Description of Services

When using Mechantek digital solutions (Digital Solutions) you can access information and services provided by Mechantek.

The Digital Solutions consist of the Mechantek webpage, from which you can use specific services, such as self-service solutions, contact forms, requests for premium
content, sign up for newsletters etc., and specific Mechantek applications that can be accessed without having created an account at Mechantek. For some of the applications there will be an additional EULA and you will be able to create an account and get access to further modules of the applications.  

Acceptance of Terms

The Digital Solutions that Mechantek provides to you including any updates, enhancements, new features etc., are subject to the following Terms of Use (“TOU”).
Mechantek reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Legal Issues” hypertext link located at the bottom of our webpages. By accessing the Digital Solutions or using the website in any manner, you agree to be bound by these TOU.

Disclaimer

Mechantek provides the Digital Solutions as a service and for information purpose only. The transmission of this information does not create any form of relationship with Mechantek. You should not act upon information provided through the Digital Solutions without seeking personal assistance from Mechantek. While we have attempted to maintain the information, the software and any other services in the Digital Solutions as accurate as possible, the Digital Solutions may contain errors or omissions for which we disclaim any and all liability. The material and contents of Digital Solutions is provided “as is”, and without warranty of any kind.

Neither Mechantek nor any of its affiliates are responsible for any loss of hardware, software or files, caused by the use of the Digital Solutions or elements downloaded or used from/in the Digital Solutions. Hence, Mechantek makes no warranty that the Digital Solutions or services provided in the Digital Solutions, either by Mechantek or on Mechanteks behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or without errors, or that the Digital Solutions or the servers used by Mechantek are free of viruses or bugs or are fully functional or accurate. Mechantek endeavors to maintain the Digital Solutions and their operation, but Mechantek is not and cannot be responsible for any defects that may exist in the Digital Solutions or the operation of the Digital Solutions.

Mechantek may provide links to other websites or make third party applications available. Your use of such third party web sites and/or applications is at your own risk.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Mechantek nor any of its affiliate’s total liability to you exceed the amount paid by you, if any, for using the Digital Solutions.

Unlawful or Prohibited Use

As a condition of your use of the Digital Solutions, you will not use the Digital Solutions for any purpose that is unlawful or prohibited by these TOU. You may not use the Digital Solutions in any manner that could damage, disable or overburden any Mechantek server, or the networks connected to any Mechantek server, or interfere with any other party’s use of any Digital Solutions. You may not attempt to gain unauthorized access to any Digital Solutions, other accounts or to any Mechantek server, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Digital Solutions.

You may not knowingly introduce viruses, trojans, worms or other material, which is malicious or technologically harmful.

Intellectual Property

The Digital Solutions and each of the elements making them up, including in particular the graphic charter, data, software, texts, logos of the Digital Solutions, are protected by intellectual property law, i.e., in particular copyright and/or trademark law. 

The Digital Solutions and each of the elements making them up are owned exclusively by Mechantek.

Mechantek grants you a limited, non-exclusive license to use the Digital Solutions as specified for each Digital Solution.

Any other use of the Digital Solutions or of one of their elements constitutes an infringement of rights unless previously and specifically in writing authorized by Mechantek.

Indemnification

You shall indemnify, defend and hold Mechantek (including its subsidiaries) harmless from any liability, claim, loss and expenses, including reasonable attorneys’ fees and expenses, relation to your violation of these Terms of Use
or use or misuse of the Mechantek Account.

Legal disputes

Any dispute arising from the use of the Applications or the interpretation of the TOU is governed by the laws of Texas, excluding its conflicts of law rules. The exclusive venue for any and all disputes arising from or in connection with this EULA shall be Dallas County Court, Texas.

If the laws applicable to these conditions might at a later date be interpreted or changed to the effect that one or several of the clauses become ineffective or invalid such shall not entail the invalidity of the conditions as a whole.

Miscellaneous

Mechantek reserves the right to modify, suspend or terminate the Digital Solutions at any time, without cause or notice. Mechantek also reserves the right to terminate access to and use of the Digital Solutions by you, your Access Administrator or any of your Authorized Users at any time, without cause or notice. Without limiting the generality of the foregoing, Mechantek may suspend or terminate your access to the Digital Solutions at any time if you violate any of the TOU.

The TOU constitute the entire agreement between Mechantek and you as the user, superseding any prior agreements.

If Mechantek does not enforce any particular provision, Mechantek is not waiving its right to do so later. If a court finds any of the terms non-applicable to you in particular, the remaining terms will survive. Mechantek may assign this agreement in its sole discretion to any affiliated legal entity.