Terms of
Service

Agreement

These Terms of Service ("Terms") govern your access to and use of https://cesspower.com (the "Site"), including Cesspool Shop, Find a Dealer, reviews, news, and related features, operated by Cesspool Powersports LLC doing business as Cesspool Powersports ("Cesspool," "we," "us," or "our"). By using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.

Who we are

Cesspool Powersports is a powersports marketplace and dealer platform. We operate a consumer research and shopping layer on cesspower.com and provide hosted dealer websites and admin tools to independent partner dealers. Partner dealers are separate businesses; their storefronts, inventory data, and customer relationships are their own unless otherwise stated in a written partner agreement.

Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site for transactions, inquiries, or account-related activity. The Site is intended for users in the United States unless we state otherwise.

Marketplace & third-party listings

Cesspool Shop and related browse features display vehicles, parts, and accessories submitted by partner dealers and other third parties. We do not own, sell, or warrant listed inventory unless we explicitly say so.

• Listing details (price, availability, condition, photos, specifications, and location) are provided by the listing dealer and may change without notice.
• Contacting a dealer or submitting a lead does not reserve a unit or create a binding sale between you and Cesspool.
• Purchase, financing, delivery, warranty, and titling are handled directly with the selling dealer under that dealer's policies and applicable law.
• We may remove or modify listings that appear inaccurate, misleading, or in violation of these Terms or our partner policies.

Partner dealer sites

Links from the Site may take you to independent dealer websites (for example https://nkpowersports.com). Those sites are operated by the respective dealer, not Cesspool. Their terms, privacy practices, and sales policies apply on those properties. We are not responsible for dealer sites or offline transactions with dealers.

Professional services

Cesspool provides digital professional services to dealer partners, including design, software development, hosting, marketing, and related services. Scope, fees, timelines, intellectual property, and support for those services are governed only by a separate signed or mutually accepted agreement (such as a Master Services Agreement, Platform Partner Agreement, or Statement of Work) — not by marketing copy on this Site.

Acceptable use

• Do not scrape, crawl, or harvest data from the Site without our written permission.
• Do not attempt to bypass security, probe systems, or interfere with Site operation.
• Do not post or transmit unlawful, fraudulent, defamatory, or infringing content.
• Do not misrepresent your identity or affiliation when contacting dealers or submitting forms.
• Do not use the Site to distribute malware, spam, or unauthorized advertising.

Intellectual property

The Site's design, software, trademarks, logos, and original content (excluding third-party listings and dealer-supplied materials) are owned by Cesspool or our licensors and protected by applicable intellectual property laws.

You may view and use the Site for personal, non-commercial research and shopping purposes. You may not copy, modify, distribute, or create derivative works from Site content without permission. Dealer partners receive usage rights to their deliverables only as defined in their service agreements.

Disclaimer of warranties

THE SITE, MARKETPLACE LISTINGS, DIRECTORY INFORMATION, AND ALL RELATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT LISTINGS ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE, THAT DEALERS WILL RESPOND, OR THAT THE SITE WILL BE UNINTERRUPTED OR SECURE. PROFESSIONAL SERVICES WARRANTIES, IF ANY, ARE SET OUT IN SERVICE AGREEMENTS ONLY.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CESSPOOL AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR RELIANCE ON LISTINGS. OUR TOTAL LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE SITE (OTHER THAN PROFESSIONAL SERVICES COVERED BY A SEPARATE AGREEMENT) SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify and hold harmless Cesspool from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Site, violation of these Terms, or infringement of third-party rights. Partner dealers indemnify us under their separate partner agreements for content and data they supply.

Changes

We may update these Terms from time to time. The "Last updated" date at the top will change when we do. Continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

Governing law & disputes

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles. You agree that exclusive jurisdiction for disputes relating to the Site (except where prohibited by law) lies in state or federal courts located in Virginia, and you waive any objection to venue in those courts.

Contact

Cesspool Powersports LLC d/b/a Cesspool Powersports
236 Industrial Blvd, Toano, VA 23168
contact@cesspower.com
757-906-3107