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Terms of Sales and Use

WELCOME ON THE BRP ONLINE STORE SITE (the “Site”), which is operated by BRP Global Distribution Inc. and Bombardier Recreational Products Inc. (“BRP,” “we,” “our,” and “us”), and our authorized third parties. The Site gives to all users (“you”, “your”) the possibility to shop, enquire about and/or purchase several BRP products (“Products”) (collectively, the “Service(s)”). Note that the entity selling you the Products is BRP Global Distribution Inc.

WE STRONGLY RECOMMEND THAT YOU READ AND UNDERSTAND THESE TERMS AND CONDITIONS BEFORE USING AND PURCHASING PRODUCTS FROM THE SITE (the “Terms”). If you are uncertain regarding your rights under these Terms or you want any explanation about 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 BRP 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, you should not buy any Products and cease using the Site. Note that when you buy Products from us 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 us 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

Please take a moment to double-check your order details before sending it our way and correct it 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 all the important details. Keep this confirmation number until you receive your shipment confirmation email.

Even though we try and 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 Products which you have ordered, we will let you know as soon as possible, cancel the order, and issue a full refund.

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. There is no shipping or processing on weekends and holidays.

On rare occasions when the size or color you fancy might be out of stock, we'll send you an email to notify you and will proceed with any necessary adjustments.

Once your order is shipped, you will receive a final 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 precious link you will need if you wish to make a return and get a refund.

Sometimes, to speed things up, we might send parts of your order separately. In this case, you will get tracking information for each shipment.

1.3. Order modification

Order modifications are currently not available.

If you wish to change an order, you need to cancel it within the 30-minute window 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

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 BRP Site and dealership pricing may vary, and we do not offer a price match guarantee between the two. Prices are subject to change, and the price at the time of purchase is final.

2. PAYMENT

2.1. Method of Payment

We're pretty flexible here! Paypal†, VISA†, Mastercard†, AMEX†, prepaid VISA / Mastercard / Amex cards, Apple Pay†, and Google Pay† are all on the table. If you stumble upon payment issues, our customer service team is there to support you through the "Need help" section.

In the event of a return, we process the refund (when applicable) to the original method of payment. If you used a prepaid card, the applicable refund would go back to that card. It is crucial to keep such card(s) even after the funds are exhausted, especially if there's a possibility you might return your order.

Regardless of your method of payment, you agree to comply with the terms and conditions of your selected method of payment. Note that payments made by credit card will be processed by PayPal Canada Co in accordance with their terms and conditions.

2.2. 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 and the type of Products you're buying.

It's worth noting that several variables can shift 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 slightly increase or decrease from the initial estimated tax.

What if I have tax exemptions?
We apply the tax exemption pursuant to the applicable federal, state, provincial or regional legislations, including native tax exemptions and specific children clothing exemption. If you are eligible for a native tax exemption, you will need to contact our customer service team through the "Need help" section and provide the necessary documentation to support the exemption. For more details on eligibility and item qualifications, our customer service team is ready to assist you. Go to the "Need help" section, choose the contact method of your choice, and we'll guide you through the document needed and the process to get your tax exemption.

3. SHIPPING

3.1. Is Shipping Free?

Standard free shipping will be applied to order over 150$, before taxes and shipping charges, unless otherwise stated in any Product description or promotional offer. We offer standard and express shipping options. For all shipping details and rates, please refer to the “Shipping Delays” section.

3.2. Exclusions to Free Shipping and Express Delivery

Certain remote areas (for example, Northwest Territories (NT), Yukon (YT), Nunavut (NU), and Newfoundland Labrador (NL)) do not qualify for free shipping or express delivery.

We are not offering international shipping at this time.

3.3. Shipping Delays

Standard shipping usually takes 3-7 business days. Express shipping usually takes 2-3 business days when orders are be placed before 11 am Eastern time. Please note that delivery times are estimates and may vary.

Purchase amount

before taxes

Shipping Type

Cost

Processing Time estimate

Delivery time*

estimate

Additional Information

More than 150$

Standard

Free

1-2 business days

2-5 business days

150$ and less

Standard

20$

1-2 business days

2-5 business days

Any amount

Express

45$

1 business day

1-2 business days

Orders must be placed before 11 am Eastern.

Any amount (NT, YT, NU, NL)

Standard only

65$

1-2 business days

Varies

Free shipping and express delivery not available. Delay of delivery depends on the location.

3.4. Carrier

We will select the carrier and that carrier’s terms and conditions will apply for delivery. While we always strive to be punctual, please note that all processing and delivery times in these Terms and the confirmation email are given in good faith and only represent estimates. We cannot guarantee exact delivery dates. You may reach out to us through the "Need help" section if you want to enquire about the select carrier covering your area.

3.5. Completion of Delivery

The delivery will be completed when the purchased Products are delivered to the address you provided when you ordered. You are entirely responsible for your Product(s) as of the completion of delivery.

3.6. Bulky items

While we take great care in preparing your orders for shipment, be advised that some Products, due to their size and weight, may require special handling. If you ordered heavy, bulky and/or fragile Products, please ensure you have the necessary help or equipment to safely handle and transport your package. In certain cases, the carrier may assist you upon request, but BRP cannot guarantee it.

In the event you need to return a heavy, bulky and/or fragile Product, similar precautions should be taken when packaging, transporting and returning the Product to the return drop-off point.

Note that BRP is not responsible for any injuries, accidents or damages that may occur during the handling, transportation or return of any Product.

3.7. Stolen or Lost Products

In the unfortunate event that your Product is lost or stolen after delivery, BRP cannot be held responsible for any loss of theft. If you suspect your Product has been lost or stolen, please report to the carrier and to the local authorities for investigation.

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.

4. RETURNS

4.1. Returning Items : The Basics

a) Delay

We offer a 30-day return window from the day you receive your order. “Final Sale” Products and other Products marked as non-returnable or exchangeable are not eligible for return.

b) Condition

Returned items must be sent back in their original condition and packaging, with all tags, documentation, and accessories included. Tried it on a ride or adventure? If it's used, it unfortunately can't be returned.

c) Return Fee

Returns may be subject to a $25 return fee plus applicable taxes, which may be subtracted from the refunded amount. Please use the prepaid return label we provide to guarantee your return is processed correctly. Reach out to us through the "Need help" section if you want to confirm if there is any applicable return fee.

d) Exchanges

Need something different? We do not currently offer direct exchanges. Kindly follow the return process and place a new order for the desired item.

e) Gifts

Received a gift you'd like to return? The person who gifted it to you will need to initiate the return, and the refund will go back their way.

f) No Returns in Dealership

A BRP dealership 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 ensure you follow the return procedure below or contact our customer service for assistance through the "Need help" section.

4.2. The Return Process

1. Kick Off the Return

n your shipping order confirmation email, you'll find a link to initiate your return. Click on it to complete the online form, and we'll walk you through the process step-by-step. Didn’t get the link? Call us so we can help you using the "Need help" section.

2. Get your Label

We will email you a prepaid printable label and your return confirmation. For more details about the usage of the return label, make sure to read the “Using BRP return label” section.

3. Pack It Up

Make sure everything that came with your Product is in the box and apply the return label on your parcel.

4. Send It Off

Leave your package at a valid drop off point for the applicable carrier (note that your local dealership cannot process any returns for items purchased online). When we get it and if everything checks out, we'll let you know your refund is on its way.

5. Get refunded

We usually refund you via your original payment method within 5-10 days of your return reaching us. Returns may be subjected to a 25$ return fee (+ applicable taxes) under applicable terms and conditions.

If a return is likely to be made outside of the standard procedure, please contact our customer service as soon as possible. We make every effort to accommodate you, however we cannot assure the recovery of returns processed outside our established Terms.

Once we receive your return and everything checks out, we will issue a credit note and process the applicable refund via your original payment method. It usually takes 5 to 10 business days for the refund to reflect in your account.

If you've made your purchase with a prepaid card, it's important to keep it until you receive your refund, as a refund cannot be redirected to a different payment method. If you no longer have the prepaid card, please contact the card issuer for assistance, as they may be able to reissue a card or provide an alternative refund solution.

Note that if you mistakenly return any item other than the BRP Product(s) duly purchased on the Site for which a return is possible, BRP will handle such unsolicited item as deemed necessary and you cannot expect for BRP to send it back to you. You also understand that in case the wrong item is returned, the applicable refund available for a BRP Product purchased on this Site will likely not be processed.

If you have any questions or need support with the return or refund process, please contact our support team through the "Need help" section.

4.3. Using BRP Return Label

A prepaid return shipping label is a postage label provided by us for returning your items. Subject to any applicable return fees, the cost of return shipping is covered, and the label ensures that the item is returned to the correct address.

Each of our return mailing labels corresponds to a specific shipment. To ensure you get the right refund, please avoid mixing items from different orders or separate shipments from the same order in one box. Remember, every shipment needs its own dedicated mailing label.

If you need to reprint your return label, you can do so from the return confirmation email we send you. If you are having trouble, please contact our customer service team for assistance.

4.4. Oops Moments

Received a damaged or defective item or didn't get what you ordered? You can reach out directly to our support team through the "Need help" section, and by selecting the contact method of your choice. We'll make it right.

Note that we may audit or investigate any return or refund process involving a BRP Product, and take all actions deemed necessary if there is any appearance of fraudulent, immoral or unethical behavior, at our sole discretion, and without notice.

5. WARRANTY

5.1. 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.

To streamline the process and get you exactly what you need, 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 warranty policy is designed to give you peace of mind and confidence in every purchase you make with BRP.

6. CUSTOMER SERVICE / “NEED HELP” SECTION

We are here to help if you need any assistance with the Site or your order.

To assist you efficiently, please have your confirmation number or order number ready when you contact us. This will enable us to quickly locate your order in our system and expedite the resolution process.

If, for any reason, you do not receive your order confirmation or shipping notification emails within the expected timeframe, or for any other reason where you would need support from us, you can reach out directly to our support team through the "Need help" section, and by selecting the contact method of your choice.

7. CHANGES TO THE TERMS

7.1. Modifications to these Terms

We reserve the right to modify these Terms (or any part of it) 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.

7.2. 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.

8. PRIVACY AND ELECTRONIC COMMUNICATIONS

8.1. Privacy

In order to operate the Site and provide the Services, we may collect and otherwise process certain personal information about you. 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.

We use third party service providers to help us collect and analyze this information. We process and protect that information in accordance with the BRP Global Privacy Policy (a current version of which can be found at http://www.brp.com/en/privacy-policy.html). This Privacy Policy also details your rights as it pertains to such processing of personal information.

8.2. Consent to Electronic Communications and Solicitation.

When you purchase Products on the Site, you authorize us to send you information 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.

We can send you that information by different means, including emails. And don’t worry, we’ll always do so in compliance with the applicable laws.

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.

9. DURATION, SUSPENSION, TERMINATION

9.1. 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 (“Duration”).

9.2. Termination

(a) By BRP.

a. 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.

b. 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.

a. 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.

9.3. 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.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. 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 in them.

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

10.2. Marks

BRP, the BRP logos, BRP®, Can-Am®, Ski-Doo®, Lynx®, Sea-Doo®, Rotax®, XPS®, Manitou®, Alumacraft®, Quintrex®, Telwater®, 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 owners of these Marks and all the goodwill associated to 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.

11. SITE WARRANTY DISCLAIMERS

YOUR ACCESS TO, AND USE OF, THE SITE IS AT YOUR SOLE RISK. BRP 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 POSSIBLITY 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 LOWER OF THE APPLICABLE PURCHASE MADE ON THE SITE, OR ONE THOUSAND ($1000.00) 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. FORCE MAJEURE

BRP, its representatives and authorized third-parties will not be liable 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, including acts of God, labor disputes, supply chain disruption or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, cyberattacks, earthquake, storms or other elements of nature, blockages, embargoes, riots, strikes, acts or orders of government, public health crisis, acts of terrorism, or war.

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 U.S. 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, which export may be in violation of Canada or the United States 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. 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.

17. 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 this Terms, but the rest of the Terms will remain in full force and effect.

18. 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 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.