Code injection header

Analysis of:

"Page 9 - Conclusion"

Screenshots of original publication


Reference 9.1
Statement by Kevin Pugh:

"I made a lot of effort to nip this in the ass before the snow ball started back in November."

Reference 9.1 (Direct Link):


Analysis:

Cullen Mariacher and Kevin Pugh have communicated via email, telephone, and text message on a recurring basis since 2010 (Reference #2.9). Through this correspondence, they maintained a working relationship between mazdaspeedforums.org and SURE Motorsports up until the time of Kevin Pugh's publication.

Evidence:
1. Text messages between Cullen Mariacher and Kevin Pugh.

Beginning in 2010, SURE Motorsports worked with Kevin Pugh to provide a presence on mazdaspeedforums.org. SURE Motorsports appointed two company representatives (usernames: Stealth01 and Swampthigger) to communicate with users via the forum.


Reference 9.2
Statement by Kevin Pugh:

"Its my community, therefore, i am responsible for what any vendor does to my members."

Reference 9.2 (Direct Link):


Analysis:

Kevin Pugh, owner and moderator of mazdaspeedforums.org, claims responsibility for interactions between vendors and members.


Reference 9.3
Statement by Kevin Pugh:

"I reached out to Cullen […]"

Reference 9.3 (Direct Link):


Analysis:

Cullen Mariacher and Kevin Pugh have communicated via email, telephone, and text message on a recurring basis since 2010 (Reference #2.9). Through this correspondence, they maintained a working relationship between mazdaspeedforums.org and SURE Motorsports up until the time of Kevin Pugh's publication.

The related section from Cullen Mariacher’s cell phone and text message records are disclosed below.

- 8/3/2012, 2:00 pm – Incoming call from Kevin Pugh. Duration: 130 minutes.

- 9/28/2012, 4:15 pm – Incoming call from Kevin Pugh. Duration: 32 minutes.

- 2/26/2013, 2:33 pm – Outgoing call to Kevin Pugh. Unanswered.

- 2/26/2013, 2:35 pm – Text from Cullen Mariacher: “Hey Kevin. Can you give me a ring when your free?”

Note: at 7:30 pm on 2/26/2013, Cullen Mariacher attended a Buffalo Sabres hockey game, an anniversary gift.

 

Evidence:
1. Tickets for hockey game (Instagram)
2. Tweet about hockey game tickets (Twitter)

- 2/26/2013 (exact time unknown, assumed to be prior to 7:44 pm) - Missed call from Kevin Pugh (note that phone records do not indicate missed calls).

 

Evidence:
3. Cullen Mariacher's phone log (2/26/2013)

Note: Phone records show that no calls were answered or made after 5:11 pm. 

- 2/26/2013, 7:44 pm – Text from Kevin Pugh: “Tried calling, no answer. What the hell is going on over there man?”

- 2/26/2013, 9:54 pm – Text from Kevin Pugh: “You need to deal with this straight on. These guys will ruin any business for su/sure if you leave it like this. You owe me the respect to tell me what the hell is going on”

- 2/27/2013, 7:28 pm – Text from Cullen Mariacher: “Morning. Working nonstop!”

- 2/27/2013, 7:28 pm – Text from Cullen Mariacher: “Lmk when your free”

- 2/27/2013, 3:16 pm – Text from Cullen Mariacher: Screenshot of SURE Motorsports ban notice on mazdaspeedforums.org. Content: “You have been banned for the following reason: **** SURE!! Date the ban will be lifted: Never” (edited for profanity)

- 2/27/2013, 3:16 pm – Text from Cullen Mariacher: “Ryan just got this.”

- 2/27/2013, 3:17 pm – Text from Kevin Pugh: “I told you **** is going to get bad, each day” (edited for profanity)

- 2/27/2013, 3:18 pm – Text from Cullen Mariacher: “Real professional”

- 2/27/2013, 3:16 pm – Text from Kevin Pugh: “Professional isn’t ignoring affected customers on the largest forum for your brand. You ****** me good with violating my trust by taking care of my community Cullen” (edited for profanity)

- 2/27/2013, 3:22 pm – Text from Cullen Mariacher: “You are 100% incorrect.”

- 2/27/2013, 3:22 pm – Text from Cullen Mariacher: “And that’s 100% the truth”

- 2/27/2013, 3:23 pm – Text from Cullen Mariacher: “Like I said, lmk when you free if you have any questions that need answered”

- 3/1/2013, 8:39 pm – Text from Cullen Mariacher: “Heading the bed. But let me know if you are free to chat tomorrow sometime”

- 3/3/2013, 2:56 pm – Outgoing call to Kevin Pugh. Unanswered.

- 3/4/2013, 12:47 pm – Outgoing call to Kevin Pugh. Unanswered.

- 3/4/2013, 12:50 pm – Outgoing call to Kevin Pugh. Unanswered.

- 3/4/2013, 8:11 pm – Outgoing call to Kevin Pugh. Unanswered.

- 3/5/2013, 10:43 am – Outgoing call to Kevin Pugh. Unanswered.

- 3/5/2013, 2:10 pm – Outgoing call to Kevin Pugh. Unanswered.

- 3/5/2013, 3:51 pm – Text from Cullen Mariacher: “Why do you not answer your phone?” (‘read’ on 3/5/13)

Evidence:
4. Unabridged text message correspondence between Cullen Mariacher and Kevin Pugh

5. Cullen Mariacher's phone records, correspondence with Kevin Pugh

6. SURE Motorsports Ban Notice from mazdaspeedforums.org


Reference 9.4
Statement by Kevin Pugh:

"[…] to have him do the right thing. He has stern about NOT logging onto the forum and making a post about the Halo Seals and Guerrilla Arms. I tried to advise him that this would be a bad decision that would come back to haunt him in 2013."

Reference 9.4 (Direct Link):


Analysis:

SURE Motorsports appointed two representatives to communicate with members on mazdaspeedforums.org (Reference #9.1). At the time of Kevin Pugh's publication, the priority of the SURE Motorsports staff was to address the Halo, Guerrilla Arm, and polyurethane product issues. This included Cullen Mariacher and the staff assisting affected customers via telephone, email, and in person.

Cullen Mariacher and the SURE Motorsports team made an official statement regarding the Halo product, which was posted by a SURE Motorsports representative on mazdaspeedforums.org on November 27, 2012. Affected mazdaspeedforums.org members were advised to contact SURE Motorsports directly through email.

Evidence:
1. Statement made by SURE Motorsports, posted by Stealth01 (as posted by Kevin Pugh, incorrectly quoted as "Steath01")

SURE Motorsports was banned from mazdaspeedforums.org on February 27, 2013, and was unable to post the Guerrilla Arms Safety Notice on the forum.

Evidence:
2. SURE Motorsports Ban Notice from mazdaspeedforums.org

3. Safety Notice for Guerrilla Arm product


Reference 9.5
Statement by Kevin Pugh:

"I think now, since business is suffering on their end, they are kind of reacting to it with 30% effort. However, that will never be enough."

Reference 9.5 (Direct Link):


Analysis:

Between September, 2012, and the release date of this analysis, SURE Motorsports has:

Assisted all affected customers

Replaced lead engineer

Discontinued Guerrilla Arms and issued Safety Notice and refunds

Discontinued Halos and issued refunds

Polyurethane engine mount bushings replaced at no charge

Released SUREHQ.com

Published 19 SURE HQ blog entries, 7 videos

Released 10 product installation videos

New Product: Ventus Blow Off Valve

New Product: Wiper Arm Delete

New Product: Nametag Plate Display

New Product: Torq S6 Side Engine Mounts

New Product: RDS-05 Rear Sway Bar

New Product: RDS-06 Interior Brace

New Product: EXM-01 Turbo Manifold

New Product: Sway Bar Bushings

Reengineered polyurethane compounds, in three classes (Class 1, 2, & 3)

Implemented additional quality control procedures

Launched SURE Motorsports Sponsorship Program

Launched SURE Motorsports Hardline (new product line) 

Launched the new SUREMotorsports.com website


Reference 9.6
Statement by Kevin Pugh:

"I cannot allow companies to operate like this in my community. I am responsible to uphold the values for why i started MSF to begin with. SURE/SU have been perma banned on MSF."

Reference 9.6 (Direct Link):


Analysis:

As of February 27, 2013, SURE Motorsports has been banned from mazdaspeedforums.org. On February 28, 2013, Kevin Pugh released his publication. SURE Motorsports was not contacted by Kevin Pugh for any documentation or information regarding the statements made in this publication.

Evidence:
1. Mazdaspeedforums.org ban notices


Reference 9.7
Statement by Kevin Pugh:

"They are also banned on Mazdas247."

Reference 9.7 (Direct Link):


Analysis:

In 2006, Street Unit Performance was banned from mazdas247.com due to accusations from a competitor. Cullen Mariacher, owner of Street Unit Performance, Inc., responded to these accusations in an email to Antoine Tokar, owner and founder of mazdas247.com, with the following information.

Evidence:
1. Email sent to Antoine Tokar in response to the competitor's accusations


Reference 9.8
Statement by Kevin Pugh:

"Its advised that you post this article on your social media sites you visit. Its not fair to allow fellow Mazda owners who may not visit MSF to be completely clueless to the dangerous parts they may have installed on their car. It would truly be sad to see anyone die over this."

Reference 9.8 (Direct Link):


Analysis:

Product safety is the highest priority for SURE Motorsports. There have been no reported injuries, worldwide, resulting from the use of any SURE Motorsports product.

SURE Motorsports identified design flaws in the Guerrilla Arm product that could render a vehicle inoperable under normal driving conditions. SURE Motorsports took measures to recall 100% of the 36 units on the market.


Reference 9.9
Statement by Kevin Pugh:

"So, here you have it... another Mazda performance parts producer, putting peoples lives and cars in jeopardy just for some profit. At any rate, i hope this warning serves its purpose."

Reference 9.9 (Direct Link):


Analysis:

SURE Motorsports quality control process rejects all products that do not meet internal standards. These products, combined with warrantied products, have a total market value exceeding $187,500 (this figure does not account for engineering costs and additional resources expended).

Product safety is the highest priority for SURE Motorsports. There have been no reported injuries, worldwide, resulting from the use of any SURE Motorsports product.

Evidence:
1. Several products that did not pass quality control


Reference 9.10
Statement by Kevin Pugh:

"If only SURE Motorsports and Street Unit would have hired a legit engineer, we would not be forced to warn the public about the dangers of their parts."

Reference 9.10 (Direct Link):


Analysis:

Below is the employment history of product development and engineering positions within the company.

Current Product Development & Engineering Employees

Cullen Mariacher: Owner/CEO. October, 2007, to present. 12 years automotive experience. 10 years Mazda experience.

John Nick: Lead Engineer. June, 2013, to present. BS in Mechanical Engineering. 8 years automotive experience. 3.5 years on the University of Central Florida Formula SAE Team. 2 years as SAE Team Powertrain Coordinator.

Previous Product Development & Engineering Employees

Mark S., October, 2007, to September, 2012.
Ryan M., September, 2012, to January, 2013.
Drew K., June, 2013, to June, 2013.

Product safety is the highest priority for SURE Motorsports. There have been no reported injuries, worldwide, resulting from the use of any SURE Motorsports product.

Market Study of SURE Motorsports Products

  • The SURE Motorsports product catalog exceeds 300 products
  • 28,800 units are estimated to be on the market
  • 370 units have been reported for warranty
  • The complete SURE Motorsports product line has a warranty rate of .0128

These figures include wear components such as polyurethane bushings under lifetime warranty and reflect accuracy to +/- 3%.

Market Study of Street Unit Performance, Inc. Products

  • The Street Unit Performance, Inc. product catalog exceeds 125 products
  • 15,500 units are estimated to be on the market
  • 28 units have been reported for warranty
  • The complete Street Unit Performance, Inc. product line has a warranty rate of .0018

These figures include wear components such as polyurethane bushings under a one year warranty and reflect accuracy to +/- 3%.


Reference 9.11
Statement by Kevin Pugh:

"In the end, they tried to buy of or bribe their customers with a parts offering... Here, read it for yourself:"

Reference 9.11 (Direct Link):


Analysis:

SURE Motorsports took necessary steps to resolve all warranty claims and satisfy affected customers. All affected Halo and Guerrilla Arm customers were refunded 100% of the purchase price or 110% in store credit.


Reference 9.12
Statement by Kevin Pugh:


"“Originally Posted by Steath01

It is unacceptable for the SURE Motorsports product line to let anyone down. We sincerely apologize for any and all inconveniences. Our commitment to the Mazda platform should be understood; we are dedicated to the Flying M and the enthusiast. Thank you for your patience while we dive into this troubleshooting effort. We are currently in the process of testing various Halos in order to isolate the root cause of the blow-by. We have yet to pinpoint the immediate cause, as it may be discovered in the design,
manufacturing, torque requirements, or some combination of those factors. This matter has been escalated to the top of our priority list. Whatever our findings, we are dedicated to achieving a greater SURE product.

We stand behind our products 100%. Until we identify the cause, here is our current action status:

- For any Halo owners experiencing blow-by, we will provide new OEM Mazda or OEM Toyota seals as temporary replacements.

- Regardless of the root cause, our lifetime warranty will cover all Halos in question once we have identified the cause. We will also accept refunds for new Halos in original packaging. We cannot accept refunds on used Halos, but as you will see below, we are dedicated to making things right.

- If more detailed torque requirements are needed to create a seal, we will deliver new Halos with detailed torque requirements.

- If an improved version of the Halos are required, that is what will be delivered.

- The Mazda community is our DNA, and without it, there is no SURE Motorsports. Once we determine a solution for the replacement Halos, we will include with replacement Halos a generous SURE Care Package and a $25 SURE gift card.

- Furthermore, one displaced Halo user (to be chosen at random) will receive the entire SURE product line for installation on their vehicle. We will be working with the MSF community in facilitating installation assistance. We will also send a group SURE Care Package for everyone assisting in the installation efforts. More details to come.

- We will be tracking this entire process closely. Please email info@suremotorsports.com if you are affected or have concerns. Please include your name, place of purchase, and order number. SURE Motorsports is determined to continue making the best possible products for the Mazda platform and Mazda enthusiast. Once we identify the root cause, we can be more detailed. Again, we send our sincere apologizes and thank you for your continued support.

Your SURE Motorsports Team”

Reference 9.12 (Direct Link):


Analysis:


This is a public statement made by a SURE Motorsports representative (username: Stealth01) posted on mazdaspeedforums.org.

Since the release of Kevin Pugh’s publication, the policy regarding the Halo product has been modified. All affected customers were refunded 100% of the purchase price or 110% in store credit. For detailed information on the Halo warranty policy, please refer to the Halos Warranty Information Page.

Evidence:
1. Statement made by SURE Motorsports, posted by Stealth01 (as posted by Kevin Pugh, incorrectly quoted as "Steath01")