Terms of service

Terms and Conditions

Podium Motosports, LLC

Effective Date: August 18, 2026

Welcome to Podium Motosports. These Terms and Conditions ("Terms") govern your access to and use of the Podium Motosports website (the "Site") and your purchase of TM Motorcycles, OEM replacement parts, and related products or services from us (collectively, "Products"). By accessing the Site, placing an order, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase from us.

1. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract to use this Site or purchase Products from us. By using the Site, you represent that you meet these requirements.

2. Products Offered

Podium Motosports is an authorized dealer of TM Motorcycles and offers new TM Motorcycles for sale along with OEM replacement parts. TM Motorcycles and related marks are trademarks of their respective owner(s); Podium Motosports' use of these marks is solely to identify and describe the products we sell as an authorized dealer, and does not imply any other affiliation, sponsorship, or endorsement beyond that dealer relationship.

Product descriptions, specifications, images, and pricing on the Site are provided for general reference and may not be fully up to date. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice, including after an order has been submitted.

3. Pricing and Payment

All prices are listed in U.S. dollars and do not include applicable sales tax, title fees, license/registration fees, DMV fees, vehicle preparation fees, freight/crating charges, or other fees unless explicitly stated. Final pricing will be confirmed before your purchase is completed.

In the event a product is listed at an incorrect price due to typographical error, pricing error, or error in pricing information from our suppliers or the manufacturer, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will issue a refund.

We accept the payment methods indicated at checkout. You represent that any payment information you provide is accurate and that you are authorized to use the payment method submitted.

4. Financing

Podium Motosports offers customers the option to apply for financing through Freedom Road Financial, an independent third-party lender specializing in powersports financing. Podium Motosports is not the lender. Freedom Road Financial is solely responsible for credit decisions, loan terms, interest rates, and the financing agreement itself, all of which are subject to credit approval and Freedom Road Financial's own terms and conditions.

By applying for financing, you authorize Freedom Road Financial to obtain your credit report and verify the information provided in your application. Any dispute regarding your financing agreement, loan terms, payments, or credit decision should be directed to Freedom Road Financial directly. Podium Motosports makes no guarantee of financing approval or specific loan terms.

5. Orders and Order Acceptance

Placing an order through the Site constitutes an offer to purchase. All orders are subject to acceptance and availability. We reserve the right, at our discretion, to refuse, limit, or cancel any order for any reason, including suspected fraud, pricing errors, product unavailability, or issues with delivery to your location.

For motorcycle purchases specifically, your order and any financing application are also subject to completion of all required paperwork, including manufacturer's statement of origin, title application materials, applicable state registration requirements, and any dealer documentation Podium Motosports requires prior to finalizing your purchase.

6. Shipping and Delivery

Shipping of motorcycles and parts is governed by our separate Shipping Policy, which is incorporated into these Terms by reference. Please review the Shipping Policy for information on delivery methods, timeframes, shipping areas, and your responsibilities upon delivery, including motorcycle inspection requirements.

7. Returns, Cancellations, and Warranties

Returns, cancellations, exchanges, and warranty coverage for motorcycles and parts are governed by our separate Returns/Warranty Policy, which is incorporated into these Terms by reference. Please review that policy before completing your purchase. New TM Motorcycles are also covered by the manufacturer's warranty, subject to its own separate terms.

8. Vehicle Sales — Additional Terms

● Title, Registration, and Taxes. Unless otherwise stated in writing, you are responsible for all applicable sales tax, title fees, registration fees, and other government charges associated with your motorcycle purchase. Requirements vary by state and are ultimately your responsibility to satisfy with your local DMV or equivalent agency.

● Dealer and Documentation Fees. Any applicable documentation, freight, crating, vehicle preparation, setup, or dealer fees will be disclosed to you prior to completing your purchase.

● Accuracy of Buyer Information. You are responsible for providing accurate, current information (including your legal name, address, and payment/financing information) for purposes of title, registration, and delivery. Delays or complications caused by inaccurate information you provide are not the responsibility of Podium Motosports.

● State-Specific Requirements. Motorcycle sales, emissions compliance, and registration requirements vary by state. It is your responsibility to confirm that a purchased motorcycle may be lawfully titled, registered, and operated in your state before completing your purchase.

9. Website Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

● Use the Site in any way that violates applicable federal, state, local, or international law;

● Attempt to gain unauthorized access to the Site, other users' accounts, or our systems;

● Use any automated system, bot, scraper, or data mining tool to access or extract data from the Site without our prior written consent;

● Interfere with or disrupt the Site's operation, servers, or networks.

We reserve the right to suspend or terminate your access to the Site at our discretion for conduct that we believe violates these Terms or is otherwise harmful to us, other users, or third parties.

10. Intellectual Property

All content on the Site — including text, graphics, logos, images, and software — is owned by or licensed to Podium Motosports and is protected by applicable intellectual property laws, except for third-party trademarks (such as TM Motorcycles) which remain the property of their respective owners. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written permission, except as necessary to use the Site for its intended purpose (e.g., viewing products, placing an order).

11. Third-Party Links and Services

The Site may contain links to third-party websites or services, including our financing partner, Freedom Road Financial, and shipping carriers such as UPS and USPS. We do not control and are not responsible for the content, policies, or practices of any third-party sites or services. Your use of any third-party site or service is subject to that party's own terms and privacy policy.

12. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE PROVIDED BY A SEPARATE MANUFACTURER OR DEALER WARRANTY APPLICABLE TO A PURCHASED PRODUCT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PODIUM MOTOSPORTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO PODIUM MOTOSPORTS FOR THE PRODUCT GIVING RISE TO THE CLAIM. THIS SECTION DOES NOT LIMIT ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Podium Motosports, its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

15. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

15.1 Agreement to Arbitrate

You and Podium Motosports agree that any dispute, claim, or controversy arising out of or relating to these Terms, your purchase of Products, or your use of the Site (a "Dispute") will be resolved through binding, individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

15.2 Class Action Waiver

YOU AND PODIUM MOTOSPORTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.3 Arbitration Procedure

Arbitration will be conducted by a neutral arbitrator under the rules of a recognized arbitration organization American Arbitration Association (AAA) Consumer Arbitration Rules, as agreed by the parties or as further specified in a separate arbitration agreement provided at the time of purchase or financing. The arbitration will take place in Riverside County, California, or another mutually agreed location, or may be conducted by phone, video, or written submission where permitted.

15.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to Podium Motosports within 30 days of first agreeing to these Terms. Your notice must include your name, order or account information, and a clear statement that you wish to opt out of arbitration.

15.5 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief for claims relating to intellectual property infringement or unauthorized access to the Site.

16. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles, except where superseded by applicable federal law. For any Dispute not subject to arbitration under Section 15, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Riverside County, California.

17. Changes to These Terms

We may update these Terms from time to time. Changes will be effective when posted to the Site with an updated effective date. Your continued use of the Site or purchase of Products after changes are posted constitutes acceptance of the revised Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Shipping Policy, Returns/Warranty Policy, Privacy Policy, and any documents executed at the time of purchase or financing, constitute the entire agreement between you and Podium Motosports regarding your use of the Site and purchase of Products, and supersede any prior agreements.