Terms of Use

These Terms of Use (the “Terms of Use”) apply to the Mechanix Wear, Inc. website located at Mechanix.com, and to other Mechanix Wear websites, if any, which link to these Terms of Use (collectively, the “Site”). The Site is the property of Mechanix Wear, Inc., its subsidiaries and affiliates (collectively, Mechanix Wear) and its licensors. Mechanix Wear reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mechanix Wear or others.

Please reference our Privacy Policy for a description of our practices with respect to the collection, use and sharing of personal information. If you are an Authorized Reseller, these Terms of Use may be supplemented by our Reseller Policy, which may contain additional and superseding terms in connection with reselling our goods and services.

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.

These terms of use provide that all disputes between you and mechanix wear will be resolved by binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these terms of use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the section below entitled dispute resolution; arbitration agreement for the details regarding your agreement to arbitrate any disputes with Mechanix Wear. 

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.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way for publication or distribution or for any commercial enterprise, without Mechanix Wear's express prior written consent. Resellers may use certain Content in accordance with the Reseller Policy.

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


Where available, all purchases to consumers through our Site or other transactions for the sale of goods or services to consumers formed through the Site or as a result of visits made by consumers are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Our Reseller Policy governs our Authorized Resellers when they resell our goods and services. Additional terms and conditions stated on our website may apply to specific portions or features of the Site, all of which terms are made a part of these Terms of Use by this reference.

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.

  1. Identify the copyrighted works that you claim have been infringed.
  2. 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.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. 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."
  5. Provide your full legal name and your electronic or physical signature.
    Deliver this Notice, with all items completed, to our Copyright Agent:


    Mechanix Wear, Inc.
    Legal Counsel
    28525 Witherspoon Pkwy
    Valencia, California 91355
    USA

    By phone: 800-222-4296
    By email: legal@mechanix.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.

SITE SECURITY


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, if you purchase from our Site or otherwise access some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of our use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

WARRANTY DISCLAIMERS


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.

GEOGRAPHIC LIMITATIONS


Mechanix Wear, Inc. 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


Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these Terms of Use shall be brought against either of the parties in the state or federal courts located in California, and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue, including any defense of inconvenient forum. A final judgment in any action or proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.

These Terms of Use shall be governed by the laws of California without giving effect to any choice or conflict of law principle, provision or rule, whether of California or any other jurisdiction that would cause the application of the laws of any jurisdiction other than California. The United Nations Convention on the International Sale of Goods shall not apply to these Terms of Use.

Any and all claims arising out of or related to these Terms of Use, or any agreement related to these Terms of Use or executed concurrently with this Agreement, or the relationship of the parties shall be barred unless commenced within one (1) year from the date the complaining party knew or should have known of the facts giving rise to such claim, or the statute of limitations applicable to that claim under California law, whichever is shorter.

PATENT INFORMATION


Mechanix Wear, Inc. owns numerous patents and pending patent applications throughout the world. Various designs and products of Mechanix Wear, Inc., 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.

MISCELLANEOUS


If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Mechanix Wear with regard to your use of the Site. Mechanix Wear's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Mechanix Wear of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Mechanix Wear and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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 Mechanix Wear agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered or purchased through the Site when this capability is made available for you, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Mechanix Wear are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Mechanix Wear.

If you desire to assert a claim against Mechanix Wear, and you therefore elect to seek arbitration, you must first send to Mechanix Wear, by certified mail, a written notice of your claim ("Notice"). The Notice to Mechanix Wear should be addressed to: Mechanix Wear, Inc., Attn: Legal Department or General Counsel, at 28525 Witherspoon Parkway, Valencia, California 91355 ("Notice Address"). If Mechanix Wear desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Mechanix Wear, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Mechanix Wear and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Mechanix Wear may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Mechanix Wear or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Mechanix Wear receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Mechanix Wear and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Mechanix Wear’s last written settlement offer made before an arbitrator was selected (or if Mechanix Wear did not make a settlement offer before an arbitrator was selected), then Mechanix Wear will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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.

If this arbitration provisions are found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Los Angeles County, California.

Address inquiries concerning usage of Mechanix Wear trademarks, copyrights, designs, or patents to:

Mechanix Wear, Inc.
Legal Department
28525 Witherspoon Pkwy
Valencia, California 91355
USA
800-222-4296

legal@mechanix.com

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All trademarks are registered and/or unregistered trademarks of Mechanix Wear, Inc., its affiliates or subsidiaries.