Terms and Conditions

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services may allow users to designate certain builds or vehicles as “For Sale.” Such designations are informational only. ModMenu is not a broker, dealer, agent, or intermediary, and does not facilitate transactions, process payments, verify ownership, pricing, condition, or claims. All communications and transactions occur independently between users and outside of the Services. ModMenu is not responsible for disputes, representations, or transactions between users.

We reserve the right to withdraw or amend this Site and Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You are responsible for:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

It is a condition of your use of the Site that all the information you provide is correct, current, and complete. If you choose or are provided with a username, password, or other security information, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you — you agree not to provide any other person with access using your credentials.

You agree to notify us immediately of any unauthorized access to your username or password or any other breach of security. We have the right to disable any username, password, or identifier at any time in our sole discretion for any or no reason, including if you have violated any provision of these Terms and Conditions.

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos (the “Marks”).

These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, except as follows:

• Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
• You may store files automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your device solely for personal, non-commercial use.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not: modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices.

Trademarks

The Company name and Marks, including MODMENU™ and MM™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any other use of the Services, Content, or Marks, please contact us at: contact@modmenu.net.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

By sending us Submissions through any part of the Services you confirm that you have read and agree with our “Prohibited Activities,” waive any and all moral rights to any such Submission, warrant that any Submission is original to you or that you have the necessary rights to submit it, and warrant that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and expressly agree to reimburse us for any and all losses we may suffer because of your breach of this section, any third party's intellectual property rights, or applicable law.

By using the Services, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity and agree to comply with these Legal Terms.
4. You are not under the age of 13.
5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
6. You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
7. You will not use the Services for any illegal or unauthorized purpose.
8. Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and PayPal.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services, and may limit or cancel quantities purchased per person, per household, or per order at our sole discretion.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including clear gifs, 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.
• Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email.
• Use the Services as part of any effort to compete with us or use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Sell or otherwise transfer your profile.
• Use the Services to solicit or obtain confidential client information from other users.
• Engage in any unlawful, fraudulent, or deceptive activities.
• Distribute or misuse personal information obtained through the platform.
• Attempt to gain unauthorized access to other users' accounts or data.
• Engage in any activity that may compromise the security, integrity, or performance of the platform.
• Share, distribute, or disclose any data obtained from the platform with third parties, unless authorized by ModMenu.
• Impersonate another user or entity or falsely represent an affiliation with any person or organization.
• Provide or upload any harmful or malicious content, including viruses, spyware, or other harmful code.
• Attempt to circumvent or bypass any measures ModMenu uses to monitor or enforce Terms of Service compliance.
• Use automated systems, bots, or scripts to access or scrape data from the platform.
• Interfere with or attempt to interfere with the proper functioning of the platform's billing systems.
• Use the Services to advertise or offer to sell goods and services.

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name or likeness.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

You and Company agree that we may access, store, host, display, distribute, modify for formatting, process, and use any information and personal data that you provide and your choices (including settings).

By submitting content to the Services, users grant ModMenu the right to display, organize, analyze, sublicense, and reuse such content in connection with platform features, including discovery tools, comparisons, recommendations, analytics, and aggregated insights. Users retain ownership of their content, subject to this license.

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.

When posting a review, you must comply with the following criteria:

1. You should have firsthand experience with the person/entity being reviewed.
2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
4. Your reviews should not contain references to illegal activity.
5. You should not be affiliated with competitors if posting negative reviews.
6. You should not make any conclusions as to the legality of conduct.
7. You may not post any false or misleading statements.
8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We may earn commission on transactions between you and the Third-Party Website; however, pricing and availability are not guaranteed.

If you decide to leave the Services and access the Third-Party Websites, you do so at your own risk and should review the applicable terms and policies of any such website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility in relation to such purchases. You shall hold us blameless from any harm caused by your purchase of such products or services.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world, through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

We do not knowingly accept, request, or solicit information from children or knowingly market to children. In accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be entirely performed within the State of North Carolina, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing. Except where otherwise required by applicable AAA rules or applicable law, the arbitration will take place in Raleigh, North Carolina.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

Any location information displayed through the Services (such as state or region) is user-provided, optional, and does not constitute precise geolocation tracking.

a. Categories of User Data Collected

ModMenu may collect and store data including, but not limited to: account and profile information; vehicle information (make, model, year, trim, engine configuration); modification and build data; maintenance and service records; uploaded content (images, documents, receipts, invoices); build classifications and metadata; user-provided demographic attributes; platform usage and interaction data; and derived and inferred data generated from user activity.

b. Public and Private Data Distinction

Users may choose to publish certain information publicly through the Services, including vehicle builds, modification lists, build images, optional general location data (e.g., state), and build tags. Publicly published content may be viewed, searched, filtered, analyzed, referenced, and displayed by other users and visitors. Private or restricted information (including login credentials, payment information, and private account details) is not publicly displayed and is used solely for operational, security, and administrative purposes.

c. Maintenance Records, Receipts, and Proof of Work

ModMenu does not verify, authenticate, endorse, or guarantee the accuracy, legitimacy, or completeness of any user-uploaded documentation. ModMenu expressly disclaims responsibility for inaccuracies, omissions, falsified records, or misrepresentations contained in user-uploaded documentation.

d. Data Processing, Analytics, and Platform Functionality

ModMenu may process user data in order to operate and deliver platform features; generate recommendations, comparisons, and discovery tools; display builds with similar vehicles, parts, or configurations; identify usage trends; improve platform performance and user experience; and develop new products, services, analytics, and features.

e. Aggregated and Anonymized Data

ModMenu may create, use, retain, license, or otherwise make available aggregated and anonymized datasets derived from user data. These datasets do not include personally identifiable information such as names, email addresses, passwords, or payment credentials. Aggregated and anonymized data is owned by ModMenu and may be used internally or made available externally for purposes including industry research and analysis, market insights and reporting, business intelligence, product development, and commercial or strategic analysis.

f. Paid Access to Analytics and Insights

ModMenu may offer access to analytics, reports, dashboards, or datasets derived from aggregated and anonymized user data to third parties, partners, subscribers, or paying customers. Such access will not include personally identifiable information, login credentials, or sensitive account data. By using the Services, users consent to the inclusion of their anonymized data in such analytics and insights.

g. No Sale of Personally Identifiable Credentials

ModMenu does not sell or disclose user passwords, authentication credentials, payment information, or private account identifiers. Personally identifiable data is handled in accordance with the Privacy Policy and applicable law.

h. Data Retention and Deletion

ModMenu retains user data for as long as reasonably necessary to operate the Services, comply with legal obligations, enforce agreements, resolve disputes, and support legitimate business interests. Deletion of a user account does not require deletion of aggregated or anonymized data derived from that user's activity, as such data does not identify any individual.

i. User Acknowledgment

By using the Services, users acknowledge and agree that: data they submit may be processed, analyzed, displayed, and aggregated; publicly shared data may be viewed, referenced, or analyzed by others; aggregated insights may be derived from their activity; and ModMenu operates as a data-driven platform where analytics are a core component of the business model.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify ModMenu at contact@modmenu.net. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic signature or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work that you claim has been infringed.
3. Identification of the material that is claimed to be infringing and where it is located on the Service.
4. Information reasonably sufficient to permit ModMenu to contact you, such as your address, telephone number, and e-mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.