Motorworks Engine Center manages an electronic website that serves as a business platform where we offer engine replacement and repair services as well as remanufactured and used engines.
Motorworks Engine Center does not provide legal, tax, brokerage services, investment advice or advice regarding the suitability, profitability or appropriateness of any security. You should consult an attorney or tax professional regarding your specific legal or tax situation.
In connection with the Services it provides, Motorworks Engine Center may come into possession of confidential, material, non-public information. We are prohibited from improperly disclosing or using this information for our own benefit or for the benefit of any other person. We maintain policies and procedures designed to prohibit the communication of this information to persons who do not have a legitimate need to know the information and to remain in compliance with applicable law.
The use of an electronic version of the account documents fully satisfies any requirement that they be provided to you in writing, and the electronic version of this Agreement is considered to be the true, complete, and enforceable record of our Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents, and you accept as reasonable and proper notice, for the purpose of any laws, rules and regulations, notice by electronic means. You may access and retain a record of the documents you electronically sign through Motorworks Engine Center.com.
You agree that Motorworks Engine Center may provide you with an electronic copy of all documents and communications.
In connection with your use of our website, your Motorworks Engine Center account, or the Services, or in the course of your interactions with Motorworks Engine Center, you agree that you will not:
Much of the information on our website is updated on a real-time basis and is proprietary or is licensed to Motorworks Engine Center by third parties. This website contains robot exclusion headers. You agree that you will not:
You are responsible for all claims, fees, fines, penalties, and other liability incurred by Motorworks Engine Center or any third party caused by or arising out of your breach of this Agreement or your use of the Services. You agree to reimburse Motorworks Engine Center or any third party for any and all such liabilities.
If you engage in any restricted activities, we may take various actions to protect Motorworks Engine Center from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
Contact us if you have any questions or comments about this agreement, your Motorworks Engine Center account or Motorworks Engine Center’s practices, you may contact Customer Service, email us at [email protected] or send us mail at: Motorworks Engine Center, 111 Sunrise Highway, Amityville, NY 11701, USA.
Effect of Arbitration Agreement: This Agreement contains a pre-dispute arbitration agreement. By entering into the arbitration agreement the parties agree as follows:
Motorworks Engine Center and our agents, employees, affiliates, and suppliers provide the Services “as is” and without any warranty or condition, express, implied, or statutory. Motorworks Engine Center and our agents, employees, affiliates, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Motorworks Engine Center does not guarantee continuous, uninterrupted, or secure access to our Services, and the operation of our website may be interfered with by numerous factors outside of our control. In states that do not allow the disclaimer of implied warranties, the disclaimers provided in this Section may not apply to you. This Section gives you specific legal rights and you may also have other legal rights that vary from state to state.
To the fullest extent permitted under applicable law, Motorworks Engine Center makes no representation or warranty, express or implied, with respect to any third party data provided to Motorworks Engine Center or its transmission, timeliness, accuracy, or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Motorworks Engine Center will not be liable in any way to you or to any other person for any inaccuracy, error, or delay in or omission of any third party data or the transmission or delivery of any such third-party data and any loss or damage arising from (i) any such inaccuracy, error, delay or omission, (ii) third-party non-performance, or (iii) interruption in any such third party data due either to any negligent act or omission by Motorworks Engine Center or “force majeure” or any other cause beyond the reasonable control of the Motorworks Engine Center.
You agree to defend, indemnify and hold Motorworks Engine Center and its officers, directors, agents, and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
“Motorworks Engine Center” is a trademark and trade name of Quick Brake, Inc. All page headers, logos, graphics, and icons are protected to the extent allowed under applicable laws. All other designated trademarks and brands are the property of their respective owners. You may not copy, imitate, or use any of Motorworks Engine Center’s intellectual property without its prior written consent.
You may not transfer or assign any rights or obligations that you have under this Agreement without Motorworks Engine Center’s prior written consent. Motorworks Engine Center reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
This Agreement shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against Motorworks Engine Center must be resolved by arbitration in the State of New York.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Motorworks Engine Center may provide notice to you by emailing it to the address listed in your account. Notice shall be considered to be received by you within 24 hours of the time it is emailed to you unless we receive notice that the email was not delivered. Except as otherwise stated, notice to Motorworks Engine Center must be sent by postal mail at: Motorworks Engine Center, 111 Sunrise Highway, Amityville, NY 11701, USA.
We may change this Agreement from time to time, and when we do we will post the amended terms on the Motorworks Engine Center site.