Using MHG Website

MotorHead Gurus, Inc.

Terms of Use

A. Motor Head Gurus, Inc.: 

Welcome to MotorHeadGurus.com (“Website”). MotorHead 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. By accessing or using our Website, data, account, content, materials, information, or Services, including any feature available through our Website, you (“User”, ”Users”, “you”, or “your”), you expressly agree to be bound to and to abide by these Terms of Use (“Terms”), our Privacy Policy, our Terms and Conditions of Service, and any other policy we may develop (“Policies”), which creates a legal and enforceable agreement whether or not you register for a user account (Account) with us or obtain, transmit, post, send, receive, link, or otherwise communicate (“Post”): comments, questions, feedback responses, advertisements, data, text, software, music, sound, photographs, images, video, messages or any other input (“Content”) on our Website. If you do not agree to be bound to or to abide by these Terms of Use, our Privacy Policy, our Terms, and Conditions of Service, and any other policy we may develop (“Policies”) do not and you may not browse or use our Website or Service. 

B. Our Terms of 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 subject to these Terms. Your limited License to use our Website is ongoing and continues until you cease using our Website, as determined by us in our sole discretion, or until your License or ability to use our Website is 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 Website interface or any other portion of our Website. 

2. Content on Our Website. 

(a) By Us. 

All Content and services on our Website, or obtained from a Linked Site (defined below) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The trademarks, logos, and service marks (“Marks”) disseminated through our Services are the property either of MHG or of other parties. You are prohibited from using any Mark for any purpose (including meta tags on other pages or sites on the World Wide Web) and without the written permission of MHG or such other party that may own the Marks. In addition, our Services contain copyrighted material and proprietary information. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such copyrighted material or proprietary information without written consent from us, unless such information is in the public domain. 

(b) Linked Sites. 

Our Website and Useful Links page thereon may link to other sites by allowing you to leave our Website to access third-party material or by bringing third-party material into this Website via. “inverse” hyperlinks and framing technology (a “Linked Site”). We have no discretion to alter, update, or control the Content on a Linked Site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers and is intended for your convenience. There are inherent risks in relying upon, using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site. 

(c) Posted by You. 

You are solely responsible for the Content that you Post on, by, or through our Website or otherwise transmit to other Users. You understand and agree that we can delete any Content in our sole and exclusive judgment. You also agree that by Posting Content anywhere within, on or using our Website, you automatically grant to us an irrevocable and perpetual non-exclusive license to use, copy, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content. You also represent and warrant that any Posting or use of your Content by us will not infringe or violate the intellectual property rights or other rights of any third party. 

(d) Posted by Users or Others. 

We do not endorse and are not responsible for (i) the Content provided by other Users (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through our Website, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any product or service obtained from a Linked Site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by your reliance on any information, Content, product, or service obtained through our Website, our Website, or a Linked Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other Content available through our Services or Website. 

3. User Account. 

The Website MHG requires you to create an Account in order to use our Services. You agree that MHG may terminate, suspend, or restrict your Account according to these Terms. However, it is your 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 immediately notify us of any unauthorized uses of your username and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. 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 

4. Termination Restriction and Suspension of Account or License. 

(a) Termination. 

You have the right to terminate your License to use our Services and/or your Account at any time and for any reason by notifying us in writing (email is acceptable) and deleting your Account (if any). Such termination will be effective within a commercially reasonable time after we receive notification of your desire to terminate your Account with us, and your account balance is settled. We retain the right to terminate, restrict, kick, or suspend your Account and/or your License to use or access our Services or Website at any time in our absolute and sole discretion, without prior notice, for any reason or no reason. Should we elect to take any of the aforementioned actions, your License and/or your Account shall automatically be revoked, and you agree not to browse, use, or otherwise access our Services or Website in any way. Failure to comply with these Terms, our Terms and Conditions of Service, our Privacy Policy, or any of our other policies constitutes a breach of these Terms which may result in us kicking, restricting, suspending, or terminating your Account and/or your License to use our Services or Website. Failure to address any said breach caused by you or another party does not waive our right to act on similar breaches. 

(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 the 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. 

5. User Conduct on our Website. 

Some of the Content available on our Website is generated by Users of our Services or Website. Therefore, we established rules for user behavior on our Website. Remember your use of our Services and this Website are also subject to our Privacy Policy. By using or accessing our Services or Website, you expressly agree to be bound by, to abide by, and represent and warrant that you do at all times and shall abide by the following rules of our Website: 

(a) This a Website dedicated automotive enthusiasts. We are all part of the same MotorHead community, so please keep the conversation moving forward in a professional, polite and friendly fashion and tone or we may remove you from our Website and delete any or all of your Posts. 

(b) Show respect. 

(c) Stay on topic and do not create multiple advertisements or threads regarding the same topic. Unrelated Posts may be removed. 

 (d) Do not Post, distribute, transmit, or promote Content that infringes on the intellectual property rights of others. 

(e) Do not use our Services for any illegal or harmful purposes, or other uses that cause (or likely will cause) harm to any person, Subscriber, or the business reputation of MHG as determined by us in our sole discretion. 

(f) Do not use profanity or its equivalent. 

(g) Do not make threats or any acts of violence. 

(h) Do not manipulate or exclude identifiers in order to disguise the origin of any Content Posted on our Website. 

(i) Do not engage in nor post any hate speech, name-calling, any racist slur(s), comments, or gestures. 

(j) Do not accuse people of crimes for which they have not been convicted; otherwise, your accusations may be deemed libelous. 

(k) No Posting, providing, transmitting, or otherwise making available any junk mail, spam, or other any other solicitation. Discussion threads are not intended for commercial use. Do not engage in viral or "stealth marketing" on our Website. The use of any automated systems, software and/or code related to Posting on our Website is unauthorized and a violation of these Website Rules. 

(l) No Posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code (including spyware, worms, viruses, and the like). 

(m) No harassing, intimidating, stalking, or threatening other Website Users/Members. 

(n) No invasion of another's privacy. 

(o) Do not post personally identifying information about others. If you Post personal information about you, it will be public information and we are not responsible for how others may use it. 

(p) Do not do anything that is otherwise objectionable, as determined by us in our sole and absolute discretion. 

(q) The advertisement, posting or sales of any Firearms, Drugs, Fireworks, Solicitation of prostitution of any sexual activity, Sales of recalled items or Surveillance equipment is prohibited. We watch the conduct of Users on our Website, but in the event, we don’t catch inappropriate behavior, please report it to us by flagging the Post or by contacting us: info@motorheadgurus.com.

6. 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. 

7. 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, 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. 

8. DISCLAIMER - Website Use. 

THIS WEBSITE AND THE MATERIALS, PRODUCTS, AND/OR SERVICES IN THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MHAA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT, SECURITY, AND ACCURACY. MHAA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MHAA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, PRODUCTS, OR MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. 

9. Limitation of Liability. 

MHG shall not be liable for any lost profits or any incidental, indirect, special, collateral, consequential, exemplary, or punitive damages, resulting from or arising out of, under, or relating to your use, misuse, or inability to use our Website or Services; your dissatisfaction with any Vehicle or Item bought or sold by us or any User by or through our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Website or Services; any infringement of a third party’s rights; Content Posted by you or other Users; any accidental or improper disclosure of Personal Data by us; and any violation by you of these Terms, our Terms and Conditions of Service, our Privacy Policy, or any of our other Policies. You expressly agree that in no event shall MHG be liable to you or any other person for any amounts, judgments, or damages which exceed three hundred twenty-five dollars and no cents ($325.00). You agree that without these limitations on our liability we would not be able to provide our Website or Services to you and that these limitations shall apply even if it would cause your remedies under these terms to fail of their essential purpose. 

10. Indemnification. 

You agree to indemnify, defend, and hold harmless MHG, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers (if any) from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use our Website or Services; your dissatisfaction with any Vehicle or Item bought or sold by us or any User by or through our Services; a breach of warranty; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, or illegal use of our Website or Services; any infringement of a third party’s rights by you or any person using your Account; any Content Posted by you or other Users; any accidental or improper disclosure of Personal Data by us; any activity related to your Account by you or another person accessing your Account or our Website or Services; and any violation by you of these Terms, our Terms and Conditions of Service, our Privacy Policy, or any of our other Policies. 

11. Choice of Law. 

These Terms and our Privacy Policy 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. 

12. Severability. 

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. 

13. Compliance. 

You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding their use of our Services. 

14. Entire Agreement; Modification. 

These Terms together with our Privacy Policy and any other document referenced herein, constitute the entire understanding between MHG and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms, our Terms, and Conditions of Service, or our Privacy Policy at any time in our sole discretion. 

15. Feedback. 

Please send your comments, concerns, 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.