MotorHead Gurus, Inc.
Terms and Conditions of Service
A. Motor Head Gurus, Inc.:
Welcome to MotorHeadGurus.com (“Website”). Motor Head Gurus, Inc. (“MHG”, “us”, “we”, or “our”) is the owner and operator of the Website. Our goal is to service the automotive enthusiast community by providing a Website of information sharing as well as the active buying selling of “New” or “Used” everything that can be used automotive wise regardless of the year, make or model. This includes and is not restricted to all; Aviation, Automotive/ATVs/Cars/Motorcycles/SUVs/Recreational/Vehicle(RV), Commercial (Bus/Box Trucks/Cement Mixer/Dump Truck/Flatbeds/Lawn/Tow Trucks/Trucks/Semi-Trucks/Van), Car Care/Supplies, Electronics (Speakers/Amplifiers/Video/Head Units/HID/Lighting/Accessories), Heavy Equipment, Nautical (Boats/Jet Skies/Accessories), Parts (New/Used), Trailers (Auto, Boat, Motorcycle, Close Coupled, Construction, Enclosed, Flat, Full, Garbage, Livestock, Refrigerated, Semi, Tanker, Travel), Tools/Equipment (Air Tools/Hand Tools/Power Tools/Storage/Welding), Wheels, Tires and Accessories) and related services online. We do this through our Website and domain; by hosting access to our Website; and through the services available on or through our Website and domain, such as our Website’s Online Auction(s), For Sale Item(s), “How To” Forum/Blog, Useful Links services ("Services"), Events Calendar and Preferred Shops.
B. Our Terms and Conditions of Service and Use:
1. Duration of License to Access Services.
Your use and access to our Website and the Content hereon constitutes a personal, non-transferable, non-assignable, revocable, limited and temporary license (“License”) to use our Website and Services is subject to these Terms and or other Policies. Your limited License to use our Services is ongoing and continues until you cease using our Services, as determined by us in our sole discretion, or until your License or ability to use our Services are terminated or restricted by us. You expressly agree not to attempt to hack, crack, reverse engineer, harm, copy, or in any way interfere with our Services, Online Auction interface, or any other portion of our Website.
2. User Account.
We may require you to create an Account in order to use our Services. You must create an Account in order to buy, sell, auction, or bid on any Items available on or through our Services. You must be at least eighteen (18) years of age to create an Account, and represent and warrant that you are at least eighteen (18) years of age.
(a) General. We shall terminate, suspend, or restrict your Account according to these Terms and any of our other Policies incorporated herein by reference. You have the obligation to maintain and control passwords to your account. You are responsible for all activities that occur in connection with your username and password. You agree to notify us of any unauthorized uses of your username and password and/or any other breaches of security relating in any way to your account. You shall be responsible for all account activity and charges incurred prior to our receipt and acknowledgment of a written notice from you of the breach of security regarding your Account or any other unauthorized activity. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with your security obligations hereunder or caused by any person to whom you grant access to your account.
(b) Account Types.
Users may create a Private Account: when (1) a User will purchase Items from others on or through our Services for the purpose of using the Items without an eye towards resale, or when: a User purchases or sells two (2) or less vehicles or fifteen (15) or less parts by or through our Services in any twelve (12) month period, as determined by us in our sole discretion. By registering and creating a Private Account, the User represents and warrants that the User is not purchasing or selling Items to carry on the business of reselling.
Users may create a Dealer Account when a User purchases Items for resale, or when: a User purchases or sells three (3) or more vehicles or more than fifteen (15) parts by or through our Services in any twelve (12) month period, as determined by us in our sole discretion. Users of Dealer Accounts must provide to us at our request copies of current licenses (if applicable), information regarding any business entity which the User is affiliated with, and any other information we may reasonably request for the purpose of running our business or complying with applicable law.
3. Termination Restriction and Suspension of License.
(b) After Termination.
Upon termination of your License for any reason, you shall immediately cease all use of our Services and Website. You agree that we may take any measures we deem necessary to prevent you from using our Services or Website, including by blocking your IP address. You agree that after termination of your License, we are not obliged to retain or provide to you any Content or personally identifying information which was collected by us, but we may elect to do so in our sole discretion.
4. Auctions and Sales.
(a) Placing a Bid.
(b) Bid Rejection.
You agree that we may reject or void bids for any reason, in our sole and absolute discretion. Should a dispute arise regarding a bid, you irrevocably appoint us to be the sole arbiter and decision-maker with absolute discretion to resolve any bidding disputes. Users agree to indemnify, defend, and hold MHG harmless from any, and all liability arising out of our resolution of any bidding disputes.
(c) Item Cancellation.
We may, in our sole and absolute discretion and with or without notice, postpone or cancel a sale or withdraw an Item or vehicle from a sale or Auction. In that event, you agree we will neither have liability nor obligation to Users as a result of any Item or vehicle withdrawal, or sale or Auction cancellation or postponement.
(d) Won Bids.
If you are the highest bidder regarding an Item or vehicle at the close of the Auction, as determined by us in our sole discretion, that Item or vehicle shall immediately become your responsibility at your risk (whether you have paid for it or not). We are not responsible for lost, stolen or damaged vehicles or Items and will not reimburse or discount items for any type of loss.
(e) Shill Bidding.
You are strictly prohibited from placing bids or causing bids to be placed on any item or vehicle for the purpose of artificially increasing or otherwise manipulating the bidding process or the bid price of anything listed on our Services, as determined by us in our sole and absolute discretion.
(f) Vehicle and Title Release.
Unless a vehicle offered for auction or sale is owned by us, you agree and understand that we do not transfer legal ownership of items from the Selling User to the Buying User. Buying Users are responsible for arraigning with Selling User any transfer of legal ownership. In the event the vehicle is owned by us, we reserve the right not to release any vehicle or vehicle title for any reason.
(g) Risk of Loss.
You agree that you take full responsibility and assume all risk of loss for all Items or vehicles purchased from us or from other Users until after the auction is closed, thereafter the risk of loss is determined by agreement between the Users or the User and us, as the case may be. You agree that we shall not be liable for any damage or negligent act that causes damage to any vehicle or Item purchased by you from us or other Users.
(h) Import and Export.
It is the responsibility of the User to comply with customs and import procedures that may be applicable to foreign title vehicles.
(i) Reservation of Rights.
We retain the right, but do not have the obligation, to immediately halt any auction, or vehicle or Item sale, to prevent or restrict access to our Website or Services or take any other action, including but not limited to canceling any affected auctions, bids, or sales in case of technical problems, objectionable material, inaccurate listings, typographical errors in fixed price or auction listings, inappropriately categorized items, auction inaccuracies, Item inaccuracies, unlawful Item, procedures, or actions otherwise prohibited by other Policies we may adopt from time to time, or for any other reason in the sole and absolute discretion of MHG, and to correct any inaccurate listing, auction inaccuracies, Item inaccuracies, inappropriately categorized items or technical problems with our Services.
5. Shipping of Purchased or Auctioned Vehicles or Items.
When we are not the seller of an Item or vehicle, Users agree that all shipping, shipping charges, rigging, disassembly, special loading requirements, transport, packaging, insurance and all other costs related to physical transfer of a Vehicle or Item (“Shipping Matters”), the amount of, how, and by what party Shipping Matters are determined or paid, and allocation of risk of loss relating to Shipping Matters are to be determined in the sole discretion of the Selling User and the Buying User. By using our Services, you expressly agree that we shall have no liability relating to Shipping Matters, or any other matters after the Buying User’s payment has been remitted to the Selling User.
6. Payment and Fees.
Payment for Items, vehicles, security deposits, or any other fee or charge payable to us or any User must be made by cashier's check, money order, credit card or by PayPal Account. During the course of auction bidding, you expressly authorize us to place a hold on any credit card we may have on file under your Account in an amount equal to your bid as bidding progresses, up until the auction is final. When you place a bid, you expressly authorize us to, and we shall charge a hold to the credit card you place on file with us, in the amount of your bid.
1. Sold Item Fee.
There is currently not a fee for registering for an account. However, there is a fee placing an item for sale and or advertisement on our Website. A sold item fee in an amount equal to (3.5) percent of the price of any Item or vehicle sold by a User (“Sold Item Fee”). The Sold Item Fee applies whether an Item or vehicle is sold through our Online Auction or elsewhere using our Services immediately upon the listing of item(s). The Sold Item Fee shall be calculated as follows: Sold Item Transaction Fee, Category Pages Featuring, Highlighted Item, Home Page Featuring, Listing Images, Listing Setup, the item or Vehicle sale price, less taxes, and other costs, and not including in any way Shipping Matters, as determined by us in our sole discretion. By using our Services, you agree not to attempt to artificially lower the price of an item to avoid payment of the Sold Item Fee.
2. Auction Relisting Fee.
If you do not pay for a vehicle or Item won at Auction, as determined by us in our sole discretion, within (2) days of being notified that you were the highest bidder at auction, you agree that we may cancel the sale and invalidate your bid. In the event that we cancel a sale due to your failure to pay, you agree to pay to us a relisting fee equal to (6) percent of the auction price, plus any court costs and reasonable attorney's fees.
7. Security Deposit.
After registering and creating an Account with us, a User may bid up to $1,000 without paying a security deposit. However, we reserve the right to require a User to pay a security deposit bidding on any vehicle or Item. For bids over $1,000, a security deposit equal to 6 % of any bid is required as a security deposit before that User is allowed to bid. If the User is the winning bidder, we will apply the security deposit first to any fees owed to us by you and then to the purchase price of the vehicle or Item. If your Account is terminated for any reason, or you request in writing (email is acceptable), we will refund your security deposit within a commercially reasonable time, provided that you have no active bids and do not owe us any fees or other monies, as determined by us in our sole discretion. We will issue the refund by placing a credit on the credit card on file with us or by check, whichever you indicate to us.
8. Return and Exchange Policy.
Users agree that with respect to vehicles, Items, or anything bought, sold, or auctioned by or through or Services ALL SALES ARE FINAL. WE OFFER NO REFUNDS, RETURNS OR EXCHANGES. If a User has an issue, concern, or complaint relating to an Item or vehicle bought or sold through our services, you understand and agree that your sole recourse shall be pursuing the User that you bought or sold any Item or vehicle from or to. Users expressly agree to indemnify us with respect to any loss, charge, damages, or expenses incurred relating to our function as an intermediary between any Users or third parties. This section shall be in addition to any and all indemnification stated elsewhere in these Terms.
8. Disclosure of Information.
You agree that we may access, use, or disclose any personally identifiable information you disclose to us (which includes information such as a User’s name, email address, et cetera) as may be necessary: (i) to provide our services to you or allow you to access and use our Services and Website; (ii) to institute or comply with any legal action or process; (iii) to protect our rights and property, to prevent fraudulent activity or other deceptive practices, or to prevent a likely threat of physical harm to others; (iv) if we are acquired by (or merged with) another company, or if our assets are sold to another company; or (v) to share with our agents and contractors to enable them to perform services for us.
9. Dispute Resolution.
In the event that any dispute arises with respect to these Terms or any of our Policies, which are incorporated by reference herein, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in Monmouth County, New Jersey, and at our option, such arbitration shall be before a single neutral arbitrator selected by us in our sole and absolute discretion. In the event that we elect not to require that a dispute arising hereunder be submitted to binding arbitration, any such dispute shall nevertheless be litigated in the State courts located Monmouth County, New Jersey or in the Federal U.S. District Court for the District of New Jersey, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of our Website, or Services. By using our Website or Services, you irrevocably agree and consent to be bound to the personal jurisdiction of and venue selection in Monmouth County, New Jersey or in the Federal U.S. District Court for the District of New Jersey, whether either arbitration or litigation arises between us and you.
All vehicles and Items sold through or by MHAA are sold "AS-IS WHERE-IS", UNLESS LISTED ELSEWHERE ARE WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR MERCHANTABILITY. The term “vehicle(s)” shall mean all items posted for sale on our Services or Website, including but not limited to cars, trucks, motorcycles, boats, jet skis, Recreational Vehicles, etc. MHG expressly disclaims the accuracy or completeness of any and all information provided by us or other Users to Users regarding vehicles, whether provided in written, verbal, or digital image form, including but not limited: year, make, model, condition, ACV, damage amount, damage type, drivability, accessories, mileage, odometer disclosures, vehicle identification number, title, repair cost, repair history, title history, and/or total loss history (collectively, "Vehicle Information"). If you buy or sell an Item or vehicle from or to anyone using our Services, you are responsible for ascertaining the status of the title, registration status, and any other Vehicle Information relating to any such item or Vehicle. Vehicle Information provided by MHG, or by Users through our Services is for convenience only. User represents and warrants that such User shall not rely on Vehicle Information anywhere on or provided by or through our Services in deciding whether or how much to bid on a vehicle or whether or not to buy any Item offered for sale by or through us or our Services. We expressly disclaim any and all representations, warranties, and guarantees regarding vehicles or Items sold by or through us or our Services. Some states permit vehicles to be sold with missing VIN plates. We do not guarantee that vehicles have VIN plates. We do not guarantee that vehicles meet or can be modified to meet local requirements. It is the sole responsibility of the User to ascertain, confirm, research, inspect, and/or investigate vehicles, Items, and any and all Vehicle Information prior to bidding on vehicles or purchasing any Items through our Services. All Users agree that all vehicles sold by or through our Services are sold AS IS and are not represented as being in a roadworthy condition or any condition. We do not guarantee that any vehicle can be registered in any state and disclaim any liability relating thereto. You expressly agree that all title taken by a User is at User’s own risk and that we shall not be liable for any defects of title caused by either us or the applicable government motor vehicle agency.
In the event that MHG is not the seller of an Item or Vehicle in a transaction with you, if a dispute arises between one or more Users or Persons, each of you release MHG (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You acknowledge and agree that this waiver is an essential and material term and that without such waiver, we would not have agreed to provide services to you.
12. Limitation of Liability.
14. Choice of Law.
These Terms and our Policies are governed by the laws of the State of New Jersey and of the United States of America, and without regard to conflicts of law principles.
If any of the terms or provisions contained herein are deemed to be invalid or unenforceable, the other terms or remaining provisions shall remain valid and enforceable.
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of our Services.
17. Entire Agreement; Modification.
Please send your comments or questions to info@MotorHeadGurus.com. While we encourage you to provide feedback, comments, and questions, it is possible that we may not be able to respond to all the feedback we receive. You are responsible for the messages, materials, and content of all submissions to us and it is your responsibility to ensure any said message is accurate, reliable, original, and does not infringe upon the intellectual property rights of others.
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