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Terms Of Use |
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AGREEMENT BETWEEN USER AND MechanixTrix
The MechanixTrix Web Site is comprised of various Web pages operated by MechanixTrix.
The MechanixTrix Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MechanixTrix Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
MechanixTrix reserves the right to change the terms, conditions, and notices under which the MechanixTrix Web Site is offered, including but not limited to the charges associated with the use of the MechanixTrix Web Site.
LINKS TO THIRD PARTY SITES
The MechanixTrix Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MechanixTrix and MechanixTrix is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MechanixTrix is not responsible for webcasting or any other form of transmission received from any Linked Site. MechanixTrix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MechanixTrix of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MechanixTrix Web Site, you warrant to MechanixTrix that you will not use the MechanixTrix Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MechanixTrix Web Site in any manner which could damage, disable, overburden, or impair the MechanixTrix Web Site or interfere with any other party's use and enjoyment of the MechanixTrix Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MechanixTrix Web Sites.
As a condition of your use of the MechanixTrix Web Site, you warrant to MechanixTrix that you will not use the MechanixTrix Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MechanixTrix Web Site in any manner which could damage, disable, overburden, or impair the MechanixTrix Web Site or interfere with any other party's use and enjoyment of the MechanixTrix Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MechanixTrix Web Sites.
USE OF COMMUNICATION SERVICES
The MechanixTrix Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
MechanixTrix has no obligation to monitor the Communication Services. However, MechanixTrix reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MechanixTrix reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MechanixTrix reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MechanixTrix's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MechanixTrix does not control or endorse the content, messages or information found in any Communication Service and, therefore, MechanixTrix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MechanixTrix spokespersons, and their views do not necessarily reflect those of MechanixTrix.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MechanixTrix OR POSTED AT ANY MechanixTrix WEB SITE
MechanixTrix does not claim ownership of the materials you provide to MechanixTrix (including feedback and suggestions) or post, upload, input or sub
Data Accuracy and/or Completeness. You acknowledge that MECHANIXTRIX does not warrant that the data or information is accurate or complete. MECHANIXTRIX will make its best effort to provide accurate and complete data; but the volume of information compiled and the variety of sources from which the information comes makes it impossible to warrant accuracy or completeness of any kind. IN NO EVENT WILL MECHANIXTRIX BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED WHETHER BY NEGLIGENCE OR OTHERWISE.
Limitation of Liability. You acknowledge and understand that Data is provided to MECHANIXTRIX by third parties and that its availability is beyond MECHANIXTRIX'S control. In the event the Product or media is defective, then MECHANIXTRIX shall replace or correct the defective Product or media. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, MECHANIXTRIX'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE AMOUNT MECHANIXTRIX RECEIVED FOR THE PRODUCT FROM THE RETAILER WHO SOLD THE PRODUCT TO YOU. MECHANIXTRIX AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF MECHANIXTRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, MECHANIXTRIX AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR ANY LOSSES OR DAMAGES TO YOUR OR ANY OTHER VEHICLES WHICH RESULT FROM OR ARE RELATED TO YOUR USE OF THE PRODUCT, DATA AND/OR DOCUMENTATION. IN ADDITION, You acknowledge that it is your responsibility to seek legal counsel to inform yourself of and conform to all legal requirements regarding your business. MECHANIXTRIX SHALL NOT BE LIABLE FOR ANY LEGAL INSUFFICIENCY REGARDING THE PRODUCT OR YOUR USE OF THE PRODUCTS AND DATA AND DOES NOT REPRESENT THAT THE PRODUCT IS LEGALLY SUFFICIENT IN ALL 50 STATES OR EVERY NATION THAT THE PRODUCTS ARE DISTRIBUTED INTO. It is Your responsibility to ensure internet service through an independent Internet Service Provider (“ISP”) for any online access to any of the Products or Data. MECHANIXTRIX SHALL NOT BE LIABLE FOR ANY LACK OF SERVICE OR RESPONSE TIME DELAYS ATTRIBUTED TO Your ISPs
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