STATEMENT OF TERMS THROUGH USE

The Entire Agreement 

The Statement Of Terms Through Use, the Statement Of Limitations, the Statement Of Privacy Policy, and the Copyright Infringement notice, each with any sub-section labels added for convenience only, and any associated references, together constitute a single agreement (the “Entire Agreement” or this “Agreement”) for all purposes and applies to Web sites hosted by Integer-Comfab Enterprises LLC d/b/a mecanamix.com (“Mecanamix”) or its affiliates or any other Web sites hosted by third parties utilizing all or any portion of the Mecanamix name (collectively the “Web site or “Web sites”). Except as specifically set forth within the Entire Agreement, amendments will only be authorized by an officer of the Company. Mecanamix may also assign any and all of its rights and duties to any party at any time without notice to you, and nothing on the Web site should be cons trued so as to alter, supersede, or otherwise void any agreements or obligations with other parties Mecanamix has or may enter into. This Entire Agreement also represents the understanding between you and Mecanamix with respect to all matters contained herein and supersedes any oral or written agreements and any other form of communication between the parties. The English language version of this Entire Agreement also prevails over any other language version. Mecanamix also reserves the right without notice, obligation, or other commitment to delete, revise, or otherwise update the Web site and any of the Content, to include pricing associated with the Content, at any time without prior notice to you. Mecanamix provides change notifications by editing this Statement Of Terms Through Use, the Statement Of Limitations, the Statement Of Privacy, and/or the Copyright Infringement notice. Accordingly, all Web site Content to include pricing, is considered current and prices are firm at the time you effect your decision to acquire a limited, non-assignable, non-transferable, and non-exclusive license for any of the products and any services offered by Mecanamix or its affiliates on the Web site. 

Please review the Statement Of Terms Through Use, the Statement Of Limitations, and the Statement Of Privacy Policy periodically. By choosing to access and use the mecanamix.com Web site and to download any products and any services to install on your computer, and then access and use any of its products and any services, you irrevocably and unconditionally agree to abide by the current Statements and any terms, conditions and notices contained herein or referenced. A user of the Web site is also bound by any policy changes after they are posted to the Web site. If you do not agree with these conditions of use, you are requested to not use this Web site or access its array of products and any services. 

User access to, and use of this Web site is based on your own initiative and risk, and that you acknowledge that you are solely responsible to comply with any international and/or domestic laws and regulations applicable to you. If you are participating on this Web site on behalf of another person, you represent and warrant that you have full authority to bind that person to the Entire Agreement. You will also ensure that anyone who uses downloaded Content on your behalf does so only for your authorized use and complies with the Entire Agreement. 

Definitions 

You: “you”, “your”, “user”, “individual”, “purchaser”, and “the public”, and variations thereof, means “You as the User”, as an individual, and (if you are a corporation, limited liability company or other organization) you as a single legal entity. 

Company: “our”, “us”, “we”, ‘Company”, “Company’s”, “the Company” and “Licensor”, is identified as mecanamix.com (“Mecanamix”) with the sum total of any and all the employees plus management and agents, contracted workers as third-party or sub-contracted or otherwise, business partners, shareholders, beneficiaries with any assigns, successors, affiliates, corporate parent if applicable, and any other subsidiaries and operating segments, principals, employees, agents and contractors, plus Company affiliations such as advertisers, associates, authors and technical writers, developers, publishers, vendors, sub-vendors, service providers and suppliers, both trans-ocean and domestic located. As permitted by law and also by contract, we also reserve the right to modify any part of the sum total of all the above-described entities associated with the Company’s Web site to include any Web site advertisers and other third-party links. Notwithstanding the above, the Company shall not be and is not liable for any Content posted on Web sites owned, operated or hosted by any such Web site advertisers and third-party links. 

Confidential information: the Merchant Bank service provider (the Credit Card Processor) that partners with the Company to process your credit card transaction applies stringent on-line privacy and security (encrypted such as SSL) requirements for your transaction, in a sincere effort to protect your confidential information such as credit card number, credit card billing address and other bank-processor required transactional information. Confidential information is different from Personal information. Personal information is what you decide to provide, typically in a non-secure environment such as your name, e-mail address, a request or opinion on some issue and so forth. It is also generally known that e-mail addresses sent as a non-secure transmission, may be harvested by spammers. Notwithstanding the above, the Company shall not and is not liable for any breach by the Credit Card Processor of any obligation of confidentiality, nondisclosure or nonuse it may have to you.

Notice: Be aware of phishing - identity theft schemes! Under no circumstances will the Company attempt to contact you, asking for any confidential information, or ask you to contact us to reconfirm confidential information based on any of your on-line transactions that involved your credit card.

Content: All Company owned and licensed products offered and/or distributed along with any services, to include Web pages and Internet links that may be owned and available as Company property along with all the Statements, terms, conditions, plus any notices provided, are collectively the “Content”. 

License Grant 

The Company grants you, subject to the terms and conditions of the Entire Agreement, a “LIMITED, NON- ASSIGNABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE” for any products and any services legally acquired. As governed by law, copyright ownership and rights to any product and service Content shall always remain the sole property of their respective owners and their successors and assigns.

For any product and any service acquired that requests a license fee, you agree to pay that license fee and any sales tax imposed when transacting with the Company by providing your confidential credit card information requested through the Merchant Bank service provider (the Credit Card Processor) that partners with the Company, via the provided secure (encrypted) Web site transaction process. If your bank, your credit card provider, your governmental authority, or your other associated agency, authority or political subdivision (an Authority) imposes a duty, fee, tax, levy, bank transaction charge, currency exchange fee, or other processing charge such as the requirement for an inspection or authorization-to-use stamp, for any of the products and any services acquired via your payment of the Company’s license fee, then you agree to settle that additional charge, or additional charges, at your own expense. The Company does not calculate and collect on such charges on your behalf, and is in no way liable to you for reimbursement, or to those third parties for payment. 

Use of Licensed Content, Products and Services 

“ALL PRODUCTS OFFERED ARE LICENSED, NOT SOLD”. Each product and any service is licensed as a single product or service, and its component parts if any, may not be separated for use on more than one computer. All products and any services are owned and copyrighted by their respective copyright holder and continue to remain their property after you chose to acquire a license by paying the appropriate license fee. Also, no rights are granted to you under the Entire Agreement by implication or otherwise. All products offered and acquired by you through your credit card payment of the applicable license fee and any related expenses, are strictly licensed and nothing is offered for sale. The Company simply grants you a nonexclusive license to use the licensed product(s), after you pay the appropriate license fee and lawfully acquire and apply the Content, “FOR YOUR OWN PERSONAL USE” or, if you are an employee of a corporation or other legal entity, “FOR GENERAL INFORMATION PURPOSES ONLY”. 

Without the express written permission of the Company, you may download onto any single computer and print out any of the Content that you lawfully acquired after you pay the appropriate license fee, to include your right to make a full backup copy (which is to include any copyright notice plus any other ownership marks or comments) for archival purposes only. The Company does not retain or otherwise provide a backup copy of any Content that you paid a license fee for [United States Code, Title 17, Chapter 1, Section 117; Limitations on exclusive rights: Computer programs]. You may also download onto any single computer and print out any of the Content that may be offered as free, for your personal use or, if you are an employee of a corporation or other legal entity, for general information purposes only. Additional copying, any creation of derivative products, the distribution and/or transmission to include hosting for third parties, reverse engineering, re- leasing, licensing, publishing, renting, re-selling or transfer of any Content for either commercial or public use purposes such as sending a copy to a friend, is not to be performed as those activities will be a violation of copyright and other laws. All Content including any software based file readers are also copyrighted by their respective owners, and any unauthorized use of that Content will be a violation of copyright and other laws on your part. 

Proprietary Rights 

The Company Web site and all its Content is protected by intellectual property and/or proprietary rights. Branded or copyrighted product names, marks, trademarks, registered trademarks, trade names, or other designators such as logos, word marks, and service marks, collectively “the marks” and manufacturers and other Company names displayed or utilized on the Company Web site or within any other Content are also the sole property of their respective property holder, even when such intellectual property is not annotated with a recognized symbol of ownership. The Company disclaims any title, proprietary interest, or other proprietary rights, and intellectual law rights, to the property of others. Further, rather than accommodate a supporting footnote in each occurrence of use, the Company states that the names and marks are only used in an editorial fashion and to the benefit of their respective owner, with no intent of infringement to their rights. Any form of reference then to an entity, methodology, product, publication, research, or service does not imply any type of affiliation, approval, endorsement, or recommendation unless specifically stated otherwise by the Company. 

The Company cautions that unauthorized duplication of copyright material or circumvention of any type of file access control or copy protection technology, even if there is no infringement of a copyright itself, are crimes. In addition you may not edit, lease, license, sub-license, modify, distribute, publically display, publish, rent or create derivative works based on any Content. You are also advised not to alter, remove or use any of “the marks” found within the Content. All the Content considered to be under the control of the Company is copyrighted in whole, or in part. You are further advised that copyright holders are given certain exclusive rights under the Copyright Law of the U.S.A. contained in Title 17 of the United States Code. Copyright is a form of protection to authors for their “authorship of original works” as “they produced material by themselves”. It is illegal to make or distribute copies of copyrighted material without permission [Title 17, Chapter 1, Section 106; Exclusive rights in copyrighted works]. 

ALL CONTENT, PRODUCTS AND SERVICES ON THE WEB-SITE ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. ANY RELIANCE BY YOU OR YOUR LEGAL ENTITY ON ANY CONTENT, PRODUCTS OR SERVICES DOWNLOADED FROM THE WEB-SITE ARE AT YOUR OWN RISK. The Company makes no warranty, express or implied, about the accuracy, completeness or compliance with applicable law of any Content, product or service available on the Web site from time to time. The Company further reserves the right to remove any Content, product or service from the Web site for any reason or for no reason. 

You may only use our Web site for lawful non-commercial, informational, educational and personal use purposes only. You may not post or otherwise transmit any material via our Web site or its links that is considered to infringe on product names, marks, trademarks, registered trademarks, trade names, or other intellectual property or proprietary right of any Company or party, or appear to be abusive, deceptive, defamatory, fraudulent, harassing in nature, libelous, obscene, objectionable, privacy invasive or otherwise threatening in some manner. You also may not impersonate any person or misrepresent an affiliation with any person or entity or otherwise conduct actions that could constitute a criminal offense such as fraud, cause a civil liability, or otherwise violate any international, national, territory, province, state or local law or regulation. Further, you may not submit excessive messaging, junk e-mail in the form of advertising, gambling or lottery or other opportunities, messages in the form of chain letters, attempts to access or hack unauthorized data from or through the Company, or submit a code, program or virus designed or intended to disrupt, damage or otherwise limit the function of any hardware, software or telecommunications equipment associated with the Company. If such communications by you does occur, the Company will have no liability related to such Content and bring such matters to the attention of law enforcement officials as appropriate. 

The Entire Agreement contains the entire agreement of the parties concerning any and all products, services and Content to be performed by the Company and supersedes all prior agreements or understandings, written or unwritten. No waiver or modification of the Entire Agreement or of any covenant, condition or limitation herein shall be valid unless presented in writing and signed by an authorized representative of the Company. All covenants contained herein are severable, and in the event of any being held invalid by any competent court, the Entire Agreement shall remain intact except for the omission of the invalid covenant. The paragraph and section headings in the Entire Agreement are for convenience of reference only. All references in the Entire Agreement to the “Company” or “Mecanamix” refer to Integer-Comfab Enterprises LLC, a Connecticut limited liability company, and no principal, employee, contractor or agent of Integer-Comfab Enterprises LLC shall be personally liable for the performance of any duties or obligations of, or the breach of the Entire Agreement by, such limited liability company. The Entire Agreement shall be governed by the laws of the State of Connecticut, U.S.A., and any action, claim or proceeding hereunder shall be commenced exclusively in the courts of the State of Connecticut or the federal courts of the United States of America located in Bridgeport, Connecticut, and the parties hereby irrevocably and unconditionally waive any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts. 

Content Performance 

The Company makes no promises or representations, express or implied, with respect to Content performance within the Company Web site and any of the products and any services offered. Much of the Content was developed by other companies or individuals, not necessarily employees of the Company, and collected or compiled from sources believed to be reasonably reliable. The Content has also been operationally tested in some satisfactory manner before being offered to the public. The Company also believes it has taken reasonable effort to assure accurate Content but we cannot exclude the possibility of errors, non-performance based on older or incompatible software residing on your computer and subsequently applied to the Content, nor can the Company guarantee that you may believe there is inadequacy in an article’s depth, in its completeness, its accuracy or quality, and/or its reliability and suitability for any potential idea, application, problem and/or solution that you may derive or apply from any of the Content. 

All descriptions, recommendations, suggestions, conclusions and like-kind information presented in each product or any service is solely for informational purposes. Nothing is intended to be exclusively relied upon as all Company products and any services are generally intended to be broad in scope and generic in nature, in an effort to address a spectrum of concerns any purchaser around the world may have. Author or technical writer opinions and statements, supported by credible facts or otherwise, only reflect the judgment of that person during the specific period in time that the product was developed. The Content is also not tailored to any specific or unique event or issue or goal any User may be concerned with, nor is the Content intended to be used as a basis for decisions or appropriateness as the solution to any specific application or issue, and the Content is not to be construed as authoritative advice designed to meet your particular needs, nor is it an attempt to solicit or establish any form of consulting relationship. Please consider that technical and/or engineering sources should also be consulted by you, along with other credible informational sources, plus a review of any applicable governmental laws and regulatory codes. If expert advice is required for a particular topic, the consulting services of credentialed professionals should be utilized.

Content wording uses such as “anticipate”, “believe”, “estimate”, “expect”, “intend”, “should”, and like- kind wording could be interpreted as forward-looking statements in certain environments and settings. A forward-looking statement is a reference to a potential or contingent event that may or may not be realized at some future point in time. The Company “ACCEPTS NO OBLIGATIONS” in respect to any forward-looking statements contained in any Content. 

Some Content may appear to offer or produce results in a monetary sense, that may be derived from your input in the areas of cost or product optimization, equipment lease-buy decision criteria, and Net Present Value analysis of a future monetary event as examples. “NOTHING IS TO BE CONSTRUED OR UNDERSTOOD AS INVESTMENT ADVICE” being provided by the Company and its Content. 

The Company cannot be responsible for any Content typographical errors, for any word or word spellings that may be subject to interpretation (more than one meaning), or any words or word syntax and sentence structures that may represent a different meaning when translated and/or applied to the language and customs of the user.

Content Support 

You understand that the Company does not provide any technical support services or licensed program support services for any of the products or services offered for free or that you transact with the Company as a license agreement. There is no author assistance or author technical support to further explain the opinions or viewpoints expressed, no additional reference to facts and informational sources that could lend further credibility to their work, and no additional references as to their credentials and so forth. There is also no computer technical support such as debugging your computer operating system, e-mail software or Internet “Help Desk” oriented re- configurations and functional enhancements. Downloading, archiving, opening, understanding, interpreting and applying any acquired file information is “AT YOUR OWN RISK”. All products and services offered, or provided as free, are also provided “AS IS” and “AS AVAILABLE” and no expressed or implied warranties are provided except as required by law. Some Content may also require that you have some background knowledge of the issue so as to better understand the material being presented. Also, any warranties for merchantability and fitness for a particular purpose are disclaimed, and the Company is in no way liable for any claims from your use or claims from further disposition of any of the Content offered. As an additional condition of your use of any of the Content, you agree to indemnify the Company for any claims related to your effort to download or otherwise receive, and/ or apply any product or service, all of which is “FOR PERSONAL USE ONLY”. All other reproduction or copying to others is also strictly prohibited. 

Content Revisions 

Due to the ongoing discovery, validation, and applicability of technical information issues and technical write- author interests within various disciplines and venues, the Company reserves the right to modify, revise, upgrade or downgrade, discontinue and adjust any of the Content and its applicable license fees without notice. The Company also does not offer any licensed products or services on a subscription basis, nor is the Company responsible to provide a notice of planned revision before you make a decision to acquire a particular product or any service. Also, none of the products or any services includes obligated updates, or obligated update services, or any other obligations for any period of time after being acquired by you. 

International Use 

The Company makes no representations that its Web site is available, accessible and/or appropriate for use in any or all countries, or that the Web site contains all the references to Company Content in the form of products and services. The Content also does not imply that the Company intends to announce or otherwise register said Content in your country. The Web site is also not intentionally made available within those governmental jurisdictions that do not authorize or otherwise restrict commerce with U.S.A. based businesses and vice-versa. Web site and Content access from areas where such access is illegal, is strictly prohibited. You further agree to comply with all applicable international, federal, territory, provincial, state, county, city, and local laws and regulations, and any jurisdictional restrictions that may apply to your use of the Company Web site, its Content, and to your acquisition and personal use of the offered Licensed Products.

Warranty Disclaimer and Limitation of Liability 

All Content is provided, to the maximum extent permitted by applicable law, “AS IS AND WITH ALL FAULTS” and nothing is intended to offer, represent, or promise a contractual relationship of any kind. Further, “SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, NO WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF THE PROVISIONS OF OR FOR FAILURE OF ANY SUPPORT SERVICES, OF WORKMANSHIP EFFORT, OF LACK OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS, AND NON- INFRINGEMENT REGARDING THE CONTENT, ARE MADE”. Circumstances may arise however, wherein the Company may incur a default or other liability wherein you are entitled to recover for damages. Regardless of the basis upon which you may be entitled to claim damages, including fundamental breach, negligence, misrepresentation, Content fault, or tort claim, you also agree that “THE AGGREGATE LIABILITY OF THE COMPANY IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY, SHALL NOT EXCEED YOUR LICENSE FEE (FULL REFUND), AS VERIFIED BY YOUR PROOF OF ENTITLEMENT CREATED BY YOUR CREDIT CARD TRANSACTION, THAT THE COMPANY’S SOLE OBLIGATION UPON DEFAULT IS TO REFUND YOUR LICENSE FEE IN FULL, THAT THE COMPANY SHALL HAVE NO LIABILITY IN EXCESS OF SUCH AMOUNT, AND THAT YOU ASSUME ALL OTHER COSTS”. The Company also cannot be held responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors. Further, the views and opinions of technical writers-authors expressed within or through the Company Web site Content do not necessarily state or reflect those of the Company, and you also agree not to use the Content for any commercial gain. Also, no action regardless of form, may be brought by you later than thirty (30) days after a cause for action has arisen. For additional information, please refer to the Statement of Limitations. 

The Web site may also contain links to other Web sites as a convenience to you, over which the Company does not have ownership or control. The Company makes no stated or implied representations and takes no responsibility for the availability, Content, products, privacy, or other policies, practices, and warranties of any third-party Web sites to which we offer a link, or from a website that offers a link to the Company’s Web site. You are also responsible for your own use and application of any information obtained from or through our Web site. The Company also cannot warrant that its Web site will operate without interruption or be error-free, or that the Web site and its Content plus communication channels, to include any of the public side plug-ins your browser uses, are absolutely free of any virus, malware or other harmful code or devices that cyber-criminals may apply or inject. 

Notice of Information Collection and Use 

The Company’s policies with respect to information collection and use are described in our Statement of Privacy Policy, which should be reviewed in its entirety. 

Indemnification 

Indemnification means that you agree to defend, indemnify, and hold harmless the Company and its principals, employees, contractors and agents plus any advertisers, other affiliated or contracted agents and companies, and authors and their respective employees or individuals, any contractors, and software as a service providers from all claims, liabilities, losses, and expenses including, without limitation, legal fees that may arise from your use or misuse of the Web site and any of its Content, and in any subsequent use or misuse and application or misapplication of any of the products, services, or any other information that you acquired through a license fee or received for free, or from your breach of any terms within the Entire Agreement. The Company also reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall fully cooperate with the Company in its effort to assert any available defenses against your claim for damages, liability incurred, or loss. 

Severability 

Should any provision of this Statement of Terms Through Use, Statement of Personal Privacy and the Statement of Limitations be determined to be invalid or unenforceable as a conflict of law, such invalid portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Company, and the remaining portions of the Statements shall remain in full force and effect as valid and enforceable, as unimpaired. 

Force Majeure 

Force-Majeure means neither you nor the Company are responsible for failure to fulfill any obligations due to causes that are beyond reasonable control. Neither party will be liable for delays in processing your on- line credit card payment, the process of order fulfillment, or other non-performance caused by such events as telecommunications or utility or power failures, equipment failures, riots, war or lesser strife events, cyber-criminal or terrorist attack, non-performance of our suppliers and service providers, acts of God, or other causes over which each respective party has no reasonable control. 

Contacting Us 

Comments, questions, doubts, or claims concerning the Statement Of Terms Through Use, the Statement Of Limitations, the Statement Of Privacy Policy, or the Copyright Infringement notice will initially be resolved between you and the Company in good faith and in accordance with the principle of mutual trust. Contact us by clicking on the Contact Us Web page. If you believe the Company may be involved in a copyright infringement, please click onto the Copyright Infringement Web page link.