Welcome to America Loves Horsepower! The following Terms and Conditions (hereinafter, “Terms”) govern all use of the Americaloveshorsepower.com website and mobile service (hereinafter collectively, the “Website”) and all content, services and products available at or through the Website.
1. Your America Loves Horsepower Account. You may use the Website only if you can form a binding contract with America Loves Horsepower, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under the age of 13 is strictly prohibited. You are not permitted to use the Website if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals. The Website is not available to anyone previously removed from the Website by America Loves Horsepower.
If enabled and you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign tags or descriptions to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and America Loves Horsepower may change or remove any tag or description that it considers inappropriate or unlawful, or otherwise likely to cause America Loves Horsepower liability.
America Loves Horsepower encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify America Loves Horsepower of any compromise of your credentials you become aware of and any unauthorized use of your account or any other breaches of security. America Loves Horsepower will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Creating an account with America Loves Horsepower gives you access to the Website in America Loves Horsepower’ sole discretion.
If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
You agree not to use user names or board titles that are offensive, obscene, or harassing to others. America Loves Horsepower reserves the right to require you to change your user name or the title of your board at any time and for any reason in America Loves Horsepower’ sole discretion.
If you create a America Loves Horsepower account, you must provide America Loves Horsepower with accurate and complete information. Please be sure to provide America Loves Horsepower with up to date contact information for you so we know how to reach you.
2. Responsibility of Contributors. If you operate an account, comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the Content and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, an image file, computer software or any other material. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret rights, moral rights or other intellectual property rights, or rights of publicity or privacy, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
the Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s name is not the name of a person other than yourself or company other than your own;
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by America Loves Horsepower or otherwise.
3. Responsibility of Website Visitors. America Loves Horsepower has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, America Loves Horsepower does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, and also may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. America Loves Horsepower disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
By visiting the Website, you agree not to do any of the following:
post, upload, publish, submit, provide access to or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive, pornographic or contains nudity; (v) promotes discrimination, bigotry, racism, homophobia, sexism, ageism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; or (viii) violates our Acceptable Use Policy;
Use, display, mirror or frame the Website, any individual element within the Website, our name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
Access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any of our sytems or networks or breach any of our security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Website content;
Attempt to access, search, scrape, download, upload or repost the Website or any content on the Website through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
Collect or store any personally identifiable information from the Website from other users of the Website without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the activities prohibited in these terms.
America Loves Horsepower reserves the right, at any time and without prior notice, to remove or disable access to any Content that America Loves Horsepower, at its sole discretion, considers to be objectionable for any reason or no reason.
3. Rights to Content. By submitting Content to the Website by email or other forms, you grant America Loves Horsepower a worldwide, royalty-free, transferable, sub licensable, and non-exclusive license to reproduce, modify, rearrange, reformat, adapt, distribute and publish the Content. Nothing in these Terms shall restrict America Loves Horsepower’ rights under separate licenses to Content.
4. Removal of Content. If you remove any Content from your account or the Website, America Loves Horsepower may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, America Loves Horsepower and other Users may retain and continue to display, reproduce, re-share, modify, re-arrange, and distribute any of your Content previously posted to the Website.
Without limiting any representations or warranties, America Loves Horsepower has the right (though not the obligation) to, in America Loves Horsepower’ sole discretion (i) refuse or remove or edit any content that, in America Loves Horsepower’ reasonable opinion, violates any America Loves Horsepower policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason or no reason, in America Loves Horsepower’ sole discretion.
5. Intellectual Property. This Agreement does not transfer from America Loves Horsepower to you any America Loves Horsepower or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with America Loves Horsepower. America Loves Horsepower, americaloveshorsepower.com, the America Loves Horsepower logo, and all other trademarks, service marks, graphics and logos used in connection with America Loves Horsepower or the Website are trademarks or registered trademarks of America Loves Horsepower or America Loves Horsepower’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any America Loves Horsepower or third-party trademarks. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit Website Content without express written permission from America Loves Horsepower.
6. Advertisements. America Loves Horsepower reserves the right to display advertisements on Content you post to the site. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that America Loves Horsepower shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
7. Changes, Modifications and Updates. America Loves Horsepower reserves the right, at its sole discretion, to modify or replace any part of this Agreement and Terms. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. America Loves Horsepower may also, in the future, offer new services and/or features through the Website (including but not limited to the release of new tools and resources). Such new features and/or services shall be subject to the Terms of this Agreement.
8. Termination. America Loves Horsepower may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is” and “as available”. America Loves Horsepower and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither America Loves Horsepower nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
America Loves Horsepower takes no responsibility and assumes no liability for any User Content that You or any other User or third party posts or sends over the Website. You are solely responsible for your User Content and the consequences of posting or publishing it, and You agree that America Loves Horsepower is only acting as a passive conduit for Your and other users’ online distribution and publication of Your and their User Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to Your purpose.
10. Limitation of Liability. In no event will America Loves Horsepower, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to America Loves Horsepower under this Agreement during the twelve (12) month period prior to the cause of action. America Loves Horsepower shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU AND YOU USE THE WEBSITE AT YOUR OWN RISK. YOU AGREE THAT NEITHER AMERICA LOVES HORSEPOWER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE WEBSITE, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, USER CONTENT, AMERICA LOVES HORSEPOWER CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMERICA LOVES HORSEPOWER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL AMERICA LOVES HORSEPOWER’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR AMERICA LOVES HORSEPOWER CONTENT EXCEED THE FEES, IF ANY, PAID BY YOU TO SEET RIDE MAN DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AMERICA LOVES HORSEPOWER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
America Loves Horsepower makes no representations that the Website is appropriate or available for use in countries other than the United States. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
12. Indemnification. You agree to indemnify and hold harmless America Loves Horsepower, its contractors and its licensors, and respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Feedback You provide. America Loves Horsepower values hearing from its users, and is always interested in learning about ways we can make the Website better. You may choose to or we may invite you to submit comments, ideas or feedback about the Website, including without limitation about how to improve the Website or our products (“Feedback”). By submitting any Feedback, You agree that Your disclosure is gratuitous and without restriction; your disclosure will not place America Loves Horsepower under any fiduciary or other obligation; and America Loves Horsepower is free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to You. By acceptance of your submission, America Loves Horsepower does not waive any rights to use similar or related Feedback previously known to America Loves Horsepower, or developed by its employees, or obtained from sources other than you.
14. Arbitration and Dispute Settlement. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Atlanta, Georgia, in the English language, and the arbitral decision may be enforced in any court. The award rendered by the Arbiters to the prevailing party in any action or proceeding to enforce this Agreement shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS AMERICA LOVES HORSEPOWER AGREES OTHERWISE, THE ARBITRATORS MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AMERICA LOVES HORSEPOWER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15. Governing Law. You agree that: (i) the Website shall be deemed solely based in Georgia; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over America Loves Horsepower, either specific or general, in jurisdictions other than Georgia. These Terms shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Fulton County, Georgia or the United States District Court for the Northern District of Georgia, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration and Dispute Settlement provision above.
16. Miscellaneous. This Agreement constitutes the entire agreement between America Loves Horsepower and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of America Loves Horsepower, or by the posting by America Loves Horsepower of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term of this Agreement or any breach thereof, in any one instance, will not waive such term or any subsequent breach thereof, and America Loves Horsepower’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its Terms; America Loves Horsepower may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. These Terms, together with any amendments and any additional agreements you may enter into with America Loves Horsepower in connection with the Website, shall constitute the entire Agreement between you and America Loves Horsepower concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
17. Contacting America Loves Horsepower. We welcome and encourage you to provide feedback, comments and suggestions for improvements. Please contact us at americaloveshp[at]gmail[dot]com