Terms of Use

Welcome to WhipPotion ("WhipPotion," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the WhipPotion website, mobile applications, services, features, products, and related technologies collectively referred to as the "Service."

By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Community Guidelines, and any additional policies incorporated into these Terms by reference.

If you do not agree with these Terms, you must not access or use the Service.

These Terms form a legally binding agreement between you and WhipPotion.

1. About WhipPotion

WhipPotion is an automotive-focused social platform that allows users to create profiles, build digital garages, upload photographs and videos, showcase vehicles, share automotive experiences, interact with other enthusiasts, and participate in a community centered around cars, trucks, motorcycles, and automotive culture.

The Service may evolve over time and may include additional features such as messaging, marketplaces, events, premium memberships, business pages, advertising tools, creator programs, and other products or services.

We reserve the right to modify, suspend, discontinue, restrict, replace, or introduce features of the Service at any time, subject to applicable law.

2. Acceptance of These Terms

By accessing or using WhipPotion, you represent and warrant that:

• You have the legal authority to enter into these Terms.
• You will comply with all applicable laws and regulations.
• You will comply with these Terms and related policies.
• The information you provide to WhipPotion is accurate.
• You are not prohibited from using the Service.

If you access or use the Service on behalf of a company, dealership, club, organization, business, or other legal entity, you represent that you are authorized to bind that entity to these Terms.

3. Eligibility

You must be at least thirteen (13) years old, or the minimum legal age required in your jurisdiction, to create an account or use the Service.

If you are under the age of legal majority where you live, you may only use the Service with the permission and supervision of a parent or legal guardian.

You may not use the Service if:

• You are legally prohibited from using the Service.
• You were previously permanently suspended or removed, unless WhipPotion has expressly authorized your return.
• Your use would violate applicable sanctions, export controls, or other laws.

We reserve the right to refuse registration, restrict access, or terminate accounts that do not meet our eligibility requirements.

4. Your Account

Certain features of the Service require you to create an account. When creating and maintaining an account, you agree to provide accurate, current, and complete information.

You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your account.

You agree that you will:

• Use a strong and secure password.
• Not share your password with unauthorized persons.
• Not allow another person to falsely represent you.
• Keep your email address and account information current.
• Notify WhipPotion promptly if you suspect unauthorized access to your account.

WhipPotion is not responsible for losses resulting from your failure to protect your account credentials, except where responsibility cannot legally be excluded.

You may not create an account using false information, impersonate another person, or create an account for someone else without proper authorization.

5. Usernames and Garage Names

Users may select a username and, where available, a garage name. Usernames and garage names are provided as part of the Service and do not create ownership rights in a particular name.

Usernames and garage names must not:

• Impersonate another person, business, or organization.
• Mislead users about identity, sponsorship, or affiliation.
• Infringe trademarks or other intellectual property rights.
• Contain unlawful, hateful, threatening, or abusive language.
• Be used for fraud, scams, spam, or deceptive activity.
• Be bought, sold, or transferred without our permission.

We may reclaim, remove, modify, or restrict usernames and garage names when reasonably necessary to prevent impersonation, infringement, confusion, inactivity, abuse, or violations of these Terms.

6. Your Content

The Service allows users to upload, publish, transmit, and share content, including:

• Vehicle photographs and videos.
• Captions, comments, replies, and status updates.
• Garage and vehicle information.
• Profile and cover photographs.
• Vehicle specifications and modification details.
• Other content made available through the Service.

Content you submit, upload, publish, or otherwise make available through the Service is referred to as "User Content."

6.1 Ownership of User Content

As between you and WhipPotion, you retain ownership of your User Content, subject to the rights and licenses granted in these Terms.

6.2 License Granted to WhipPotion

By submitting User Content, you grant WhipPotion a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, process, adapt, format, resize, transcode, distribute, display, publish, communicate, and otherwise use your User Content as reasonably necessary to operate, provide, secure, improve, promote, and develop the Service.

This license permits WhipPotion to perform technical activities such as compressing images, generating video previews, creating thumbnails, adapting content for different devices, displaying content in feeds, and promoting public content on or off the Service.

This license does not transfer ownership of your User Content to WhipPotion.

6.3 Your Responsibilities

You represent and warrant that:

• You own your User Content or have all rights and permissions necessary to submit it.
• Your User Content does not infringe copyrights, trademarks, privacy rights, publicity rights, or other rights.
• You have any permission legally required from persons appearing in your User Content.
• Your User Content complies with these Terms and applicable law.
• Your User Content does not contain malicious code or harmful files.

6.4 Removal and Retention

You may delete certain User Content through available account controls. Deleted content may remain temporarily in backups, caches, logs, or systems used for legal, security, fraud-prevention, or operational purposes.

Content shared by others, quoted in discussions, included in reports, or otherwise copied outside the Service may remain available after you delete the original.

7. Community Standards

WhipPotion is intended to support a welcoming and constructive automotive community. You may not upload, publish, promote, or distribute content that:

• Violates any applicable law or regulation.
• Threatens, harasses, bullies, stalks, or intimidates others.
• Promotes violence or credible threats of physical harm.
• Contains unlawful discrimination or hateful conduct.
• Sexually exploits or endangers minors.
• Contains child sexual abuse material.
• Promotes terrorism or violent extremist activity.
• Contains unlawful obscene or pornographic material.
• Promotes self-harm or suicide.
• Facilitates scams, fraud, phishing, or identity theft.
• Contains malware, viruses, or malicious software.
• Infringes intellectual property rights.
• Unlawfully exposes private or confidential information.
• Promotes vehicle theft or trafficking in stolen parts.
• Encourages illegal street racing, reckless driving, or dangerous conduct on public roads.
• Manipulates engagement using bots, fake accounts, coordinated spam, or deceptive interactions.

WhipPotion may remove, restrict, label, reduce the visibility of, or disable access to content that violates these Terms or creates a risk to users, third parties, or the Service.

8. Vehicle Information

Users may provide information about vehicles, builds, modifications, performance, ownership, maintenance, condition, and specifications.

WhipPotion does not independently verify user-submitted vehicle information and does not guarantee that such information is accurate, complete, legal, safe, or current.

Vehicle information may include:

• Year, make, model, trim, and engine information.
• Horsepower, torque, or performance estimates.
• Modification and restoration details.
• Maintenance and repair information.
• Ownership, mileage, condition, or history claims.
• Parts, products, installers, or service providers.

You should independently inspect and verify information before making purchases, repairs, modifications, financial decisions, or safety-related decisions.

Content posted on WhipPotion is not professional mechanical, engineering, legal, financial, or safety advice.

9. Prohibited Conduct

You agree that you will not:

• Access the Service through unauthorized bots, scripts, crawlers, scrapers, or automated systems.
• Collect, scrape, harvest, or sell user information without authorization.
• Attempt to gain unauthorized access to accounts, systems, servers, or networks.
• Circumvent security, access controls, rate limits, or enforcement measures.
• Reverse engineer, decompile, or attempt to extract source code except where legally permitted.
• Upload malicious code, viruses, spyware, ransomware, or harmful files.
• Interfere with or disrupt the operation of the Service.
• Use another person's account without authorization.
• Create accounts to evade a suspension, ban, or other enforcement action.
• Impersonate users, brands, dealerships, manufacturers, clubs, or organizations.
• Send spam, chain messages, or unsolicited promotions.
• Use the Service for unlawful commerce or fraudulent transactions.
• Buy, sell, lease, or transfer accounts without written permission.
• Use WhipPotion branding in a manner that falsely implies endorsement or affiliation.

Violations may result in content removal, feature restrictions, account suspension, permanent termination, preservation of evidence, or referral to law enforcement where appropriate.

10. WhipPotion Intellectual Property

Except for User Content, the Service and all materials made available through it are owned by or licensed to WhipPotion and are protected by copyright, trademark, trade dress, patent, database, and other intellectual property laws.

WhipPotion intellectual property includes, without limitation:

• The WhipPotion name, logo, potion bottle design, and branding.
• The design, layout, appearance, and organization of the Service.
• Software, source code, object code, databases, and technology.
• Graphics, icons, interfaces, animations, and visual elements.
• Original text, documentation, promotional materials, and artwork.
• Features, functionality, compilations, and selection of content.

Subject to your compliance with these Terms, WhipPotion grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service for its intended purposes.

This license does not permit you to:

• Copy, reproduce, distribute, sell, or commercially exploit the Service.
• Modify, translate, or create derivative works from the Service.
• Remove copyright, trademark, or proprietary notices.
• Use WhipPotion branding without prior written permission.
• Frame, mirror, or reproduce substantial portions of the Service.
• Use the Service to build or train a competing product or database.

No rights are granted to you by implication, estoppel, or otherwise except as expressly stated in these Terms.

11. Feedback and Suggestions

You may voluntarily provide WhipPotion with ideas, recommendations, comments, designs, concepts, feature requests, or other feedback regarding the Service.

By submitting feedback, you acknowledge that:

• Your feedback is provided voluntarily and without restriction.
• WhipPotion is not required to compensate or credit you.
• WhipPotion is not required to keep your feedback confidential.
• WhipPotion may use, modify, develop, publish, commercialize, or incorporate your feedback for any lawful purpose.
• WhipPotion may already be developing ideas or features similar to those contained in your feedback.

You grant WhipPotion a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use and exploit feedback without obligation to you.

12. Copyright and Intellectual Property Complaints

WhipPotion respects the intellectual property rights of others and expects users to do the same.

You may not upload, publish, display, distribute, or otherwise use photographs, videos, music, artwork, logos, graphics, written material, or other content unless you own the content or have permission to use it.

WhipPotion may remove or restrict access to content that we reasonably believe infringes intellectual property rights. We may also suspend or terminate accounts belonging to users who repeatedly infringe the rights of others.

12.1 Copyright Infringement Notices

A copyright owner or an authorized representative who believes content available through WhipPotion infringes a copyright may submit a written notice containing:

• Identification of the copyrighted work claimed to have been infringed.
• Identification and location of the allegedly infringing material, including the relevant WhipPotion URL where available.
• The reporting party's name, mailing address, telephone number, and email address.
• A statement that the reporting party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that the reporting party is authorized to act on behalf of the copyright owner.
• A physical or electronic signature of the copyright owner or the owner's authorized representative.

Copyright notices should be sent to WhipPotion's designated copyright contact:

Do not publish this contact block with placeholders. Insert valid contact information before launching the Service.

12.2 Counter-Notifications

If content you submitted was removed or disabled because of a copyright complaint and you believe the removal resulted from a mistake or misidentification, you may submit a counter-notification containing:

• Your physical or electronic signature.
• Identification of the material that was removed or disabled and its location before removal.
• A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.
• Your name, address, telephone number, and email address.
• A statement consenting to the jurisdiction required under applicable law and agreeing to accept service of process from the person who submitted the original complaint or that person's agent.

WhipPotion may restore the affected material when permitted by law unless the original complainant informs us that legal action has been filed seeking to restrain the allegedly infringing activity.

12.3 Misrepresentations

Knowingly submitting a false, fraudulent, or materially misleading copyright notice or counter-notification may result in legal liability, account restrictions, or termination.

WhipPotion may forward notices, counter-notifications, and related communications to the affected user, the complaining party, legal advisers, service providers, or authorities when appropriate.

13. Trademark Complaints

WhipPotion may investigate complaints alleging unauthorized use of trademarks, service marks, trade names, logos, or other brand identifiers.

A trademark complaint should include:

• The complainant's full name and contact information.
• Identification of the trademark owner.
• The jurisdiction and registration number, if registered.
• A description of the trademarked goods or services.
• The URL or location of the allegedly infringing material.
• An explanation of how the use creates infringement or confusion.
• A statement that the complaint is accurate and submitted in good faith.
• Confirmation that the complainant is the rights holder or is authorized to act on the rights holder's behalf.

WhipPotion may request additional information before acting on a trademark complaint. We do not adjudicate complex trademark disputes and may require the parties to resolve such disputes through the appropriate legal process.

14. Content Moderation and Enforcement

WhipPotion may review, monitor, investigate, restrict, label, remove, preserve, or disclose content when we reasonably believe doing so is necessary to:

• Enforce these Terms or other WhipPotion policies.
• Protect users, WhipPotion, or third parties from harm.
• Respond to reports, complaints, or suspected misconduct.
• Prevent fraud, abuse, spam, or security threats.
• Comply with legal obligations or valid governmental requests.
• Maintain the availability, integrity, and reputation of the Service.

Moderation decisions may be made through human review, automated systems, technical signals, user reports, or a combination of these methods.

WhipPotion is not obligated to monitor every account, post, photograph, video, comment, message, or other item of content. The presence of content on the Service does not mean WhipPotion approves, endorses, or has verified it.

We may take enforcement action based on the nature of the violation, its severity, the surrounding context, prior violations, risk to the community, and applicable law.

Enforcement actions may include:

• Issuing a warning.
• Removing or restricting content.
• Reducing content visibility or distribution.
• Disabling comments, uploads, messaging, or other features.
• Temporarily locking or suspending an account.
• Permanently terminating an account.
• Restricting devices, email addresses, or network access.
• Preserving information relating to suspected misconduct.
• Referring matters to law enforcement or other authorities.

WhipPotion may act without advance notice when we believe immediate action is necessary to protect users, preserve evidence, secure the Service, comply with law, or prevent continued violations.

15. Reporting Content and Conduct

Users may report content or conduct they reasonably believe violates these Terms, our Community Guidelines, or applicable law.

Reports should be truthful, complete, and submitted in good faith. Knowingly submitting false reports, coordinating abusive reports, or repeatedly using reporting systems to harass another user is prohibited.

Submitting a report does not guarantee that content will be removed or that an account will be suspended. WhipPotion retains discretion to determine whether a violation occurred and what response is appropriate.

For privacy, safety, and security reasons, WhipPotion may not disclose all details of an investigation, enforcement decision, or action taken against another user.

In emergencies involving an immediate threat of death or serious physical harm, contact local emergency services before submitting a report to WhipPotion.

16. Account Suspension and Termination

You may stop using the Service at any time. Where account-deletion controls are available, you may request deletion through your account settings or by contacting WhipPotion.

WhipPotion may suspend, restrict, disable, or terminate your account or access to any part of the Service if:

• You violate these Terms or another WhipPotion policy.
• Your conduct creates legal, safety, security, or reputational risk.
• Your account is involved in fraud, spam, abuse, or unlawful activity.
• You repeatedly infringe intellectual property rights.
• You attempt to evade a previous suspension or termination.
• We are required to act by law, regulation, or legal process.
• The Service or relevant feature is discontinued.
• Your account remains inactive for an extended period.

Depending on the circumstances, WhipPotion may provide notice or an opportunity to appeal. We are not required to provide advance notice when doing so would create risk, interfere with an investigation, or conflict with applicable law.

16.1 Effect of Termination

Upon termination, your authorization to access and use the Service immediately ends. You must not attempt to access the Service through another account without WhipPotion's written permission.

Termination does not eliminate obligations or liabilities that arose before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, licenses already granted, disclaimers, limitations of liability, indemnification, dispute resolution, and enforcement.

16.2 Content Following Termination

Following account deletion or termination, some information may remain in backups, security records, transaction records, legal files, content shared with other users, or systems where retention is reasonably necessary.

WhipPotion is not responsible for maintaining or providing copies of User Content after an account has been deleted or terminated, except where required by applicable law.

17. Privacy and Data Practices

Your use of the Service is also governed by the WhipPotion Privacy Policy, which explains how we collect, use, disclose, retain, and protect information.

By using the Service, you acknowledge that WhipPotion may process information as described in the Privacy Policy and as reasonably necessary to:

• Create and maintain user accounts.
• Provide profiles, garages, posts, comments, follows, and feeds.
• Personalize and improve the Service.
• Maintain safety, security, and platform integrity.
• Prevent fraud, spam, abuse, and unauthorized access.
• Measure performance and understand Service usage.
• Communicate with users regarding accounts and features.
• Comply with applicable legal obligations.

Some information you choose to publish may be publicly visible, searchable, shareable, and accessible by persons who do not have a WhipPotion account.

Depending on your settings and use of the Service, public information may include your username, garage name, profile photograph, cover photograph, biography, location, website, vehicles, posts, comments, likes, follower information, and other activity.

You should not publish information that you do not want other users or members of the public to access.

18. Electronic Communications

By creating an account or providing contact information, you consent to receive electronic communications from WhipPotion regarding the Service.

These communications may include:

• Account-verification messages.
• Password-reset and security notifications.
• Policy, legal, or administrative notices.
• Notifications concerning activity on your account.
• Service updates, feature announcements, and support responses.
• Promotional communications where permitted by law.

You may be able to manage certain communications through your account settings or by using the unsubscribe instructions included in an applicable message.

You may not opt out of communications that are reasonably necessary to provide the Service, protect your account, enforce these Terms, or satisfy legal obligations.

You agree that notices, disclosures, agreements, and other communications provided electronically may satisfy legal requirements that such communications be in writing, to the extent permitted by applicable law.

19. Third-Party Services and Links

The Service may contain links to, integrations with, or content from third-party websites, applications, payment providers, advertisers, social networks, mapping providers, video services, analytics providers, dealerships, parts suppliers, repair facilities, or other third parties.

WhipPotion does not control and is not responsible for third-party services, including their:

• Content, products, services, or availability.
• Privacy, security, or data-handling practices.
• Accuracy, legality, reliability, or quality.
• Terms, policies, warranties, or representations.
• Transactions or communications with users.

Your use of a third-party service is governed by the terms and policies of that third party. You are responsible for reviewing those terms before using the third-party service.

The inclusion of a link, integration, advertisement, or reference does not mean that WhipPotion endorses, sponsors, controls, or guarantees the applicable third party.

WhipPotion is not responsible for losses or damages arising from your dealings with third parties, except where liability cannot legally be excluded.

20. Advertising, Promotions, and Sponsored Content

WhipPotion may display advertisements, sponsored posts, promoted content, affiliate links, product placements, brand partnerships, or other commercial materials.

Advertisers and sponsors are responsible for ensuring that their materials, offers, products, services, disclosures, and claims comply with applicable law.

WhipPotion does not guarantee the quality, accuracy, safety, legality, availability, or performance of any advertised product or service.

Any transaction, communication, dispute, or relationship between you and an advertiser or sponsor is primarily between you and that third party.

20.1 User Endorsements and Commercial Content

Users who post content in exchange for money, discounts, free products, services, sponsorship, affiliate commissions, or another benefit are responsible for clearly disclosing that relationship where required by law.

Commercial disclosures should be clear, noticeable, and presented in a manner that an ordinary user can understand.

WhipPotion may label, restrict, or remove commercial content that is deceptive, insufficiently disclosed, unlawful, or inconsistent with our policies.

21. Purchases, Paid Features, and Future Commerce Services

WhipPotion may introduce paid products or services, including premium memberships, subscriptions, boosts, advertisements, digital features, event access, marketplace tools, business accounts, creator tools, or other offerings.

Additional terms, pricing, refund rules, billing terms, or eligibility requirements may apply to paid features. Those additional terms will become part of these Terms when you use the applicable feature.

21.1 Pricing and Payment

You agree to pay all charges shown to you before completing a purchase, together with applicable taxes, processing fees, or other disclosed charges.

You represent that you are authorized to use the payment method submitted for a transaction.

WhipPotion may use third-party payment processors. Payment information may therefore be processed according to the processor's terms and privacy practices.

21.2 Subscriptions

If WhipPotion offers a recurring subscription, the purchase page will describe the billing period, price, renewal terms, cancellation procedure, and any applicable trial period.

Unless otherwise disclosed, a subscription may automatically renew until canceled. You are responsible for canceling before the renewal date to avoid the next recurring charge.

21.3 Refunds

Refund eligibility will be governed by the refund policy presented at the time of purchase, any applicable additional terms, and applicable law.

Digital services that have already been used, delivered, consumed, or activated may be nonrefundable where permitted by law.

21.4 Marketplace Transactions

If WhipPotion introduces a marketplace or listing feature, users may be able to advertise vehicles, parts, services, merchandise, event tickets, or other items.

Unless WhipPotion expressly identifies itself as the seller, WhipPotion will not be a party to transactions between users.

Users will be solely responsible for:

• Verifying identities and ownership.
• Inspecting vehicles, parts, or products.
• Determining condition, authenticity, and legality.
• Negotiating prices and transaction terms.
• Arranging payment, delivery, shipping, or pickup.
• Obtaining titles, registrations, permits, or required documents.
• Paying applicable taxes, fees, and expenses.
• Complying with consumer, vehicle, and commercial laws.

WhipPotion does not guarantee that a buyer or seller will complete a transaction or that a listing is accurate, legitimate, safe, or free from defects.

22. Automotive and Safety Disclaimer

Content available through WhipPotion may discuss vehicle repairs, modifications, fabrication, tuning, racing, towing, hauling, maintenance, electrical systems, fuel systems, suspension, brakes, tires, performance upgrades, and other automotive activities.

This content is provided by users for general informational, entertainment, and community purposes.

WhipPotion does not represent that user-submitted automotive information is accurate, complete, safe, lawful, or suitable for your vehicle.

Vehicle work can involve serious risks, including property damage, fire, mechanical failure, loss of vehicle control, bodily injury, or death.

Before acting on automotive information obtained through the Service, you should:

• Consult qualified professionals when appropriate.
• Review the vehicle manufacturer's instructions and warnings.
• Use proper tools, safety equipment, and procedures.
• Confirm that modifications comply with applicable law.
• Avoid operating an unsafe or improperly modified vehicle.
• Use racetracks or controlled environments for competition activity.

You assume responsibility for decisions you make based on content found through the Service.

23. Service Availability and Changes

WhipPotion does not guarantee that the Service will always be available, uninterrupted, secure, or error-free.

The Service may be unavailable or impaired because of:

• Scheduled or emergency maintenance.
• Software defects or technical failures.
• Internet, hosting, network, or power interruptions.
• Security incidents, attacks, or unauthorized activity.
• Third-party service failures.
• Legal, regulatory, or operational requirements.
• Events beyond WhipPotion's reasonable control.

WhipPotion may add, modify, restrict, suspend, or discontinue any feature, functionality, content category, or part of the Service.

We are not obligated to maintain compatibility with any particular device, operating system, browser, integration, software version, or third-party service.

You are responsible for maintaining backup copies of content that is important to you. WhipPotion should not be used as your sole storage location for photographs, videos, vehicle records, or other data.

24. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WHIPPOTION DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

Without limiting the foregoing, WhipPotion does not warrant that:

• The Service will meet your expectations or requirements.
• The Service will be uninterrupted, secure, or error-free.
• Content will be accurate, complete, reliable, or current.
• Defects, errors, or vulnerabilities will be corrected.
• User Content will remain available or will not be lost.
• Users are who they claim to be.
• Vehicles, products, modifications, or services are safe or lawful.
• Third-party transactions will be completed successfully.

No advice or information obtained from WhipPotion or through the Service creates a warranty unless expressly stated in a written agreement signed by an authorized WhipPotion representative.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, these exclusions apply only to the extent permitted by law.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHIPPOTION AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

This limitation includes damages arising from or relating to:

• Loss of profits, revenue, business, or opportunities.
• Loss, corruption, or unauthorized disclosure of data.
• Loss of goodwill or reputation.
• Vehicle damage, mechanical failure, or diminished value.
• Bodily injury or property damage caused by user conduct.
• Reliance on user-generated automotive information.
• User Content, communications, listings, or transactions.
• Unauthorized access to or use of your account.
• Service interruptions, errors, or unavailability.
• Third-party products, services, links, or conduct.

These limitations apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, statute, or otherwise, even if WhipPotion was advised that damages were possible.

To the maximum extent permitted by applicable law, WhipPotion's total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of:

• The amount you paid directly to WhipPotion during the six months preceding the event giving rise to the claim; or
• One hundred United States dollars ($100.00).

Some jurisdictions do not permit certain limitations or exclusions of liability. In those jurisdictions, WhipPotion's liability will be limited to the fullest extent permitted by applicable law.

26. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless WhipPotion and its owners, officers, directors, employees, contractors, representatives, affiliates, licensors, and service providers from and against claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

• Your access to or use of the Service.
• Your User Content.
• Your violation of these Terms or another WhipPotion policy.
• Your violation of applicable law.
• Your infringement of another person's rights.
• Your automotive advice, modifications, activities, or conduct.
• Your transactions or disputes with another user or third party.
• Your fraud, negligence, misconduct, or unlawful activity.

WhipPotion reserves the right to assume control of the defense of any matter subject to indemnification. If we do so, you agree to cooperate with the defense and not settle the matter without our prior written consent.

27. Governing Law

These Terms, your access to and use of the Service, and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law principles.

Nothing in these Terms limits any consumer rights that cannot be waived under applicable law.

28. Dispute Resolution

We encourage users to contact WhipPotion first so that we may attempt to resolve disputes informally before legal action is pursued.

If a dispute cannot be resolved informally, either party may pursue remedies available under applicable law.

Unless prohibited by applicable law, any legal proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in the Commonwealth of Kentucky, and you consent to the personal jurisdiction of those courts.

To the fullest extent permitted by law, you and WhipPotion each waive any right to a jury trial in connection with disputes arising under these Terms.

If you intend to include a mandatory arbitration agreement or class action waiver, consult legal counsel before publishing these Terms, as additional language and legal requirements may apply.

29. Force Majeure

WhipPotion shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including natural disasters, acts of God, fire, flood, war, terrorism, labor disputes, internet outages, cyberattacks, utility failures, governmental actions, epidemics, pandemics, or failures of third-party service providers.

30. Assignment

You may not assign or transfer your rights or obligations under these Terms without WhipPotion's prior written consent.

WhipPotion may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, financing, corporate reorganization, or operation of law.

31. Severability

If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

32. No Waiver

Failure by WhipPotion to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of WhipPotion.

33. Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, Copyright Policy, and any additional terms that apply to specific features of the Service, constitute the entire agreement between you and WhipPotion regarding your use of the Service and supersede all prior agreements, understandings, or representations relating to the Service.

34. Changes to These Terms

WhipPotion may modify these Terms from time to time to reflect changes in the Service, technology, legal requirements, or business practices.

When material changes are made, we may provide notice through the Service, by email, or by other reasonable means.

The "Effective Date" at the top of these Terms indicates when the most recent version became effective.

Your continued use of the Service after revised Terms become effective constitutes your acceptance of those revised Terms.

If you do not agree with the updated Terms, you must stop using the Service.

35. Contact Information

Questions regarding these Terms, legal notices, or other matters may be directed to WhipPotion using the contact information below.

Acknowledgement

BY ACCESSING OR USING WHIPPOTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.

THANK YOU FOR BEING A PART OF THE WHIPPOTION COMMUNITY AND FOR HELPING US BUILD A POSITIVE PLACE FOR AUTOMOTIVE ENTHUSIASTS AROUND THE WORLD.