TERMS
TERMS
AND CONDITION
1. MechWareTronik Inc. ("MechWareTronik") operates the Web site located at www.stencil-express.com (the "Site") to provide online access to information about products available from MechWareTronik (the "Products") and to facilitate transactions for the purchase of Products (the "Service").
By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). By ordering Products, you agree to the Terms of Use, as well as the Conditions of Order, set forth below. These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement."
MechWareTronik reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date this Agreement was revised is set forth below.
2. INTELLECTUAL PROPERTY
The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by Canadian, US and international copyright, trademark and other laws, and belong to MechWareTronik or its parent, partners, affiliates, contributors or third parties.
MechWareTronik grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. MechWareTronik reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of this Site on any other Web site or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission.
3. DISCLAIMER OF WARRANTIES
MechWareTronik MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, OR WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MechWareTronik EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE PRODUCTS, THE SITE, THE SERVICE, AND THE CONTENT. MechWareTronik DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MechWarekTronik DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
4. ADDITIONAL DISCLAIMERS. Without limiting the disclaimers set forth in Section 3:
a. Technical Assistance Services. MechWareTronik offers its Technical Assistance Services solely as a convenience to MechWareTronik customers. MechWareTronik Technical Assistance Services personnel strive to provide useful information regarding the Products. MechWareTronik does not guarantee that any information or recommendation provided is accurate, complete, or correct, and MechWareTronik shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by MechWareTronik Technical Assistance Services Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MechWareTronik therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MechWareTronik does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by MechWareTronik of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that MechWareTronik is not responsible for the availability of any such Web sites and that MechWareTronik does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site.
d. Geographic Limitations on Use. Like most Internet Web sites, this Site is accessible worldwide. However, not all MechWareTronik products or services are available to all persons or in all geographic locations. MechWareTronik reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
e. Color Display. MechWareTronik attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer, MechWareTronik cannot guarantee that the color you see matches the product color.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL MechWareTronik BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY MechWareTronik, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF MechWareTronik HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MechWareTronik OBLIGATION AND LIABILITY FOR PRODUCT DEFECTS SHALL BE, AT MechWareTronik's OPTION, TO REPLACE SUCH DEFECTIVE PRODUCT OR REFUND TO CUSTOMER THE AMOUNT PAID BY CUSTOMER THEREFORE. IN NO EVENT SHALL MechWareTronik LIABILITY EXCEED THE BUYER’S PURCHASE PRICE. The foregoing remedy shall be subject to buyer’s written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without limitation static discharge), neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested.
6. INDEMNIFICATION
You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by MechWareTronik Technical Assistance Personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless MechWareTronik , its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by MechWareTronik Technical Assistance Personnel, or any violation by you of this Agreement.
7. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give MechWareTronik the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. FORCE MAJEURE
MechWareTronik will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. MechWareTronik's time for delivery or performance will be extended by the period of such delay or MechWareTronik may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
10. GENERAL PROVISIONS
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by MechWareTronik of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, MechWareTronik's Privacy Statement, or your use of the Site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the Province of British Columbia, without regard to any conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any Dispute will be venued in a provincial or federal court situated in Vancouver, British Columbia, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
11. CHANGES TO THE AGREEMENT
MechWareTronik reserves the right to change the terms of this Agreement without notice. You are responsible for reviewing this Agreement prior to making any purchase from MechWareTronik, and your continued use of the Site acknowledges your agreement to this responsibility. In the event that a change or update is made to this Agreement, the "Date of Last Modification" at the beginning and end of this Agreement will be updated accordingly. Notwithstanding any provision of this Agreement to the contrary, MechWareTronik may make changes to this Agreement without notice to comply with applicable laws or best practices and such changes shall be binding on you and MechWareTronik.
MechWareTronik Inc. - Stencil Express
#215-12837 76 Avenue
Surrey, BC, V3W-2V3, Canada
Phone: 778-590-0358
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