Terms and Conditions of Use
When you use this Internet web site and its related services
("Site") you agree to the following terms and conditions (the
"Agreement"). MechanicNet Group, Inc. ("MechanicNet Group" or "we")
may revise these terms from time to time, at our sole discretion,
by updating this posting. Unless otherwise provided below, the
revised terms will take effect when they are posted.
BY USING THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO
BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.
IF THE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, AS
THEY MAY BE REVISED FROM TIME TO TIME, YOU
MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
You may not use this site unless you are at least 18 years old.
Fees / Service Uptime
does not currently charge consumers for services on the Site, but
reserves the right to do so in the future. We may modify or
discontinue this Site and the services available at it without
notice. Though we
will attempt to provide the highest reliability available,
MechanicNet Group does not guarantee availability at all times.
We reserve the right to take down the Site for routine
maintenance, upgrades, and technical complications.
IDs and Passwords
about your car and its maintenance or repair history are protected
by your ID and password. You
agree to use reasonable efforts to safeguard your user ID and
password you use to access this Site. You authorize us to assume
that any person using the Site with your user ID and password
either is you or is authorized to act for you.
asked to provide information, you agree that you will provide
true, accurate and complete information. You also agree that you
will maintain and update such information to maintain its truth,
accuracy and completeness. MechanicNet Group reserves the right to
terminate your use of the Site upon the discovery that the
information you provided is not complete or accurate.
agree not to do any of the following while using the Site:
- Violate any applicable laws or regulations;
- Post or transmit any information, text, data, graphics,
photographs, messages or other materials ("Content") that
you do not have the right to
post or transmit;
- Post or transmit any Content that infringes a third party's
rights with respect to intellectual property, publicity or privacy;
- Post or transmit any Content that is unlawful, untrue,
harassing, libelous, obscene defamatory, abusive, tortious, threatening,
harmful (including but not limited to viruses, corrupted files, or
any other similar software or programs) or otherwise
- Access, tamper with or use non-public areas of the Site.
Unauthorized individuals attempting to access non-public areas of the
Site will be subject to prosecution;
- Tamper with postings of other users;
- Gather and use information to transmit any unsolicited
advertising, "junk mail", "spam", or
- Post false or misleading information about a product or service;
- Frame or link to the Site except as permitted in writing by
MechanicNet Group or
or misrepresent your affiliation with any person or entity.
has an editorial staff that exercises the highest level of
integrity to bring you timely and relevant content.
There are, however, content areas on the Site that are
unedited and unmonitored in order to provide an open information
exchange for members of our community.
In that capacity, MechanicNet Group acts as a distributor
(and not a publisher) of unedited content supplied by third
parties and users of this Site. MechanicNet Group has no editorial
control over such content. Any opinions, advice, statements,
services, offers, or other information or content expressed or
made available by such third parties, including users, are those
of the respective author(s) or distributor(s) and not of
MechanicNet Group. MechanicNet Group neither endorses nor is
responsible for the accuracy or reliability of any unedited
opinion, advice, information, or statement made on this Site by
anyone other than authorized MechanicNet Group employees acting in
their official capacities or third parties over whom
MechanicNet Group exercises editorial control. YOU UNDERSTAND AND
ACKNOWLEDGE THAT MechanicNet Group DOES NOT MONITOR UNEDITED CONTENT
FOR ACCURACY OR RELIABILITY.
does retain the right, but is not obligated, to delete any
comments it considers, in its sole judgment, to be obscene, in bad
taste, defamatory or inappropriate.
Site contains trademarks and other material furnished by
MechanicNet Group, its licensors, and other users. You should assume
that everything you see or read on the Site which was not
furnished by or received for you (such as files, images,
photographs, illustrations, text and other materials) (“Site
Content”) is copyrighted unless otherwise noted. You may not
sell, reproduce, distribute, modify, display, publicly perform,
prepare derivative works based on, repost or otherwise use any of
the Site Content in any way for any public or commercial purpose
without prior written consent of MechanicNet Group or the rights
holder. If you violate any of these terms, we may terminate your
authorization to use the Site.
Intellectual Property Policy
respects the intellectual property of others and expects members
of our community to do the same. At our discretion and in
appropriate circumstances, MechanicNet Group may terminate the
accounts of users or prevent access to the Site by users who
infringe upon the intellectual property rights of others.
Site may contain links to other web sites or resources. You
acknowledge and agree that MechanicNet Group is not responsible or
liable for (i) the availability or accuracy of such sites or
resources; or (ii) the content, advertising, or products on or
available from such sites or resources. The inclusion of any link
on the Site does not imply that we endorse the linked site. You
use the links at your own risk.
with Member Mechanics, Advertisers, and Affiliates
correspondence with mechanics, advertisers, or affiliates found on
the Site, including payment and delivery of related goods or
service, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
you and such merchant. You agree MechanicNet Group is not liable for any loss
or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such
merchants or advertisers on the Site.
| Disclaimer of
Liability and Warranties
and our content suppliers (“Content Providers”)
endeavor to provide a convenient, accurate and functional Site.
All of the information contained on the Site is obtained from
sources that we believe are accurate and reliable. However, the
editorial staff and third party content providers do not guarantee
that the information provided will be sufficient, accurate, or
appropriate for every individual or situation. Consequently, YOU
USE THE SITE AT YOUR OWN RISK. THE INFORMATION PROVIDED MAY NOT BE
ACCURATE, SUFFICIENT, OR WORK FOR YOUR PARTICULAR SITUATION. WE
STRONGLY URGE YOU TO CONSULT A PROFESSIONAL AUTOMOTIVE TECHNICIAN
TO DIAGNOSE A PROBLEM OR RECOMMEND A SOLUTION.
THE INFORMATION THAT WE PROVIDE SERVES ONLY AS GUIDE TO
AUTOMOTIVE PROBLEM RESOLUTION.
We also do not guarantee that the
Site will be error free or that it or the server that operates it
is free of viruses or other harmful components. If your use of
the Site results in the need for servicing or replacing property,
material, equipment or data, we are not responsible for those
Without limiting the foregoing,
EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND
“AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, RELIABILITY,
TIMELINESS, SECURITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you.
MechanicNet Group ALSO MAKES NO
WARRANTY THAT THE SITE WILL MEET USER'S REQUIREMENTS NOR DO WE
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
SITE. MechanicNet Group MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SITE.
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER
FROM MechanicNet Group OR THROUGH THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
agree to defend, indemnify, and hold harmless MechanicNet Group, its
officers, directors, employees, agents, and its Content Providers
from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, made by any third
party due to or resulting from your use of the Site or the Site
Content or your violation of this Agreement.
AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN
CONNECTION WITH THE SITE OR THE SITE CONTENT IS LIMITED TO ONE
HUNDRED DOLLARS ($100.00). NEITHER MechanicNet Group NOR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE
SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR
INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH
DAMAGE. You acknowledge that without these limitations, we could
not provide low cost and/or free access to the Site. Because some
jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation or exclusion may not apply to you.
are responsible for compliance with applicable local laws, keeping
in mind that access to the Site Content may not be legal by
certain persons or in certain countries. If any part of this
Agreement is held to be unenforceable, the unenforceable part
shall be given effect to the greatest extent possible and the
remainder will remain in full force and effect.
Governing Laws. This Agreement will be governed by
the law of California, U.S.A., without regard to its conflicts of
law provisions. Any dispute you may have with respect to this Site
must be commenced within one year after it arises, or the cause of
action is barred.
Arbitration. Any dispute
arising out of or relating to this Agreement, or breach thereof,
shall be first submitted to binding arbitration in the English
language in Alameda County, California, and in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association ("AAA") then in effect. The decision
of the arbitration shall be final and may be entered as judgment
in any court of competent jurisdiction. The arbitrator shall
determine the allocation of arbitration costs and reasonable
attorney's fees between the parties according to the relative
merits of each party's case.
possible, each provision of these terms and conditions shall be
interpreted in such a manner as to be effective and valid under
applicable law. In the event that any provisions contained
in this Agreement are held to be unenforceable, this Agreement
shall be construed without such provisions.
Entire Agreement. The Agreement comprises the entire
agreement between you and MechanicNet Group with respect to the use
of the Site and supersedes all prior agreements between the
parties regarding the subject matter contained herein.
suggest that you print out a copy of this Agreement for your