Terms and Conditions

 
Agreement between User and https://www.firstclasscarts.com
Welcome to https://www.firstclasscarts.com. The https://www.firstclasscarts.com website (the
"Site") is comprised of various web pages operated by First Class Carts, Inc ("First Class Carts").
https://www.firstclasscarts.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
https://www.firstclasscarts.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
 
https://www.firstclasscarts.com is an E-Commerce Site.
 
This website facilitates the transaction between a buyer and seller, First Class Carts, Inc. It is the
virtual space where we showcase our products, and online customers make selections. This
website acts as the product shelves, sales staff, and is often the point of sale for most of our
online customers.
 
Privacy
Your use of https://www.firstclasscarts.com is subject to First Class Carts' Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
 
Electronic Communications
Visiting https://www.firstclasscarts.com or sending emails to First Class Carts constitutes
electronic communications. You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications
be in writing.
 
Children Under Thirteen
First Class Carts does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use
https://www.firstclasscarts.com only with permission of a parent or guardian.
 
Cancellation/Refund Policy
Return & Exchange Policy for New Golf Carts
Any New Golf Cart purchased from First Class Carts Inc. may be returned or exchanged within 3
days of delivery or before the Golf Cart has been driven 20 miles, whichever occurs first, for a
partial refund or credit. Golf Carts being returned for refund or exchanged must be in excellent
unused condition, assessed, and evaluated for any damages or signs of wear and tear by a
designated First Class Carts employee.
Refunds will be issued via the original form of payment, for the purchase price of the Golf Cart,

less the $995 cancellation fee that was credited toward the original order and any discounts or
promotions applied.

Exchanges will be credited towards the new purchase in the amount of the purchase price of the
Golf Cart, less the $995 cancellation fee that was credited toward the original order and any
discounts or promotions applied.

All original shipping costs are non-refundable.
Additionally, it is the sole responsibility of the purchaser to return the golf cart to our dealership
in Miami, FL during business posted business hours and to ensure it arrives in the condition it
left in. For this reason, we recommend only transporting golf carts with appropriate packaging
and using fully insured and licensed operators of fully enclosed trailers. The purchaser will bear
all costs associated with returning the Golf Cart to the dealership.
Golf Carts will be inspected and tested upon receipt by First Class Carts prior to issuance of any
credits or refunds.
Golf Carts that have been converted into Low Speed Vehicles are not returnable but may instead
be bought back for less than the purchase amount since they are now used vehicles, regardless of
the length of ownership, having been titled in the name of the original owner with the State of
Florida.
A refund for the return or exchange of a financed Golf Cart will be disbursed directly to the
financing company which fulfills the obligations of the original financing contract; for
exchanges, the execution of a new financing contract or agreement is required.
There are no exceptions to this policy for any reason.

Return & Exchange Policy for Used Golf Carts
Any Used Golf Cart purchased from First Class Carts Inc. is sold “As-Is” and may not be
returned or exchanged for any reason.
There are no exceptions to this policy for any reason.

Order Cancellation Policy for New Golf Carts.
We charge an upfront non-refundable cancellation fee, we also refer to this cancellation fee as a
deposit, for all new golf cart orders in the amount of $995. The cancellation fee is a complete

purchase in and of itself, separate from any golf cart order, and paying this fee constitutes your
acceptance of this posted policy and agreement to all terms and conditions contained within this
website. The successful payment of the cancellation fee is immediately reflected as a credit
toward your total balance due for your golf cart order; it puts your order into production and
secures the desired golf cart. To reiterate, if, you are unsuccessful in paying your balance due or
do not wish to complete the purchase, for any reason, which may include customer cancellation
of the order, an inability to secure financing, or actual delivery timing exceeding our best
estimated timeframe at the time of paying the cancellation fee, the cancellation fee is non-
refundable. Checking the box on our website which states that you accept our term & conditions
constitutes agreement to this Policy which covers the Cancellation Fee in detail.
There are no exceptions to this policy for any reason.

 
Links to Third Party Sites/Third Party Services
https://www.firstclasscarts.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of First Class Carts and First Class Carts is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or
any changes or updates to a Linked Site. First Class Carts is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by First Class Carts of
the site or any association with its operators.
 
Certain services made available via https://www.firstclasscarts.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
https://www.firstclasscarts.com domain, you hereby acknowledge and consent that First Class
Carts may share such information and data with any third party with whom First Class Carts has
a contractual relationship to provide the requested product, service or functionality on behalf of
https://www.firstclasscarts.com users and customers.
 
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
https://www.firstclasscarts.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to First Class Carts that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's
use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of First Class Carts or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
First Class Carts content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of First Class Carts and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of First Class Carts or our licensors except as expressly authorized by
these Terms.
 
International Users
The Service is controlled, operated and administered by First Class Carts from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the First Class Carts Content
accessed through https://www.firstclasscarts.com in any country or in any manner prohibited by
any applicable laws, restrictions or regulations.
 
Indemnification
You agree to indemnify, defend and hold harmless First Class Carts, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. First Class Carts reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with First Class Carts in asserting any available defenses.
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
 

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and First Class Carts agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. FIRST CLASS CARTS, INC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
FIRST CLASS CARTS, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIRST CLASS CARTS, INC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL FIRST CLASS CARTS, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
FIRST CLASS CARTS, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF

YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
 
Termination/Access Restriction
First Class Carts reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Florida and you hereby
consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and First Class Carts as a result of this agreement or use of the Site. First Class Carts's
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of First Class Carts's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by First Class Carts with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and First Class Carts with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and First
Class Carts with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in English.
 
Changes to Terms
First Class Carts reserves the right, in its sole discretion, to change the Terms under which
https://www.firstclasscarts.com is offered. The most current version of the Terms will supersede
all previous versions. First Class Carts encourages you to periodically review the Terms to stay
informed of our updates.
 
Contact Us
First Class Carts welcomes your questions or comments regarding the Terms:
 
First Class Carts, Inc
11321 NW 20th St
Miami, Florida 33172
 

 
Email Address:
info@firstclasscarts.com
 
Telephone number:
305-686-6677
 
Effective as of October 01, 2023