the United States at any time. At this time, Powr-Flite Auctions can only accept United States domestic orders.
Comments, Feedback, and Customer Information.
Powr-Flite may sell or share non-personally identifiable customer information, or any material, information, and ideas you transmit to this site. We may use any ideas or comments you submit to this site without paying you. If you prefer that your information not be sold or shared, please notify us, and we will exclude it.
Quantities.
Powr-Flite reserves the right to limit quantities.
No Consequential Damages.
In no event shall Powr-Flite, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, "Powr-Flite") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Powr-Flite has been advised of the possibility of any such damages.
Service Terms
By using the service, you agree to follow the following Terms and Conditions:
Powr-Flite takes user privacy very seriously. Powr-Flite cooperates with relevant law enforcement, and third parties, enforcing intellectual property trade, or other controlling legal rights. By accepting this Terms agreement, you expressly consent to such use and disclosure of that personal information.
Powr-Flite requires you to provide us with your full name, full address, phone number, email address, password and a username.
Our site works with cookies. Cookies are stored on your hard drive. You may choose not to enable your cookies in your browser, if your browser permits, although in that case you will incur problems within the site.
If you conduct transactions on our site, we track comments placed about you, by those you have had transactions with. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you.
We use your personal information and activity to improve our site's layout as well as content and product offering. We may also use your information to inform you of changes and new offerings. You may remove yourself from receiving such information by changing the appropriate option. To do so, link to the "User Info" then "Profile" page. We use your email address, mailing address or phone to contact you regarding account and invoicing issues.
We only send information about our hot deals and specials to our customers who find it useful. You can opt-out of receiving future communications from us when you set up your account or by updating your account information. When you participate in a contest or survey, you also have the choice of opting-out at that time.
We do not sell or rent any personally identifiable information about you to any third party. We do aggregate information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. Certain information, such as your password and credit card number, is not disclosed in aggregate at all. Throughout the site, your User ID identifies you. We automatically send an email to the winning bidder(s) confirming the winning bid. Please note: We do provide personally identifiable information to 3rd party vendors partnered with Powr-Flite for the purpose of transaction completion.
Powr-Flite may use your information and activity to resolve disputes, troubleshoot problems and enforce our Terms. We also keep track of any alias that you register under. We cooperate with all law enforcement inquires, and with all third parties, to enforce their intellectual property or other legal rights.
Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example, we may be compelled under law to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, we can (and you hereby authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in compliance with the law. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.
The Disclaimer
DISCLAIMER OF WARRANTIES: THIS AUCTION SERVICE (THE "SERVICE"), WHICH INCLUDES THE CONTENTS THEREOF IS BEING PROVIDED BY POWR_FLITE. IN COOPERATION WITH TRUITION, INC (THE "SERVICE PROVIDERS") AT THE SOLE RISK OF THE USER. NEITHER OF THE SERVICE PROVIDERS, OR THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE ERROR-FREE; NOR DO THE SERVICE PROVIDERS OR ANY OF THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SERVICE IS AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE.
LIMITATION OF LIABILITY: NEITHER THE SERVICE PROVIDERS, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS OR LOSS OF DATA) ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THE SERVICE PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR THE BENEFIT OF SERVICE PROVIDERS AND THEIR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Users agree to indemnify and hold the Service Providers harmless with regard to loss or damage experienced through use of this system.
The Service Providers reserve the right to refuse service to anyone at any time.
The Service Providers reserve the right to cancel any bid at any time.
Users must be of legal age with the ability to enter into binding contracts.
The Service Providers do not assume responsibility for the content or the context of the listings.
The Service Providers cannot guarantee preservation of records, and may delete information without notice, at their sole discretion.
The Service Providers cannot guarantee that they will notice or prevent any inappropriate use of the system.
The Service Providers are not responsible for damage or loss caused by errors in the system or the Internet. The system may be unavailable unexpectedly as a result of errors or circumstances beyond our control. Use at your own risk.
The laws of the State of Texas, govern these Terms and Conditions. As noted elsewhere, your conduct may be subject to other local, state, and national laws. You expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Texas. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Texas in connection with any dispute or claim involving any Service Provider.
The Terms and Conditions supersede any prior agreements between you and the Service or any Service Provider. These Terms and Conditions may be amended from time to time by Powr-Flite. The new terms and conditions will be effective for transactions occurring after the new terms and conditions have been posted.
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