Access to and use of the web pages located at the domain HomeMadeTurbo.com (the "Site") by you (sometimes also referred to herein as the "User") is subject to, and constitutes your acceptance of, and agreement to comply with, the following terms and conditions (the "Agreement"). If you have not already done so, please take some time to familiarize yourself with this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately discontinue any use of the Site. Also note that the terms and conditions of this Agreement may change from time to time and it is your responsibility to check for such updates on this Site. If any change is unacceptable to you, your sole recourse is to discontinue accessing or otherwise using this Site. Your continued use of the Site shall constitute your acceptance of the Agreement as amended. The last revision date for this Agreement is set forth below.
Last revised: February, 2008
Reserved Rights and Grant of Limited License
Copyright © 2009 ForuMedia
Inc. All rights reserved.
ForuMedia Inc. ("ForuMedia") either owns the intellectual
property rights, including copyright, or has acquired the necessary
licenses therein, in and to the information, including, without limitation,
all text, HTML code, multimedia clips, images, graphics, icons, Java
code, and the selection and arrangement of the contents of the Site
(collectively the "Information"). The User is granted a limited,
non-exclusive license to display the Information and print short extracts
of the Information for the User's own personal use only, provided the
Information is not modified, identifies the source, bears ForuMedia's
copyright notice as it appears above, and provided further that the
User shall be fully responsible for any consequences resulting from
such use. Any other use of the Information is strictly prohibited. None
of the Information may be otherwise reproduced, republished or re-disseminated,
in whole or in part, in any manner or form without the prior written
consent of ForuMedia
ForuMedia Tools
Certain web pages and services
offered by ForuMedia on the Site, including without limitation the search
tools and user forums, provide the User with the ability to perform
searches using User-defined parameters to identify and obtain information
(including links) on various third party vendors and service providers.
Searches performed using the search tools may provide the User with
a list of search results which may be ordered, in part, based upon a
monetary sum or other consideration paid by these third party vendors
and service providers to ForuMedia. The information listed in all such
search results has been entered directly by the third party vendors
and service providers into the database and is not reviewed by ForuMedia.
The identification of vendors and service providers (collectively, a
"Third Party"), and the provision of information related to
it, appearing in the results achieved through the use of any tool or
service provided by ForuMedia in this Site (including for greater certainty,
the search tools and user forums), whether such information is contained
on this Site or linked from this Site, should not be construed as a
recommendation, approval or endorsement by ForuMedia of that Third Party
or its services, or that there is an affiliation or association between
ForuMedia and that Third Party or its services. All reservations noted
above under the heading "General" as they apply to linked
sites apply equally to the results achieved through the use of any tool
or service provide by ForuMedia in or through this Site (including for
greater certainty, the search tools and user forums) and to any Third
Party product or service.
All transactions or communications that take place between the User
and a Third Party that the User has identified through the use of this
Site, including any purchase of services, take place solely between
the User and that Third Party. ForuMedia is not involved in any such
transactions or communications whatsoever. Any disputes arising from
any such transactions or communications between Users and Third Party's
are solely matters to be resolved between those parties and in connection
therewith, the User hereby agrees to release, indemnify and hold ForuMedia
harmless from and against any and all claims, demands and damages of
any kind arising from such circumstances.
Disclaimer of Warranty
This site and all information
and other materials made available on or through this site (including
without limitation the search tools and user forums) are provided ‘as
is’ without representations, warranties, conditions and indemnities
of any kind, either express or implied. ForuMedia disclaims all representations,
warranties and conditions, expressed or implied, statutory or otherwise,
including, without limitation, implied warranties and conditions of
merchantability, fitness for a particular purpose, uninterrupted or
error-free operation, title, non-infringement or other violation of
rights, or those arising out of a course of dealing or usage of trade.
The site and all information and other materials made available on or
through this site (including without limitation the search tools and
user forums) is reasonably believed to be reliable when posted. However,
ForuMedia does not provide any representations, warranties, conditions
or indemnities regarding the use, validity, accuracy, completeness,
timeliness, availability or reliability of, or any results of the use
of, or otherwise respecting, the site or any information or other materials
made available on or through this site (including without limitation
the search tools and user forums) or any sites linked to or from the
site. ForuMedia assumes no obligation to update the site or advise of
any further developments . Information and third party information whether
contained on or linked from the site may contain typographical errors
and may be subject to change without notice.
Limitation of Liability
Under no circumstances shall
ForuMedia be liable for any direct, indirect, special, incidental, punitive,
exemplary, aggravated, economic or consequential damages, including,
without limitation, loss of use, data, profit, opportunity or savings,
arising out of or in any way related to the use, or the inability to
use or access the site or any information or other materials available
on or through the site (including without limitation the search tools
and user forums) whether based in contact, tort, negligence or otherwise,
even if ForuMedia or an authorized representative of ForuMedia or an
authorized representative of ForuMedia has been advised of the possibility
of such damages. If your use of the site or any information or other
materials available on or through the site (including without limitation
the search tools and user forums) results in the need for servicing,
repair or correction of equipment or data, the user assumes any costs
thereof. Under no circumstances shall the cumulative total liability
of ForuMedia to you arising under this agreement for any cause whatsoever
be greater than Cdn$10.
Trademarks
Certain words, phrases, names,
designs or logos used on the Site constitute trade marks, service marks
or trade names of ForuMedia or other entities as indicated. The display
of any such marks or names on the Site does not imply that a license
has been granted by ForuMedia or such other entities. ForuMedia will
take all appropriate legal action necessary to fully and effectively
enforce its rights, whether such rights are in respect of a trademark,
service mark, copyright or any other intellectual property right or
other right of ForuMedia under applicable law, as set out in this Agreement.
User's Warranties and Representations
The User hereby represents,
warrants and covenants that the use of the Site by the User has not
and shall not violate any applicable local, national or international
law, including, without limitation, any regulations having the force
of law. The User hereby covenants not to impersonate another person
in the use of the Site or the sending of any email to an address listed
on the Site.
Site Forums
Permissible Uses
ForuMedia believes that the
Community Forum is a valuable place for enthusiasts to exchange information
and learn from one another. Like any community, the Forum is most valuable
when everyone follows certain basic guidelines and rules of conduct.
The Community Forum Terms of Service sets forth these Rules and Guidelines
so that you know what is expected of you and what you can expect from
other participants when using the Forum.
At ForuMedia, we want the Community Forum to be appropriate, friendly,
informative, and fun for all of our users. We want our users to utilize
the forums for their enthusiasm, whether it is for questions, answers,
research, chat etc. If everyone follows the Terms of Service, then the
Forum will remain a fun and informative community.
Registration
You are not obligated to register
in order to access the Forums and read the message boards. However,
registration (via provision of a valid email address, screen name, password
and selected other required fields) and login are required in order
to post to the message boards and adjust user settings. All information
received from you will be handled in accordance with ForuMedia Inc.’s
Privacy Policy.
When you register, you will also be asked to enter some personal information.
Please keep in mind when choosing a screen name and filling out your
profile that whenever you post to a message board your screen name,
and a link to your profile and online status, will automatically appear
with your post. (Note: Options to hide certain fields are available
in the user profile.)
We may refuse to grant you, and you may not use, a screen name (or email
address) that is already being used by someone else, impersonates another
person, belongs to another person (without his or her prior consent),
violates the intellectual property or other rights of any person, is
vulgar or otherwise offensive, or that we reject for any other reason
at our sole discretion.
In consideration of your use of the Forums, you agree that all information
provided in your profile is accurate, true, current and complete. ForuMedia
Inc. may terminate your account if any of the information provided is
found to be inaccurate or false.
Community Forum Moderators
ForuMedia Inc. provides Moderators
for the Community Forum who may provide answers to some questions. Moderators
are not authorized to represent themselves on the Forum as ForuMedia
Inc. employees, and do not provide official ForuMedia Inc. responses
to questions. ForuMedia Inc. is not responsible for content provided
by any Moderator.
Posting Content / Sending
Private Messages
Participation in the Community
Forum is governed by the Rules of Conduct, set forth below and incorporated
herein by reference. Messages sent by the Private Messages component
are subject to all rules set forth in these Terms of Service. Note:
Other users have the right to block Private Messages sent using the
Ignore feature, or to turn off this feature altogether.
Links
The Forum permits users to
post hypertext links to content hosted and maintained by third parties.
Although linked sites are not generally reviewed by Moderators, links
are subject to treatment like any other type of content posted to the
Forum. You may not include a link in the Forum that directs users to
any content or information that, if posted in the Forum, would constitute
a violation of these Terms of Service.
The linked sites are not moderated by ForuMedia Inc., are not under
the control of ForuMedia Inc. and your access to any linked site is
at your own risk. You should use your own judgment before you use any
link or access any linked site. When leaving the Forum using any link
provided by a user, you should be aware that ForuMedia Inc.’s terms
and policies no longer govern, and, therefore, you should review the
applicable terms and policies, including privacy and data gathering
practices, of that site. If you access a linked site and find that materials
to be in violation of these Terms of Service, you may report the link
to a moderator and/or Administrator.
ForuMedia Inc. makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability of
sites accessible by hyperlink from the Forum. The ability to include
links is provided only as a convenience to you, and the inclusion of
any link by a user of the Forum does not imply affiliation, endorsement,
or adoption by ForuMedia Inc. of the linked site or any information
contained therein.
Enforcement
ForuMedia Inc. generally does
not pre-screen, verify or edit the content posted by users in the Forum.
However, ForuMedia Inc. and its Moderators reserve the right to investigate
any violation of the Terms of Service and to take appropriate remedial
action. ForuMedia Inc. has absolute discretion to enforce the terms
of these documents, including, but not limited to warning users of violations,
disabling or suspending Private Message privileges and/ or Forum access,
deleting, screening or editing any content, or prohibiting any behavior
that does not comply with these Terms of Service, including the Rules
of Conduct, or which is otherwise inappropriate for this Forum, harmful,
objectionable, or inaccurate. If it is deemed necessary to delete content
for violation of the Terms of Service, the entire thread, including
the original post and all replies, may be deleted. Moderators generally
will not edit users' posts to remove content; however, at their sole
discretion, they may request that a user edit a post to delete the objectionable
content and resubmit it.
ForuMedia Inc. also may release information concerning your use of the
Forum (including posted content, registration information, and network
records) when ForuMedia Inc. believes release is appropriate to comply
with the law (e.g., a lawful subpoena, warrant or court order); to enforce
or apply these Terms of Service; to protect ForuMedia Inc. rights or
property, or to protect ForuMedia Inc. users from fraudulent, abusive,
or unlawful use of the Forum; or if ForuMedia Inc. reasonably believes
that an emergency involving immediate danger of death or serious physical
injury to any person requires disclosure of communications or justifies
disclosure of records without delay.
Deliberate attempts by you or someone on your behalf to evade or circumvent
your suspension or termination of your rights to use the Forum violates
these Terms of Service, constitutes an unlawful trespass to ForuMedia
Inc. equipment and systems, and may result in legal action.
To report violations of the Forum Terms of Service, please CONTACT us. Please include the message board
name, the post's subject, the post author screen name, the link of the
post in question and any other applicable information in your email.
Rules of Conduct
By participating in the Forums,
including the posting of content and sending of Private Messages, you
agree that you will not upload, post, or otherwise transmit any content
(including text, links, communications, software, images, sounds, data,
or other information) that:
Additional Guidelines
These Guidelines are intended
to set the Forum's tone and visitor expectations, in order to improve
the Community Forum experience.
Do not reveal information that you do not want to make public. Any personal
information that you post can be obtained and used by others. Anything
you post in the Forum, you post at your own risk.
You use the Forum at your own risk. In any online forum like ForuMedia
Inc. forums, it is not possible to be sure that other users are who
they say they are, know what they say they know, or are affiliated with
whom they say they are affiliated.
Please refrain from posting where you do not know the answer. Incorrect,
misleading or incomplete responses do not help other users. Please feel
free to respond to any post where you know the answer. Forum users have
come to trust that they will get good answers. Please help build and
maintain that trust.
Community Forum Moderators do not respond to every post. The Forum is
a place for users to help users. Forum Moderators will review the message
boards, and respond at their discretion. If you need to contact ForuMedia
support, please do so HERE Be respectful of other users. Some
Forum users are new to the motorcycle scene and may not have extensive
knowledge of the industry. Belittling or insulting remarks are not conducive
to the creation of a strong online community.
Disclaimer of Warranties
and Limitation of Liability
Most of the content posted
to the Forum and sent in Private Messages is provided by third parties
like you. Such third-party content is the sole responsibility of the
person originating that content.
Governing Law
The laws of the Province of
Ontario and the laws of Canada applicable therein shall govern as to
the interpretation, validity and effect of this Agreement notwithstanding
any conflict of laws provisions or the User's domicile, residence, or
physical location. The User hereby consents and submits to the non-exclusive
jurisdiction of the courts of the Province of Ontario in any action
or proceeding instituted under or related to this Agreement.
General
This Agreement sets forth the entire agreement between you and ForuMedia Inc. in respect of the Site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from these Terms of Service and the remaining provisions shall remain in full force and effect. Any failure by ForuMedia Inc. to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. The parties have required that this Agreement and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Site Terms of Use that apply to all of ForuMedia Inc. websites.