This Site is offered and available to people who are 16 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent that you are of legal age to form a binding contract with Mechanix Wear and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
WEBSITE CONTENT AND OWNERSHIP OF THE SITE
The Site, and all text, files, graphics, photographs, trademarks, logos and other content (collectively, “Content”) contained on the Site is owned, controlled or licensed by or to Mechanix Wear, and is protected by United States and international trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. A list of all Mechanix Wear’s trademarks can be found in our Trademark List.
Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by Mechanix Wear. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Mechanix Wear without our express written consent.
You may use information on Mechanix Wear's products made available by Mechanix Wear to you, provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, non-commercial informational purpose; (3) make no modifications to any such information; and (4) not make any additional representations or warranties relating to any Mechanix Wear products.
OTHER TERMS AND CONDITIONS
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Mechanix Wear respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Mechanix Wear’s Designated Copyright Agent, identified below.
NOTICES OF ALLEGED INFRINGEMENT FOR CONTENT MADE AVAILABLE ON THE SITE
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
Mechanix Wear LLC
28525 Witherspoon Pkwy
Valencia, California 91355
By phone: 800-222-4296
By email: email@example.com
If you fail to comply with all of the above requirements, your Notice may not be effective and we are not obligated to take any action related to the material you claim infringes. Please be aware that if you knowingly and materially misrepresent that any material or activity on the Sites is infringing your copyright, you may be held liable for damages (including for costs and attorneys’ fees) pursuant to Section 512(f) of the DMCA. It is our policy to disable and/or terminate access by users who are repeat infringers in appropriate circumstances.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Mechanix Wear will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Mechanix Wear on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
Where available, you may be asked to choose a user name, password, or other information as part of our security procedures. You must treat such information confidential, and not disclose it to any other entity. You agree to notify us immediately of any unauthorized access or use of your user name or password or any other breach of security.
ACCURACY AND INTEGRITY OF INFORMATION
Although Mechanix Wear attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Mechanix Wear so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Mechanix Wear shall have no responsibility or liability for information or Content posted to the Site from any non-Mechanix Wear affiliated third party.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Mechanix Wear's control, and Mechanix Wear is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. MECHANIX WEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY MECHANIX WEAR ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MECHANIX WEAR BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MECHANIX WEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Mechanix Wear LLC is based in the United States. We provide this Site for use only by persons in the United States. We make no claims that the Site or any of its content are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We are currently only able to take direct to consumer orders through our Site for our goods and services in the United States. If you are interested in purchasing our goods and services outside the United States, please see an Authorized Reseller.
EXPORT RESTRICTIONS; INDEMNITY
The manufacture, shipment, and delivery of all Products are subject to any prohibition, restriction, priority, allocation, regulation or condition imposed by, or on behalf of, the United States. You agree that you shall comply with all applicable import, export, and anti-corruption statutes and regulations of the United States. You agree to indemnify and hold us harmless from all claims, demands, damages, costs, fines, penalties, attorneys' fees and all other expenses arising from your failure to comply with this provision and/or applicable export control laws and regulations.
SUBMISSION TO JURISDICTION & VENUE; GOVERNING LAW; LIMITATION OF ACTION
Mechanix Wear LLC owns numerous patents and pending patent applications throughout the world. Various designs and products of Mechanix Wear LLC, its affiliates and its subsidiaries may be protected by one or more patents or covered by one or more pending patent applications. A list of products covered by our patents and intended to serve as notice under 35 U.S.C. §287(a) may be accessed here: www.mechanix.com/patents.
The Mechanix Wear name, logo, and all related names, service marks, logos, product and service names, designs, and slogans are trademarks of Mechanix Wear or its affiliates or licensors. Unless you are an Authorized Reseller, you must not use such marks without the prior written permission of Mechanix Wear. Resellers are permitted to use these marks in accordance with the guidelines in the Reseller Policy. All other names, logos, product and service names, designs, slogans on our Site are the trademarks of their respective owners and may only be used in accordance with their policies.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our Customer Service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Mechanix Wear agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Address inquiries concerning usage of Mechanix Wear trademarks, copyrights, designs, or patents to:
Mechanix Wear LLC
28525 Witherspoon Pkwy
Valencia, California 91355