These Terms of Service constitute the entire legal agreement between you and MechDome, Inc (“MechDome”) and govern your use of MechDome.com and the services offered through it, superseding any prior agreements between you and MechDome. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MechDome's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. MechDome will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to these Terms of Service by creating a MechDome account. If you do not agree to these Terms of Service do not use MechDome. You must accept and abide by these Terms of Service as presented to you: changes, additions or deletions are not acceptable and MechDome may refuse access for noncompliance with any or part of these Terms of Service.
If you are agreeing to be bound by these Terms of Service on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms of Service. If you do not have the requisite authority, you may not accept the Terms of Service or use MechDome on behalf of your employer or other entity.
All claims arising out of or relating to these Terms of Service or your relationship with MechDome under these Terms of Service, shall be governed by the laws of the State of California excluding California’s conflict of laws provisions. You and MechDome further agree to submit to the exclusive jurisdiction of the federal or state courts located within the county of San Mateo, California to resolve any legal matter arising from or relating to these Terms of Service or your relationship with MechDome under these Terms of Service, except that you agree that MechDome shall be allowed to apply for injunctive relief in any jurisdiction.
MechDome agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to your Apps, including any intellectual property rights which subsist in those Apps.
You agree to use MechDome only for purposes that are permitted by these Terms of Service and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you are solely responsible for (and that MechDome has no responsibility to you or to any third party for) any Apps you distribute generated by MechDome and for the consequences of your actions (including any loss or damage which MechDome may suffer) by doing so. These consequences include, but are not limited to, product liability, consumer protection, and/or intellectual property claims relating to your products.
You agree that you are solely responsible for (and that MechDome has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Service, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which MechDome or any third party may suffer) of any such breach.
You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Apps. If You use third-party materials, You represent and warrant that you have the right to distribute the third-party material in the App. You agree that you will not submit material to MechDome that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.
User Data and Credentials
You agree to provide accurate, current, and complete information required to register with MechDome and at other points as may be required in the course of using MechDome ("User Data"). You hereby confirm that any User Data you already have provided to MechDome (including, without limitation, in the MechDome registration process or through prior use of MechDome) has been accurate, current and complete. You further agree to maintain and update your User Data as required to keep it accurate, current, and complete.
You agree that you are responsible for maintaining the confidentiality of any credentials that MechDome may issue to you or which you may choose yourself and that you will be solely responsible for all Apps that are created under your credentials. MechDome may limit the number of accounts issued to you or to the company or organization you work for. You may not reveal your Account information to anyone else, allow anyone else to use your Account, or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify MechDome of any unauthorized use of your Account or any other breach of security. MechDome shall not be responsible for any losses arising out of the unauthorized or other improper use of your Account.
You agree to keep confidential, and not to disclose to any third party, any proposed Agreement you download through MechDome.com or otherwise receive from MechDome. In the event either party chooses not to execute such proposed Agreement, you agree to destroy all copies thereof.
Disclaimer of Warranties
You expressly understand and agree that your use of MechDome is at your sole risk and that MechDome is provided "as is" and "as available" without warranty of any kind. Your use of MechDome and any material downloaded or otherwise obtained through the use of MechDome is at your own discretion and risk and you are solely responsible for any damage to your computer system or other device or loss of data that results from such use. MechDome further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringiment.
MechDome does not guarantee, represent or warrant that your use of MechDome will be uninterrupted or error-free, and you agree that from time to time MechDome may remove services or portions thereof for indefinite periods of time, or cease to offer them in their intirety, at any time, without notice to you.
Suspension and Termination of Service
We reserve the right to suspend or terminate your access to MechDome at any time in our sole discretion. You understand that if your account is suspended or terminated, you may no longer have access to apps or data you provided to MechDome.
Limitation of liability
You expressly understand and agree that MechDome, its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, acidental, special consequential or exemplary damages that may incurred by you, including any loss of data, whether or not MechDome or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
In no case shall MechDome, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of MechDome or for any other claim related in any way to your use of MechDome, including, but not limited to, any errors or omissions in any product or service, or any loss or damage of any kind incorrect as a result of the use of any product or service, posted, transmitted, or otherwise made available via MechDome, even if advised of their possibility. MechDome does not represent or guarantee that its services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and MechDome disclaims any liability relating thereto.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless MechDome, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of MechDome in violation of these Terms of Service, and your Apps that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.
Changes to the Terms of Service
We may change these Terms of Service at any time, as we reasonably deem appropriate. Upon any change in these Terms of Service, we will post the amended agreement on the site; we may also attempt to notify you in some other way. Your continued use of MechDome following such posting shall constitute your affirmative acknowledgement of the Terms of Service, the modification, and agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following any such modifications hereto, then please do not use MechDome.
If you choose to subscribe to a paid service, you agree to pay the fees as quoted to you when you purchase that service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased service, like data charges.
MechDome reserves the right to change its prices at any time, however, if we have offered a specific duration and fee for your use of the service, we agree that the fee will remain in force for that duration. After the offer period ends, your use of the service will be charged at the then-current fee(s). If you don't agree to these changes, you must stop using the service and cancel the relevant subscriptions via MechDome.com. If you cancel, your service ends at the end of your current service period or payment period, and no refunds for previously paid services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the service will automatically renew at the then-current price and for the same subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
Billing and Payment
If you select a paid service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the services you have selected and for any paid feature(s) you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent MechDome has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your subscription, we may automatically renew your service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your services.
You may elect one of the following subscription plans and billing options:
A monthly subscription plan. The subscription period for the monthly subscription plan will be for one month and will automatically renew unless you cancel your subscription at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An annual subscription plan. The subscription period for the annual subscription plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the annual subscription plan you will not be permitted to cancel or downgrade the service you have selected until the anniversary date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the monthly subscription plan.
If you select the monthly subscription plan, you can switch to the annual subscription plan at any time by contacting us. If you select the annual subscription plan, you may not change to the monthly subscription plan until the end of the one-year term of your annual subscription plan.
MechDome, Inc ("us", "we", or "our") operates http://www.mechdome.com (the "Site"). This document informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection and Use
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information"). We do not sell, share, or rent any personal information we collect from you through the Site in ways different from what is disclosed in this Policy, although we may provide aggregate information or other non-personal information to third parties without your authorization. In the event that we engage or partner with third party vendors, consultants or other service providers in connection with the operation of the Site and our business ("Service Providers"), we may share personal information with such Service Providers who need access to such information to carry out their work for us. You should also note that personal information that you post to public areas of the Site, may become publicly available. Your posting to such public areas of the Site constitutes your consent to share such information publicly.
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").
This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze traffic to our site. If you would like to opt-out of Google Analytics data collection you may visit Google Analytics Opt-Out
In general, we use personal information we collect from you through the Site to facilitate your use of the Site, to process your requests or transactions, to provide you with information, products and services you request, to administer and assist us with the operation of the Site and of our business, and for the purpose for which the information was provided. For example, we may use the information we collect: to send a welcome email following registration to all registered patrons to contact you about our use of the Site, such as for administrative purposes or to provide you with customer service; to communicate any promotions to you by email, calls, texts; to request feedback and to enable us to analyze, develop, customize and improve the Site and our information and services; and for the specific purpose for which the information was provided.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.