Welcome
to GradeMyMechanic.com. By using this site, you are agreeing to comply
with and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you
should not review information or obtain services or products from this
site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the
Site, the content, products or services provided by or through the
Site, and the subject matter of this Agreement. This Agreement may be
amended at any time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Your responsibility: Conduct and Content.
You have sole responsibility and consequences for the content of all
grades that are posted by GradeYourMechanic.com. We do not assume
responsibility for the accuracy of any posted grades. We do, however,
reserve the right at our sole discretion to refuse to post any message
that violates the Grading Rules as listed on the Site. We will fully
cooperate with any law enforcement agency investigating threatening
postings. See ‘Grading Rules’ for a further explanation.
You agree not to use the Site for forwarding junk mail, solicitations
or bulk mailings. You further agree not to use the Site for any message
that is unlawful, threatening, tortious, defamatory, harassing,
abusive, obscene, profane, libelous, ethnically or sexually
objectionable, harmful to minors, or in violation of state or federal
criminal or civil law. You agree not to impersonate any other person or
entity, including any owner or employee of GradeYourMechanic.
3. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or
document from the Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content, form or
document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification.
We reserve the right at our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US
AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All
responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY
GOODS, SERVICES OR INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
10. Third-Party Services.
We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase certain goods or services.
You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are
not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of the
other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
13. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true
and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by you
at the posted prices, including any applicable taxes.
14. Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings or
documents.
15. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
16. Copyrights and Copryright Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent
the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e)
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
(f)
A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner’s behalf.
17. Information and Press Releases.
The Site contains information and press releases about us. While this
information was believed to be accurate as of the date prepared, we
disclaim any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided
or endorsed by us. |