Terms of Use
These Terms of Use ("Terms") govern your access to and use of HeavyDutyJournal.com, the leading digital publication for heavy equipment industry professionals. By accessing or using our site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use our services.
1. Acceptance & Eligibility
- Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction
- Authority: You represent that you have the legal authority to agree to these Terms on your own behalf or on behalf of your organization
- Business Use: If using our services for business purposes, you confirm you have authority to bind your company to these Terms
- Compliance: You are responsible for compliance with applicable laws in your jurisdiction
2. User Accounts & Registration
Account Security
- Accurate Information: You must provide accurate, current, and complete information during registration
- Credential Confidentiality: You are responsible for maintaining the confidentiality of your account credentials
- Unauthorized Access: You must notify us immediately of any unauthorized access to your account
- Single Account: You may only maintain one active account unless explicitly authorized
Account Responsibilities
- Activity Monitoring: You are responsible for all activities occurring under your account
- Information Updates: You must promptly update account information when changes occur
- Professional Standards: Accounts must be used in accordance with professional standards
3. Contributor Submissions
Submission Process
- Approved Channels: Content may only be submitted through approved submission forms and processes
- Editorial Review: All submissions are subject to editorial review and approval before publication
- No Publication Guarantee: Submission does not guarantee acceptance or publication
- Response Timeframes: We aim to respond to submissions within 5-10 business days
Content Requirements
- Original Content: All content must be original work or properly attributed
- Industry Relevance: Content must be directly relevant to our audience
- Accuracy Standards: Information must be accurate, properly researched, and verified
- Publication Standards: Content must meet professional publication standards
Content Responsibility
- Accuracy: You are responsible for the accuracy and completeness of submitted content
- Legal Compliance: Content must comply with applicable laws and regulations
- Rights Clearance: You must have all necessary rights to submitted materials
- Fact Verification: Claims and statistics must be verifiable
4. Content License Rights
License Grant: By submitting Content, you grant HeavyDutyJournal.com a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:
- Publication Rights: Host, store, reproduce, adapt, publish, and display your content across our platforms
- Distribution: Distribute and promote your content through our networks and affiliated channels
- Modification: Edit, format, optimize, and update content for publication standards
- Syndication: Share content through newsletters, social media, and partner publications
- Archive Rights: Maintain permanent archives of published content
Professional Attribution
- Author Credit: Published content will include appropriate author attribution
- Bio Information: Author bios and contact information may be included with articles
- Profile Pages: Author profiles may be created to showcase published work
5. Prohibited Conduct
Content Violations
- Illegal Content: Content promoting illegal activities or unsafe practices
- Defamation: False, misleading, or defamatory statements
- Safety Violations: Unsafe advice that could lead to injury or damage
- Plagiarism: Copying content without proper attribution
- Confidential Information: Disclosure of confidential or proprietary information
Technical Violations
- Malware Distribution: Uploading or linking to malicious software
- System Interference: Attempts to disrupt, damage, or impair functionality
- Unauthorized Access: Attempting to access restricted areas or other users' accounts
- Data Scraping: Automated extraction of content or data
Commercial Violations
- Undisclosed Advertising: Promotional content not clearly identified as sponsored
- Spam: Excessive or repetitive promotional messaging
- Deceptive Practices: Misleading endorsements or fake testimonials
- Competing Services: Using our platform to directly compete with our services
6. Editorial Review & Standards
Editorial Authority
- Content Review: All submitted content undergoes editorial review for quality, accuracy, and relevance
- Editing Rights: We may edit, format, or modify content to meet publication standards
- Rejection Authority: We may decline content that doesn't meet our editorial guidelines
- Content Removal: Published content may be removed if it violates policies or legal requirements
Quality Standards
- Relevance: Content must provide value to our professional audience
- Accuracy: Information must be current, properly researched, and verified
- Quality: Content must meet professional writing and presentation standards
- Attribution: Proper citations and references must be included
7. Advertising & Sponsored Content
Advertising Standards
- Clear Labeling: All paid placements and sponsored articles are clearly labeled as advertising
- FTC Compliance: Advertising content complies with FTC guidelines and disclosure requirements
- Editorial Approval: All advertising content must receive final editorial approval
- Relevance: Advertising must be relevant to our professional audience
Advertiser Responsibilities
- Lawful Content: Advertisers must provide lawful, accurate, and non-misleading content
- Rights Clearance: Advertisers must have all necessary rights to submitted materials
- Compliant Landing Pages: Advertiser websites must comply with applicable regulations
- Performance Claims: Any performance claims must be substantiated with data
8. Payments & Billing
Payment Processing
- Secure Processing: All payments are processed through secure third-party payment processors
- Accepted Methods: We accept major credit cards and other payment methods as displayed
- Currency: All prices are in US Dollars (USD) unless otherwise specified
- Tax Responsibility: You are responsible for any applicable taxes based on your location
Billing Terms
- Recurring Billing: Some services may involve recurring charges as described during purchase
- Cancellation: Cancellation terms vary by service type and are specified during purchase
- Refunds: Refund policies are detailed in our separate Refund Policy
- Price Changes: We reserve the right to change prices with advance notice
Non-Payment
- Service Suspension: Non-payment may result in suspension of services
- Collection: Unpaid amounts may be sent to collections
- Legal Action: We reserve the right to pursue legal remedies for non-payment
9. Intellectual Property Rights
Our Intellectual Property
- Trademark Protection: "HeavyDutyJournal.com" and associated logos are protected trademarks
- Copyright: All site design, text, graphics, interfaces, and selection/arrangement are copyrighted
- Restricted Use: You may not use our trademarks, trade dress, or copyrighted materials without permission
- No Implied License: These Terms do not grant you any right to use HeavyDutyJournal.com's intellectual property
Your Intellectual Property
- Ownership Retained: You retain ownership of content you create and submit
- License Grant: You grant us a license as described in Section 4
- No Transfer: Submitting content does not transfer ownership to us
- Your Responsibility: You are responsible for protecting your own intellectual property rights
10. Copyright Protection (DMCA)
DMCA Compliance
- Copyright Respect: HeavyDutyJournal.com respects intellectual property rights of others
- Infringement Policy: We will respond to valid copyright infringement notices
- Repeat Infringers: Accounts of repeat infringers may be terminated
Filing a DMCA Notice
To file a copyright infringement notice, send to support@heavydutyjournal.com with:
- Identification: Description of copyrighted work claimed to be infringed
- Location: URL or specific location of infringing material
- Contact Info: Your name, address, phone, and email
- Good Faith Statement: Statement that use is not authorized by copyright owner
- Accuracy Statement: Statement that information is accurate under penalty of perjury
- Signature: Physical or electronic signature of copyright owner or authorized agent
Counter-Notification
- Right to Respond: If your content is removed, you may file a counter-notification
- Requirements: Counter-notifications must meet DMCA statutory requirements
- Restoration: Content may be restored after proper counter-notification procedures
11. Privacy & Data Protection
- Privacy Policy: Use of our services is also governed by our Privacy Policy
- Data Collection: We collect and process data as described in our Privacy Policy
- GDPR/CCPA Compliance: We comply with applicable data protection regulations
- Your Rights: You have rights regarding your personal data as detailed in our Privacy Policy
- Security: We implement reasonable security measures to protect your information
12. Third-Party Links & Services
External Links
- Third-Party Sites: HeavyDutyJournal.com may contain links to third-party websites
- No Endorsement: Links do not constitute endorsement of third-party sites or services
- No Responsibility: We are not responsible for content, accuracy, or practices of third-party sites
- Use at Own Risk: You access third-party sites at your own risk
Third-Party Services
- Independent Providers: Some features may use third-party service providers
- Separate Terms: Third-party services may have their own terms and privacy policies
- No Warranties: We make no warranties about third-party services
13. Disclaimers & Warranties
Disclaimer of Warranties
- No Warranty of Accuracy: We do not warrant that content is accurate, complete, reliable, current, or error-free
- No Warranty of Availability: We do not guarantee uninterrupted or secure access to services
- No Warranty of Fitness: We disclaim all warranties of merchantability, fitness for particular purpose, and non-infringement
- Content Reliance: Any reliance on content is at your own risk
Professional Advice Disclaimer
- Not Professional Advice: Content is for informational purposes only and does not constitute professional advice
- No Professional Relationship: Use of our services does not create any professional-client relationship
- Consult Professionals: Always consult qualified professionals for specific situations
14. Limitation of Liability
Limitation of Damages
- No Consequential Damages: We are not liable for indirect, incidental, special, or consequential damages
- No Lost Profits: We are not liable for lost profits, revenues, data, or business opportunities
- Maximum Liability: Our total liability shall not exceed the greater of $100 or amounts you paid us in the 12 months before the claim
- Basis of Bargain: These limitations reflect the allocation of risk between parties
Exceptions
- Jurisdictional Limits: Some jurisdictions do not allow certain limitations; these may not apply to you
- Minimum Rights: Nothing limits liability that cannot be excluded by law
15. Indemnification
Indemnification Obligation: You agree to indemnify, defend, and hold harmless HeavyDutyJournal.com, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your Content: Any content you submit, post, or transmit through our services
- Terms Violation: Your violation of these Terms or any applicable law
- Rights Infringement: Your infringement of any intellectual property or other rights of any person or entity
- Harmful Conduct: Any harmful, unlawful, or tortious conduct related to your use of our services
Defense and Settlement
- Control of Defense: We reserve the right to assume exclusive defense and control of any matter subject to indemnification
- Your Cooperation: You agree to cooperate with our defense of such claims
- No Settlement Without Consent: You may not settle any claim without our prior written consent
16. Account Termination
Termination by You
- Account Closure: You may close your account at any time by contacting us
- Cancellation Terms: Cancellation of paid services is subject to our Refund Policy
- Data Retention: Some data may be retained as required by law or for legitimate business purposes
Termination by Us
- Right to Terminate: We may suspend or terminate your account at any time for any reason
- Violations: We may immediately terminate accounts that violate these Terms
- Notice: We will provide notice when reasonably possible, but immediate termination may occur
- No Liability: We are not liable for any consequences of account termination
Effects of Termination
- Access Loss: Upon termination, you lose access to your account and associated content
- Published Content: Content already published may remain on our site per our license rights
- Survival: Provisions that should survive termination will continue to apply
17. Dispute Resolution & Arbitration
Binding Arbitration
- Arbitration Requirement: Most disputes must be resolved through binding arbitration
- No Class Actions: You waive any right to participate in class action lawsuits or class-wide arbitration
- Individual Basis: All claims must be brought in individual capacity, not as class member
- Arbitration Rules: Arbitration will be conducted under applicable arbitration rules
Exceptions to Arbitration
- Small Claims Court: Either party may bring individual claims in small claims court
- Injunctive Relief: Either party may seek injunctive relief in court for intellectual property matters
Opt-Out Right
- 30-Day Opt-Out: You may opt out of arbitration within 30 days of agreeing to these Terms
- Opt-Out Method: Send written notice to support@heavydutyjournal.com with your name and opt-out statement
- Effect of Opt-Out: If you opt out, neither party can require arbitration
18. Governing Law & Venue
Governing Law
- Florida Law: These Terms are governed by the laws of the State of Florida, USA
- Federal Law: Federal law applies where applicable
- Conflicts of Law: Florida law applies without regard to conflicts of law principles
- International Use: If accessing from outside the US, you do so at your own risk and are responsible for compliance with local laws
Venue and Jurisdiction
- Exclusive Venue: Any litigation must be brought in state or federal courts located in Florida
- Consent to Jurisdiction: You consent to the personal jurisdiction of Florida courts
- Waiver: You waive any objection to venue in Florida courts
19. Miscellaneous Provisions
Entire Agreement
- Complete Terms: These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement
- Supersedes: These Terms supersede all prior agreements or understandings
Severability
- Invalid Provisions: If any provision is found invalid, the remaining provisions continue in effect
- Intent Preservation: Invalid provisions will be modified to reflect the parties' intent to the maximum extent permitted
Waiver
- No Waiver: Our failure to enforce any right or provision is not a waiver of that right
- Continuing Rights: All rights and obligations survive any waiver
Assignment
- No User Assignment: You may not assign or transfer these Terms without our written consent
- Our Assignment: We may assign these Terms without restriction
Force Majeure
- Excused Performance: Neither party is liable for delays due to circumstances beyond reasonable control
- Examples: Including natural disasters, wars, strikes, government actions, internet failures
20. Terms Updates & Modifications
Right to Modify
- Update Authority: We reserve the right to modify these Terms at any time
- Effective Date: Changes become effective when we post the revised Terms
- Notice: We will update the "Last Updated" date at the top of these Terms
- Notification: For material changes, we may provide additional notice via email or site notification
Acceptance of Changes
- Continued Use: Your continued use of services after changes constitutes acceptance
- Disagreement: If you disagree with changes, you must stop using our services
- Review Responsibility: You are responsible for regularly reviewing these Terms
21. Contact Information
General Inquiries
- Email: support@heavydutyjournal.com
- Contact Form: Available on our Contact page
- Response Time: We aim to respond within 24-48 hours
- Business Hours: Monday-Friday, 9:00 AM - 5:00 PM EST
Legal Notices
- Legal Correspondence: support@heavydutyjournal.com
- DMCA Notices: Send to support@heavydutyjournal.com with "DMCA" in subject line
- Formal Service: Legal service of process should be directed to our registered agent
Business Information
- Service Name: HeavyDutyJournal.com
- Website: https://heavydutyjournal.com
- Jurisdiction: Florida, United States
HeavyDutyJournal.com Terms of Use
These Terms are effective as of September 22, 2025, and supersede all previous versions.
For questions about these Terms, contact support@heavydutyjournal.com
