Statement of User Rights and Responsibilities
Date of Last Revision: December 16, 2014
This Statement of User Rights and Responsibilities (“Statement” or “Terms”) governs the relationship between Mechanic Advisor Inc. our affiliates, subsidiaries, contractors, advertisers, agents or other partners (collectively referred to as “Us” “Our” and/or “Mechanic Advisor”) with users of our products and/or services (collectively “Users”). Products and services include, but are not limited to www.mechanicadvisor.com , Mechanic Advisor’s mobile application, Mechanic Advisor’s social media pages and accounts, shop listings, and/or shop reviews (collectively “Products and Services”.) This Statement is the entire agreement between Mechanic Advisor and Users and supersedes any prior agreement and or warranties. By using or accessing any of our products or services, Users agree to this Statement and the terms and conditions contained within.
Mechanic Advisor reserves the right to modify this statement at anytime.
Mechanic Advisor, may use technology, such as cookies, that collects User information that allows for a customizable user experience. We may use 3rd Party advertising companies to serve Users with information about products and services that may be relevant to the User. These companies may use User information to provide advertisements, and information about websites, and other forms of media about goods and services.
Mechanic Advisor periodically distributes unique intellectual property in the form of text, images, and videos. All such Intellectual Property is property of Mechanic Advisor and shall not be reproduced or otherwise improperly used without Mechanic Advisor’s express written consent. Use of this property without our permission is prohibited.
In the event that a claim, cause of action, or other complaint is made by a third party against Mechanic Advisor arising out of the action of a User, User agrees to and shall indemnify and hold Mechanic Advisor harmless from and against all damages, losses, and all reasonable legal fees, costs and expenses.
Users who are also shop owners that have a listing, posting, advertisement, or a complete or incomplete Shop Page with Mechanic Advisor warrants and guarantees that the shop details are accurate and timely updated, and that the content of any listing, posting, advertisement, or Shop Page is lawful. By Creating a Shop Page or posting shop detail content to MechanicAdvisor.com, the Users warrant that those submitted details are accurate and shall be kept up to date. False information shall be corrected and the User grants permission for the Shop to be publically reviewed.
Mechanic Advisor may use Third-Party Review Systems for Shops listed in our database. Any disputes regarding reviews and any reports of false information should be immediately reported to Support@MechanicAdvisor.com. Mechanic Advisor is not responsible for the conduct of Users.
Mechanic Advisor reserves the right to suspend, limit, and/or terminate any User from use of Mechanic Advisor products or services.
Mechanic Advisor expressly states that the warranties and promises of the User in this Statement are material. However, if we fail to enforce any of this Statement, such inaction is not considered a waiver of any rights.
It is vitally important to mechanic Advisor that Users only access our products and services at times that they can safely do so. Please comply with all applicable laws that dictate when and what type of cell phone use is allowed while operating a motor vehicle. Mechanic Advisor warns against use of the cell phone while operating a motor vehicles it may lead to injuries.
We work to keep our products and services available, safe, and in a “bug-free” condition, but do not make any such guarantees. Service interruptions, delays, and imperfections in the customer experience may occur. Our site and application are provided “as is” and without any express or implied warranty. We expressly disclaim all warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
User agrees to release Mechanic Advisor from any claims and damages, known and unknown, arising out of or in any way connected with any claim that the User may have against any third party affiliated with us. California resident Users expressly agree to waive California Civil Code Section 1542, which states: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Our products and services rely upon Bluetooth and other 3rd party technologies. We work hard to make our systems secure, however makes no guarantee on the subject.
Automobile diagnostics rely on data manually input by the User. It is the User’s responsibility to keep vehicle information updated and accurate. Our diagnostic recommendations are based upon manufacture recommendations. User agrees to hold harmless Mechanic Advisor for any damages incurred in whole or in part by the diagnostic recommendations, or by the information given by Mechanic Advisor to a User.
User agrees not to seek, and Mechanic Advisor shall not be liable for consequential, special, punitive, indirect, or incidental damages arising out of or in connection with this Statement.
Mechanic Advisor’s aggregate liability arising our of this statement or its products and/or services, shall not exceed the greater of $100 or the amount the aggrieved User has paid Mechanic Advisor in the last 12 months. If applicable law does not allow such limitation, the liability shall be limited to the extent allowed by applicable law.
Users expressly agree that if any portion, section, or term of this Statement is found by an authority of competent jurisdiction, to be unenforceable in any way, the unenforceable term shall be reduced in scope as to allow it to be enforceable. Further, if any portion, section, or term of this Statement is found by an authority of competent jurisdiction to be unenforceable in any way, the rest of the Statement shall remain valid and enforceable.
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