Terms and Conditions of Use
THE FOLLOWING DESCRIBES THE TERMS ON WHICH MECTRONIC.NET, INC., OWNER AND OPERATOR OF THE WEBSITE http://www.mymectronic.com/ OFFERS USER ACCESS TO OUR SERVICES
The myMectronic.com WebSite (the "Site") is provided by Mectronic.net, Inc. ("Mectronic") as a service to registered members ("User") of the Site. In order to complete the registration process and have access to the Site, User must indicate User's acceptance of the terms and conditions of this Agreement ("Terms") by clicking the button marked "I Agree". Clicking on the "I Agree" button shall be deemed User's conclusive acknowledgement that User has read, understood and accepted the Terms of this agreement and any operating rules or policies that may be published from time to time by the Site. User may not access or use the Site or any part of the Site or the Services that we make available at the Site (the "Services") unless User accepts and agrees to all the provisions of the Terms of this agreement, and User agrees that any access to or use of the Site and the Services will be subject to the Terms. After registration, User's access and continued use of the Services shall be deemed User's continued and conclusive acceptance of the Terms of this agreement, including any revision to the Terms of this agreement. We may amend this agreement at any time, effective immediately, by posting the amended Terms on the site.
1. Registration Eligibility.
Our Services are only available to individuals, partnerships, corporations, their legal agents, representatives or other persons who can form legally binding contracts under applicable law. If User does not qualify to enter legally binding contracts, User may not use or access the Site or Services.
2. Registration Obligations.
In consideration of User's use of the Services of the Site, User warrants and agrees to: (a) provide true, accurate, current and complete information ("User Information") about User and the business(es) User represents on the Site's registration form(s), or through any email, RFQ form, Purchase Order form, Shopping Cart link feature, or any other form or electronic document and that the User Information is in no way misleading, false or misrepresentative and (b) maintain and promptly update the information to keep User Information true, accurate, current and complete and in no way misleading, false or misrepresentative. User is responsible in all respects for all use of and for protecting the confidentiality of User Information, identification number or name, email address and User password.
3. User Conduct.
User shall conduct all business on the Site and use all the Services on the Site in an ethical and lawful manner and that does not reflect unfavorably on the reputation of the Site and its Users. User agrees to access the Site only for the purpose of utilizing the Services. User agrees not to access the Site for purposes of reverse engineering or otherwise learning about the operation of the Site or for solicitation or selling to Companies listed on the Site. User may not use any device, robot, spider, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or to interfere with any transaction facilitated by the Site or the Services. User may not take any action which imposes an unreasonable or disproportionately large load on Site's systems or infrastructure. User agrees that User will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for User's own User information) from the Site without the prior expressed written permission of Mectronic. Information obtained via the Site is for User's internal use only and may not be further disseminated, published or otherwise disclosed without Mectronic's prior written consent. As a condition of User's use of the Site, User represents and warrants to Mectronic that User will not use the Site for any purpose that is unlawful or prohibited by these Terms and that User's use of the Site shall not be for purposes of copying Mectronic's business systems designs, or content. User may not use the Site in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party's use of the Site. We reserve the right to terminate User's account and User's access to the Site and the Services at any time, for any reason or no reason, without notice.
4. Use of Site Services.
The Site contains various forms of communications tools, such as e-mail, phone numbers, fax numbers, requests for quotations, purchase orders, and/or other messages or communications ("Transmittals") and other communications methods designed to enable Users and suppliers to exchange specific information and engage in business transactions or relationships. User agrees to use the Transmittals only to send and receive information that are proper, legal and allowable by law. Mectronic shall have no obligation to monitor the Transmittals or use of Services. Mectronic reserves the right, however, to review Transmittals and use of Services by Users, and to remove any materials at its sole discretion that may be false, deceptive, misleading, fraudulent, unauthorized, offensive, objectionable, damaging or illegal. Mectronic reserves the right to terminate Users access to any or all of the Services at any time without notice for any reason whatsoever. Mectronic further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials sent to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for adhering to such limitations if User receives such materials.
5. User may not send unsolicited Transmittals to any recipient that has not specifically made itself available for such Transmittals.
User agrees not to transmit any product or service that is either illegal or is in violation of the Terms of this agreement. Such products or services include, but are not limited to, programs, applets, graphics, services, software, devices or third party services that send or facilitate the sending of unsolicited information not requested by the recipient User may not continue to send Transmittals to a recipient if recipient has requested that User discontinue such Transmittals. Mectronic prohibits any and/or all Transmittals that are false, misleading, defamatory, obscene, pornographic, threatening, abusive, or illegal.
6. Security of Site.
User may not attempt to access, damage or tamper with User Information and accounts that are not the User's own registered and authorized User Information. User is prohibited from willingly or unwillingly gaining access into any part of the Site or use the Site to access any other system that User is not authorized access to in the normal use of the Site's registered member's Services. User may not use Services without prior registration and permission that are not included in User's membership Services. Acts of obstruction, abuse, damage or interference of normal Services from Mectronic by User, including but not limited to, password stealing, defrauding other members, unauthorized transfer of data or data files, unauthorized access to Site's servers, programs, software, hardware, internet access, or infrastructure are prohibited. User agrees to maintain User's own User Information and password to access the Site as confidential, not to share it with others, and User shall not permit, assign, or transfer the rights of User's membership to others to use the Site with User's password or User Information. User shall contact Mectronic promptly if the integrity or security of User's User Information or password may be lost, stolen or otherwise compromised.
7. Third Party Sites.
The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under Mectronic's control and Mectronic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates, content, capability, maintenance, offers, promotions, accuracy or functions of any Linked Site. Mectronic provides Linked Sites to User only as a convenience for use at User's own discretion.
8. Liability Disclaimer.
Use of Services or any information provided via the Site is at User's own risk. Mectronic does not make any warranties, expressly or implied, as to the accuracy of information. Information in the Site may include inaccuracies or typographical errors and are subject to correction. Mectronic and/or its suppliers, partners, customers, and associates may make changes in the Site at any time and without notice. Mectronic makes no claims or representations as to the accuracy of information received through Transmittals between User and third parties through the Site, and such transmittals are the responsibility of the User and those third parties. Mectronic and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products and services contained on the mectronic site for any purpose. All such information, products and services are provided "as is" without warranty of any kind. Mectronic and/or its respective suppliers hereby disclaim all warranties and conditions with regard to such information, products and services including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. No information given by Mectronic, its employees, affiliates or contractors shall create a warranty either express or implied. In no event shall Mectronic and/or its suppliers, its employees, affiliates or contractors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related Services, the provision of or failure to provide Services whether based on contract, tort, negligence, strict liability or otherwise, even if Mectronic or any of its suppliers have been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to User. If User is dissatisfied with any portion of the Site, or with any of the Terms, User's sole and exclusive remedy is to discontinue using the Site.
9. Limitation of Claims.
No claims, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use the Services described herein, may be made, nor action based upon such claim brought, by any Party, more than one year after the cause of action has occurred.
10. Force Majeure.
Mectronic, its affiliates or agents shall be not be liable or deemed to be in default for delays, failure in performance or loss resulting directly or indirectly from any cause or circumstance beyond its reasonable control including, but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, fire, flood, hurricane, accidents, strikes or labor shortages, shortages of transportation facilities, failures in software programs, delays or interruptions due to electronic or mechanical equipment failures, failure of telephone or other interconnect problems, to defects or to the elements, or other causes or conditions over which Mectronic, its affiliates and its agent does not have direct control.
If any provision of this Agreement shall be found unenforceable as worded or in violation of any applicable law, then that provision shall be amended so as to be legally enforceable. If the latter is not possible, then the unenforceable or violative provision or provisions shall be canceled and the remainder of this Agreement shall remain in force. In the event of a legal proceeding relating to this Agreement, the prevailing party shall be entitled to recovery of reasonable attorney's fees in addition to any other right or remedy provided at law or in equity.
12. Governing Law; Venue.
This Agreement shall be construed and governed by the laws of the State of California. The venue of any legal proceeding related to this Agreement shall be Circuit Court in Santa Clara County, California or the United States District Court in San Francisco, California. The Parties hereby agree to that such named courts have subject matter jurisdiction over such matters and to submit themselves to the personal jurisdiction of the aforementioned courts.
13. Entire Agreement.
Notwithstanding anything contained herein to the contrary notwithstanding this Agreement contains the entire agreement of the parties with respect to the subject matter set forth herein. This agreement contains the exclusive terms by which the parties intend to conduct business related to the matters contained herein and no other terms, written or oral, whether in addition or contrary to those set forth herein, and whether contained in any document utilized by one of the parties shall be enforceable.
All contents of the Mectronic Site are: (c) Copyright 1997-2015 Mectronic.net, Inc. All rights reserved