Last update : September 21, 2017
These terms and conditions (“Terms”) govern your use of Mechanican online platform, websites, apps, communications, and/or related services which allow users to connect with colleagues, explore professional opportunities, use resources, and gain information and knowledge (our “Services”). By using the Services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Services. You agree that by clicking [“Join Now”/ “Sign Up”] or similar, registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Mechanican (“We” or “Company”).
These Terms apply to Mechanican – branded apps, and other related sites offered under this contract.
We may modify these Terms from time to time. It is our policy to post any material changes we make to these Terms with a notice that our policies have been updated on the Services home page.The date the Terms were last revised is identified at the top of the page. If you object to any changes, you may [close your account/cease use of the Services]. Your continued use of our Services after we publish notice about our changes means that you are consenting to the updated terms.
The Services are NOT for use by anyone under the age of 13 (“Minimum Age”). You represent and warrant that you are either 13 years old, or, if you are between the ages of thirteen (13) and seventeen (17), you represent your legal guardian has reviewed and agrees to these Terms; agree that you will not provide or submit any personal information; and that your legal guardian will create and maintain any account for our Services on your behalf. To use the Services, you agree that:
Subject to your compliance with these Terms, Mechanican grants to you a non-exclusive, personal,worldwide, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial purposes apart from within the Services by accessing the Services through a web browser or mobile device. We reserve the right to deny anyone access to the Services at any time for any reason with or without notice. You agree that Mechanican may cease providing the Services or change the content of the Services at any time for any reason with or without notice to you without liability.
1.2. Your Account
You may be required to register and establish an account in order to use the Services. You agree to provide accurate and complete registration information when registering. Account holders are referred to as Members. As an account holder, you agree to:
You are liable for any losses or damages incurred by Mechanican or any third party as a result of someone else using your account. In the event of theft, unauthorized use, or any other breach of security on your account, you must notify Mechanican immediately. You are responsible for any and all activities that occur under or in connection with your account.
If you buy any of our paid services which could include Marketing and Advertising Services, Job Posting Services or Recruitment Services, and/or Marketplace Services you agree to pay us the applicable fees and taxes and to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid services.
You agree that we will provide notices to you via a notice on the website, app, or related service, or a message sent to the contact information you provided us. You agree to keep your contact information current.
1.5. Sharing of Information
Our Services allow messaging and sharing of user information in many ways, such as your profile,links to news articles, job postings, and blogs. Information and content that you share or post may be seen by other members or visitors.
Mechanican may or may not regulate the information shared by users. We do not guarantee the accuracy, quality, or integrity of any information shared by users. We are not obligated to publish any information or content on our Services and can remove it in our sole discretion, with or without notice.
2. Rights & Limits
2.1. Your License
Subject to your compliance with these Terms, Mechanican grants to you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the Services solely for your own non-commercial purposes apart from within the Services by accessing the Services through a web browser or mobile device. You explicitly agree that you will not use the Services for any other purpose other than as provided for by these Terms. You agree not to copy,modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract source code of the Services or to allow or assist anyone else to do so.
2.2. Service Availability
Mechanican reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other members. Mechanican reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this contract or law or are misusing the Services (e.g. violating any Community Standards).
2.4. Intellectual Property Rights
All materials that are part of the Services including, but not limited to, designs, text, graphics,pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, (“Mechanican Content”) are protected by law from unauthorized use. You agree that no Mechanican Content will be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Company’s express prior written permission, except that the foregoing does not apply to user content. All other uses of Mechanican Content, including any derivative use, require express prior written permission from Mechanican. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited, and may result in severe civil and criminal penalties.
Mechanican remains the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to Mechanican Content. You acknowledge that you do not acquire any ownership rights by using the Services, by accessing Mechanican Content posted in connection with the Services, or any derivative works thereof.
3. Disclaimer and Limitation of Liability
3.1. No Warranty
You agree that your use of the services shall be at your sole risk, and that Mechanican provides the services on an “as is” basis. To the fullest extent permitted by law, Mechanican, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Mechanican hereby disclaims all warranties, either express or implied.
Mechanican makes no warranties or representations about the accuracy or completeness of the content of the Services; Mechanican assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
3.2. Limitation of Liability
Mechanican does not guarantee that you will be able to access or use the services at all times or all locations, or that Mechanican will have adequate capacity for the services in any specific geographic area. You acknowledge and agree that the services may be inaccessible or inoperable for any reason without liability to you. You acknowledge the impermanenace of digital works, and agree Mechanican has no obligation to provide you with unlimited access to the services or Mechanican content.
To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with Mechanican is to stop using the services, and to cancel your account. You acknowledge and agree that Mechanican is not liable for any act or failure to act regarding conduct, communication or content on the services to the fullest extent permitted by law. The disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the services under any cause or actionwhatsoever of any jurisdiction.
In no event will Mechanican be liable to you or anyone else for any direct, indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if they have been informed of the possibility of such damage.
You further agree that Mechanican is not liable, and you agree not to seek to hold Mechanican liable, for the conduct of third parties, including other users of the services, and that the risk of the services and the third party websites and of injury from the foregoing rests entirely with you, including damage or loss of any kind.
Under no circumstances will Mechanican be liable to you for more than the amount you have paid Mechanican in the thirty (30) days immediately preceding the date on which you first assert any claim.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Mechanican reserves the right to cancel, suspend or terminate your account(s) and/or use of the Services at any time for any reason, and we also reserve the right to terminate your account(s) and/or use of the Services in our sole discretion for what we determine to be your breach or violation of these Terms. Mechanican reserves all rights to issue warnings to you of your violation of the Terms, and/or immediately terminate or suspend your account(s) if you violate these Terms. You agree that Mechanican need not provide you notice before terminating or suspending your account(s) and/or use of the Services even though Mechanican may still do so.
You may terminate your right to access and use the Services or your account at any time by notifying of your request to do so. Termination may result in the immediate deletion of any or all of your user content and information related to you.
People use our Services to connect with colleagues, explore professional opportunities, use resources, and gain information and knowledge. We want people to feel safe when using our Services which is why we have developed some rules of conduct/usage when using our Services.
You agree that you will:
You agree that you will not:
The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of these Terms are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein.
7. Governing Law and Jurisdiction
These Terms and all aspects of the Services shall be governed by the laws of the State of Arkansas without reference to conflict of laws principles. You irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Little Rock, AR, as applicable, for any matter arising out of or relating to these Terms and/or the Services. You agree not to commence any action against Mechanican other than in the federal or state courts located in Little Rock, AR, and you hereby consent to, and waive all defenses with respect to, venue and jurisdiction in the federal and state courts located in Little Rock, AR. If any action in law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
8. Entire Agreement
These Terms are the entire agreement between Mechanican and you hereto relating to the Services, and the Terms supersede and replace any prior agreements regarding the subject matter contained herein. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Mechanican, and Mechanican may in its sole discretion terminate your account if any purported assignment by you is made
The Services are operated and provided by Mechanican, Little Rock, AR. If you have any questions about these Terms, please use Contact us to get in touch with our team.