Legal notice

Legal Notice & Terms of Service

Bert's Buccaneer Indian Motorcycle

Effective Date: August 2025 Last Updated: May 27, 2026

Welcome to the online store operated by Bert's Buccaneer Indian Motorcycle ("we," "us," "our," or the "Company"). By accessing or using this website (the "Site") or placing an order, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Site.

1. Company Information

  • Legal Business Name:King of the Sea LLC, dba Bert's Buccaneer Indian Motorcycle
  • Trade Name: Bert's Buccaneer Indian Motorcycle
  • Business Address: 7006 E Adamo Drive, Tampa, FL 33619
  • Phone: 813-540-5300
  • Email: zak@bertshd.com

2. Eligibility

You must be at least 18 years of age and able to form a legally binding contract to place an order through this Site. By placing an order, you represent that you meet these requirements.

3. Products, Descriptions & Pricing

We make every effort to display product descriptions, images, specifications, and pricing accurately. However:

  • Colors and finishes may appear differently depending on your device or screen.
  • Specifications, availability, and pricing are subject to change without notice.
  • We reserve the right to correct any typographical errors, inaccuracies, or omissions, including after an order has been submitted.
  • If a product is listed at an incorrect price due to a pricing error, we reserve the right to cancel any order placed at that price, whether or not the order has been confirmed and charged.

4. Orders, Payment & Acceptance

All orders placed through the Site are offers to purchase and are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, suspected fraud, or violation of these Terms.

Payment must be received in full before an order is processed. By submitting payment information, you represent that you are authorized to use the payment method provided.

Applicable taxes will be calculated and added at checkout based on the shipping destination.

5. Shipping, Returns & Refunds

Shipping, returns, and refunds are governed by our separate Shipping Policy and Return & Refund Policy, which are incorporated into these Terms by reference.

6. Motorcycle Sales

Sales of new and pre-owned motorcycles are not completed through the online store. Online listings, deposits, or inquiries do not constitute a binding sales agreement. All motorcycle sales are completed in-person at the dealership and are subject to a separate Retail Buyer's Order, financing terms, applicable state and federal disclosures, and Florida dealer regulations.

7. Aftermarket Parts & Accessories Disclaimer

Motorcycle parts, accessories, and components sold through this Site are intended for use by individuals with appropriate mechanical knowledge or by qualified technicians.

  • Installation: We strongly recommend professional installation for all safety-critical components including but not limited to brakes, tires, wheels, suspension, fuel systems, and electrical components. Improper installation can result in product failure, serious injury, or death.
  • Fitment: It is the buyer's responsibility to verify that a part is correct for the intended motorcycle's year, make, model, and VIN before installation. We are not responsible for parts purchased in error.
  • Warranty Impact: Installation of aftermarket or non-OEM parts may void some or all of the manufacturer's warranty. Consult your warranty documentation or a dealer representative before installation.
  • Off-Road Use Only: Certain performance parts (including but not limited to specific exhaust systems, fuel controllers, and tuning components) are sold for closed-course competition or off-road use only and are not intended or legal for use on public roads. The buyer is solely responsible for compliance with all federal, state, and local laws, including emissions regulations.
  • California Buyers: Some products may not be legal for sale or use in California or other jurisdictions with specific emissions regulations. It is the buyer's responsibility to confirm legality in their jurisdiction.

8. Apparel & Riding Gear

Helmets, jackets, gloves, boots, and other protective gear are sold as-is and in accordance with the manufacturer's specifications and any applicable safety certifications. No protective gear can guarantee protection against injury. Always follow manufacturer guidelines for sizing, fit, inspection, and replacement (particularly for helmets, which should be replaced after any impact).

9. Trademarks & Intellectual Property

Bert's Buccaneer Indian Motorcycle is an authorized dealer of Indian Motorcycle® products. "Indian Motorcycle," the Indian Head logo, and related marks are trademarks of Indian Motorcycle Company and/or its affiliates. All other trademarks, logos, and brand names appearing on the Site are the property of their respective owners. Use of these marks on the Site does not imply endorsement, sponsorship, or affiliation beyond what is specifically stated.

All content on the Site — including text, graphics, logos, photographs, and product imagery created by or for the Company — is the property of the Company or its licensors and is protected by U.S. and international copyright laws. You may not reproduce, distribute, or create derivative works without prior written permission.

10. User-Submitted Content

If you submit reviews, comments, photos, or other content to the Site, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display that content for marketing and business purposes. You represent that any content you submit is your own, accurate, and does not violate the rights of any third party.

We reserve the right to remove any user-submitted content at our sole discretion.

11. Prohibited Uses

You agree not to:

  • Use the Site for any unlawful purpose
  • Attempt to gain unauthorized access to any portion of the Site or its systems
  • Use any automated means (bots, scrapers, etc.) to access the Site without our written permission
  • Submit false, misleading, or fraudulent information
  • Interfere with the operation of the Site or any other user's use of the Site
  • Resell products purchased from the Site without prior written authorization

12. Disclaimer of Warranties

THE SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Manufacturer warranties, where applicable, are provided directly by the product manufacturer and are governed by the manufacturer's terms.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR ANY PRODUCT PURCHASED, REGARDLESS OF THE LEGAL THEORY.

IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its owners, officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, or your violation of any third-party right.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any legal action arising from or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to the jurisdiction of those courts.

16. Dispute Resolution

 

Any dispute arising out of or relating to these Terms or your use of the Site shall first be addressed by good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may pursue resolution through the courts described in Section 15, or, alternatively, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in Tampa, Florida.

17. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date at the top of this page reflects the most recent revision. Continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

19. Contact

Questions about these Terms can be directed to:

  • Phone: 813-540-5300
  • Email: zak@bertshd.com
  • Address: 7006 E Adamo Drive, Tampa, FL 33619