Date of Last Revision: as of 01/02/2022
Please Read These Terms Before Using Site
These terms and conditions ("Terms & Conditions") are entered into between you and Heroes Motors ("Heroes Motors", "we", or "us"). The following terms and conditions, together with any documents expressly incorporated, including our Privacy, Shipping Information, and Returns & Exchanges policies, govern your access to and use of the website www.heroesmotors.com (the "Website"), including any content, functionality, and service offered in or through the Website, whether as a site visitor, customer, or registered user.
2. Eligibility, Registration and Account
The Website is not targeted towards, nor intended for use by, anyone under the age of 13. By using the Website, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Website. In addition, you may not make a purchase from our Website unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Website; (b) do not have more than one account per Website; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to access and use certain areas or features of our Website, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify Heroes Motors if you discover or otherwise suspect any security breaches related to your account or the Website.
3. Ownership of Site Content
Unless otherwise indicated on our Website, the Website and all content and materials therein, including but not limited to Heroes Motors logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Heroes Motors or our licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Website and Site Content for your own personal, non-commercial use. Such license is subject to your compliance with these Terms and does not include the right to engage in: (a) any resale or commercial use of the Website or Site Content; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Website and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Website, the Site Content or any information contained therein, except as expressly permitted on the Website or pursuant to separate terms; or (g) any use of the Website or the Site Content other than for their intended purposes. Any use of the Website or the Site Content outside the scope of the license granted herein, without the prior written permission of Heroes Motors, is strictly prohibited and will result in automatic termination of the license granted herein. Such prohibited use in violation of the license granted may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time at Heroes Motors’s sole discretion.
"Heroes Motors," or “Heroes Motors,” the Heroes Motors logo and other Heroes Motors product or service names, logos or slogans that may appear on the Website are trademarks or registered trademarks of Heroes Motors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Heroes Motors or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Heroes Motors " or any other name, trademark or product or service name of Heroes Motors without our prior written permission. In addition, the look and feel of the Heroes Motors, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Heroes Motors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Heroes Motors.
5. User Content & Interactive Website Areas
The Website may include blogs, blog comments, profiles, product reviews or other interactive features or areas (collectively, "Interactive Website Areas"), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos, text, music, sound, graphics, code or other materials on the Website (collectively, "User Content"). User Content may be publicly-viewable along with profile information associated with your online account, but it does not include your heroesmotors.com account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Website Areas, and that you use the Interactive Website Areas at your own risk.
By using any Interactive Website Areas, you agree not to create, post, upload, transmit, distribute, or store any of the following:
- User Content that is fake, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to Heroes Motors or any user or consumer or that is contrary to any instructions or warnings relating to the product
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
- User Content that does not clearly and prominently disclose any material connections you may have to Heroes Motors or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- User Content that contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
- User Content that, in the sole judgment of Heroes Motors, restricts or inhibits any other person from using or enjoying the Website or which may expose Heroes Motors or our users to any harm or liability of any type.
Any use of the Website in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Interactive Website Areas and/or the Website.
6. Rights in User Content
Except as otherwise provided in these Terms, on the Website or in a separate agreement with us (such as the rules of an Heroes Motors contest or an Heroes Motors content submission agreement), Heroes Motors claims no ownership or control over any User Content. However, by submitting or posting User Content on the Website, you grant Heroes Motors a nonexclusive, royalty-free, world-wide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content on the Website and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. Also, if you submit, post or share User Content through the Website or third-party platforms, you understand that this User Content will be viewable by others.
By posting User Content to the Website, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Website and to grant the rights to Heroes Motors that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Website, do not and will not violate these Terms, or any other applicable Heroes Motors terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding the Website, Heroes Motors and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become the sole property of Heroes Motors. Heroes Motors shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
9. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort and that you are solely responsible for your conduct while accessing or using the Website. You also agree to abide by any rules or policies governing your use of our Website and that you will not:
- Use the Website other than for their intended purposes, in any unlawful manner or in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Website for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
- Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from Heroes Motors;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Website that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop or use any third-party applications that interact with User Content or our Website without our prior written consent;
- Use the Website in a manner that could interfere with or damage, disable, overburden or impair the operation of the Website or introduce to the Website or our users any viruses, malware, corrupted data or other harmful, disruptive or destructive files or code; or
- "Frame" our Website or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose.
Heroes Motors has no obligation to monitor any user conduct on the Website, but Heroes Motors reserves the right and has absolute discretion to monitor any user conduct on the Website at any time and for any reason without notice. Heroes Motors does not approve or endorse any user-posted meetings or events referenced on the Website and Heroes Motors recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
10. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Heroes Motors and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Heroes Motors, the "Heroes Motors Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of the Website; (b) any User Content you create, post, upload, use, distribute, store or otherwise transmit on or through the Website; (c) any Feedback you provide; (d) your violation of these Terms; and (e) your violation, misappropriation or infringement of any rights of another. You agree to promptly notify the Heroes Motors Parties of any third-party Claims, cooperate with the Heroes Motors Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the Heroes Motors Parties shall have control of the defense or settlement of any third-party Claims
Except as expressly provided, the Website, Site Content and services provided on or in connection with the Website are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. Heroes Motors DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Heroes Motors does not represent or warrant that the Website is accurate, complete, reliable, current or error-free. Heroes Motors does not represent or warrant that the Website or our servers are free of viruses or other harmful components.
The Site Content, including, but not limited to, Heroes Motors and third-party photos, videos, articles, information and other content is general in nature and must be used with an appreciation for the differing capabilities among individual users, weather and other varying conditions, and the differing demands placed on equipment or techniques by the wide variety of circumstances that can be encountered in outdoor recreation. The information is not a substitute for in-person guidance by a qualified instructor or for personal experience gained in the company of knowledgeable and experienced outdoor recreationalists. You acknowledge that you could be seriously injured or die when engaging in activities presented on the Website and that you should receive professional instruction when appropriate. You assume all risks associated with engaging in any activities or using any equipment presented on the Website.
You may have the ability to exchange information with other users of the Website and arrange to meet each other offline. You understand that Heroes Motors does not conduct background checks of users or otherwise vouch for the safety of such offline meetings, and such meetings are held at your sole risk. You are advised to be careful not to accidentally divulge personal information about yourself, such as your name, phone number or address. We encourage you to take precautions when interacting with other users, particularly when meeting a stranger in person for the first time.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HEROES MOTORS PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS OR USE OF THE WEBSITE, YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SITE USERS, YOUR PARTICIPATION IN ACTIVITIES, EVENTS, OUTINGS OR EXPERIENCES THAT ARE NOT OFFICIALLY ORGANIZED AND HOSTED BY HEROES MOTORS OR OTHERWISE RELATED TO THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS TO ALL OR PORTIONS OF THE WEBSITE, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AN HEROES MOTORS PARTY'S RECORDS, PROGRAMS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HEROES MOTORS PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO HEROES MOTORS FOR ACCESS TO OR USE OF THE COMPLETE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION 13 WILL NOT LIMIT OR EXCLUDE THE HEROES MOTORS PARTIES' LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
14. Modifications to Website
Heroes Motors reserves the right to modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice.
15. Applicable Law and Venue
THESE TERMS AND YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, APPLICABLE TO AGREEMENTS MADE AND TO BE ENTIRELY PERFORMED WITHIN THE STATE OF CALIFORNIA, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN VENTURA, CALIFORNIA AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Website and providing Heroes Motors with a notice of termination. Heroes Motors reserves the right, without notice and in our sole discretion, to terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website.
If any term, clause, or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining terms, clauses, or provisions.