Terms & Conditions

MechCAD Site - Terms of Use

v1, January 1, 2014

Welcome to the MechCAD Site (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “MechCAD,” "we," "us" and "our" refer to MechCAD Software, LLC
BY ENTERING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE MechCAD 
PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO INTERFACE WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE. WE MAY AT ANY TIME AND IN OUR SOLE DISCRETION AMEND, UPDATE OR REVISE THE CONTENT AND SERVICES PROVIDED BY THE SITE, INCLUDING THESE TERMS OF USE, AND ANY UPDATES OF THESE TERMS SHALL BECOME EFFECTIVE IMMEDIATELY AND WITHOUT ADVANCE NOTIFICATION. YOUR CONTINUED ACCESS AND USE OF THE SITE SUBSEQUENT TO THE POSTING OF ANY SUCH AMENDMENTS, UPDATES OR REVISIONS SHALL CONSTITUTE CONFIRMATION OF YOUR ACCEPTANCE OF SUCH TERMS OF USE.

YOU ARE RESPONSIBLE FOR CHECKING THESE TERMS PERIODICALLY FOR ANY CHANGES.

1. Registration and Supply of Information
You may need to register on the Site in order to use certain of the Site functions. If you just want to browse the Site, registration is optional.
During registration, you will be required to provide contact information, consisting of an email address, username and password and other details. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. If you do use your own name on the Site, you consent to it being passed to others by use of certain of the functions of MechCAD and the Site such as blogs or forums. MechCAD reserves the right to reject or remove any username or name.
For certain functions, such as the sale or purchase of products and services, you are required to provide your name, address and billing and credit card information. For other functions such as shopper support or affiliatesupport you may be required to give details of your name, address, email, MechCAD account or product order in order to obtain assistance. In all such cases you are required to provide accurate and complete information.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to inform MechCAD immediately in writing of any unauthorized use of your account or password, or any other related security breach. You may be held liable for losses incurred by MechCAD or any other user of the Site due to someone else using your password or customer account.

2. Age of Users
Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use and applicable law. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

3. Additional Terms and Conditions; EULAs
MechCAD provides e-Commerce services for affiliates, including product order pages that are hosted by MechCAD “MechCAD Online Store” and which enable shoppers to make product purchases. Use of the MechCAD Online Store is governed by separate agreements in the case of affiliates. With respect to shoppers making purchases, (i) the MechCAD Privacy Policy shall apply to all transactions and should be reviewed before making any purchase, and (ii) the MechCAD Refund Policy shall apply to all transactions unless expressly notified and agreed to in advance prior to purchase by the relevant product supplier. In addition the purchase of certain products may also require shoppers to agree to one or more End-User License Agreements (or "EULAs") that may include additional terms set by the product supplier rather than MechCAD. You will be bound by any EULA that you agree to.
In addition purchases via credit cards or other payment methods may be subject to terms and conditions as set by the respective service providers including but not limited to payment processors, credit card companies, banks, foreign exchange services and government bodies including tax authorities, and may be subject to taxes and other fees which are the responsibility of you the shopper. MechCAD shall not be liable for such taxes and fees.

4. MechCAD Privacy Policy
Your use of this Site signifies your continuing consent to the MechCAD Privacy Policy, which you can examine any time by clicking on the "Privacy policy" link on the Site.
Personal information that you supply to MechCAD, and any information about your use of MechCAD that we obtain will be subject to the MechCAD 
Privacy Policy on this Site.

5. Changes to MechCAD
We may discontinue or change any MechCAD content, service, function or feature at any time with or without notice.

6. Proper Use of This Site
When you use any of our blogs, forums or other social and communications functions, you agree at all times to comply with all relevant usage requirements. You agree to use MechCAD for lawful purposes only and may use the Site only in ways consistent with the law.

You may not:
a) Use any program, spider or "bot" to gather, collect or "harvest" information from the Site.
b) Use anyone else's password or customer account at any time or attempt to gain unauthorized access to the Site
c) Infiltrate, hack, or otherwise attempt to again unauthorized access to or comprise the integrity and/or security of the Site or servers, connected services or networks including any personal or payment information.
d) Attempt to disrupt, interfere, or slow down the Site, or servers, connected services or networks, breach or attempt to access the security of the Site, networks, servers, data, computers etc., relating to the Site or of any third party hosting, supplying or working with the Site.
e) Duplicate, copy, insert into frames or otherwise exploit the Site and/or its contents for any gain or to effect any deception or phishing, or impersonate any MechCAD representative or client.
f) Use any hyperlink to the Site to show MechCAD or its users, suppliers, customers or their products in an untruthful, derogatory or offensive manner.
g) Upload to the site any virus, Trojan, harmful or malicious code or malware, or cause or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any servers, connected services or networks.
h) Use the Site for purposes of competitive intelligence. If you access the Site and replicate on a competitive service any of the Site's features, any portion of the Site's user interface, or any other intellectual property displayed on the Site, you agree to pay damages, including but not limited to, liquidated damages in the amount of all revenue earned by such competitive service after the date material was copied from the Site.

7. Proprietary Rights
MechCAD reserves all rights under intellectual property law in MechCAD, the MechCAD Payment Services, MechCAD trademarks and proprietary information, and in any content that is on the Site.
Except as MechCAD may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from MechCAD or its suppliers on the Site without our express prior written consent.

8. Changes to the Terms of Use
We may change the Terms of Use at any time and such terms shall come in effect immediately as set out above.

9. Electronic Delivery Statement and Your Consent
You agree that we may provide to you notices and other information concerning MechCAD or this Site electronically, including notice to any email address that you may provide. Any notice shall be deemed received by you upon our posting it to this Site.

10. Content That You Supply
MechCAD may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, the law, or any applicable posting rules. Content that violates applicable rules may be removed by us.
If you choose to post any content on any blog, forum or other public area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

11. No Duty to Monitor
You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

12. Third Party Sites and Sellers/Product Suppliers
MechCAD may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites.
Parties other than MechCAD provide and Products on this site. MechCAD is not responsible for examining or evaluating, and nor do we warrant the offerings of, any of these businesses or individuals or the content of their Web sites. MechCAD does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their product descriptions prior to purchase.
Except as otherwise provided by US law, You also agree (i) that we are not responsible for content or claims supplied by merchants, sub-merchants, affiliates and other parties selling products through the MechCAD Payment Services, and (ii) that we are also not responsible for any transactions or dealings between you and any such third party; and (iii) that we are not responsible for any claim or loss due to a third party site or product provider.

13. Disclaimer of Warranties
We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

14. Limitation of Liability
YOU MAY NOT ASSERT ANY CLAIMS FOR DAMAGES ARISING FROM THIS SITE OR ITS CONTENTS. TO THE EXTENT PERMITTED BY LAW MechCAD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF SUCH CLAIM ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT OR OTHER THEORIES OF LIABILITY.

15. Indemnification
You agree to defend, indemnify, and hold harmless us and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. International Use
We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

17. Choice of Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Florida, U.S.A, without giving effect to any conflict of laws rules, and the sole and exclusive jurisdiction over any dispute between the parties shall be of the competent state or federal courts of or in Broward County, State of Florida, U.S.A. Both parties agree to waive any right to jury proceedings.
BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN BROWARD COUNTY COUNTY, THE STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

18. Severability and Integration
This contract and any supplemental agreements, terms, policies, rules and guidelines posted on this Site or signed by you constitute the entire agreement between you and us. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable US law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Termination
We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.