User Agreement

This User Agreement (the "Agreement") is a legal agreement between you and 1113388 Ont. Ltd.("mcmech.ca") respecting your use of mcmech.ca services as described herein and on mcmech.ca’s website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE "I AGREE" BUTTON, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you have any questions or concerns about the terms of this agreement, please contact us at mcmech.ca.

The Services

mcmech.ca will provide users with the ability to order pre-packaged products for shipment to certain addresses (the "Services"). The Services are provided subject to the terms and conditions of this Agreement.

In order to use the Services, you must:

• be 18 years of age or older, or the age required to enter into binding agreements by the laws of the jurisdiction in which you reside or from which you access this website, whichever is greater;
• provide up-to-date, complete and accurate billing and shipping information, as specified on the website;
• provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you;
• and be at all times in compliance with the terms and conditions of this Agreement and applicable law.

You also agree that:

• You will be solely responsible for all activities with respect to the Services undertaken by you or under your name;
• You will not use the Services for any commercial purposes or for the benefit of any third party;
• You represent and warrant that you have the right and the authority to enter into this Agreement and to use the Services, and are of legal age to do so;
• You will comply with all applicable export and import control laws relating to your use of the Services, and will refrain from using the Services where such use would result in the breach of any laws having jurisdiction over you or in the product shipment destination;
• You will ensure that your use of the Services does not interfere with, degrade, or adversely affect any software, system, network or data used by any person including mcmech.ca and other users of the Services (including by ensuring that you do not upload any viruses or other harmful code in using the Services);
• You will not commit or attempt to commit fraud or any other crime, or facilitate the commission of any crime or other illegal or tortious acts, using the Services (including, but not limited to, claiming that products were never received when in fact they were, ordering products using a credit card that you are not authorized to use, etc.); and
• You will cooperate with mcmech.ca and provide information requested by mcmech.ca to assist mcmech.ca and/or relevant authorities in investigating or determining whether there has been a breach of this Agreement or applicable law.

mcmech.ca reserves the right to change, suspend or discontinue the Services at any time, including the availability of any content or any promotion offered by mcmech.ca. mcmech.ca may also impose limits on the Services without notice or liability, including limitations on product shipment destinations, and may refuse to fulfil any order placed by refunding you the money paid for such order.

Fees for Services

You agree to pay all applicable fees, as described on the website in connection with the Services selected by you, including payment for all products ordered, all applicable taxes, and all shipping, handling and customs charges. You authorize mcmech.ca to automatically charge you for any and all fees incurred by you. mcmech.ca reserves the right to change its price list and to institute new charges at any time. Your use of the Services following such changes constitutes your acceptance of any new or increased charges.

Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS OBTAINED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. mcmech.ca ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE, INCLUDING ANY TYPOGRAPHICAL ERRORS. UNDER NO CIRCUMSTANCES WILL mcmech.ca BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THE SERVICES OR THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED, AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. Without limiting the foregoing, mcmech.ca makes no representations or warranties whatsoever, whether express or implied, concerning any products obtained through the Services, and mcmech.ca will not be responsible or liable for the quality, condition, merchantability, edibility or other product characteristics of any products obtained through the Services. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

The only type of damages that can be recovered against mcmech.ca arising from or related to this Agreement including without limitation in relation to the provision of the Services, shall be your direct damages, if any. In no event shall the aggregate liability of mcmech.ca exceed the amount paid by you for the portion of the Services that gave rise to the claim. mcmech.ca SHALL HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR THE ACCURACY, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICES OR ANY PRODUCT.

EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL mcmech.ca BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, FAILURES TO TRANSMIT OR RECEIVE ANY DATA, PROBLEMS, LOSS OR DAMAGE ASSOCIATED WITH ANY USE OF THE SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF mcmech.ca HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Intellectual Property Rights, Third Party Information and Links

Neither you nor anyone acting on your behalf acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site. Any grants not expressly granted herein are reserved.

All contents of this site are © 2011 mcmech.ca All Rights Reserved. All brands, product names, company names, trademarks and service marks used herein are the properties of their respective owners, and are protected by applicable design, trade-mark or copyright law.

The content provided in this site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this site.

This site may contain references to third parties, links to third party websites or documents, and may incorporate information obtained from third parties. ALL SUCH REFERENCES, LINKS AND INFORMATION ARE PROVIDED "AS IS". Third party websites, documents, information, opinions, advice or statements are not under the control of mcmech.ca, and mcmech.ca is not responsible or in any way liable for their contents, including without limitation their accuracy, reliability, copyright compliance, legality, or any other aspect of their content. mcmech.ca provides such third party information to you only as a convenience, and the inclusion of any third party information does not imply endorsement by mcmech.ca of the third party in any way. Any dealings with third parties respecting the third party information, including without limitation any issues respecting products manufactured by third parties, are solely between you and the third party. mcmech.ca shall not be responsible or liable for any part of any such dealings. Other than to the limited extent required under applicable consumer protection law, under no circumstance will mcmech.ca be liable for any loss or damage caused by your reliance on information obtained through this website or a third party linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information or other content available through this website, or obtained from a third party linked site.

Indemnification

You agree to indemnify, defend and hold harmless mcmech.ca, its parents, subsidiaries, affiliates, officers and employees, including costs and attorneys fees, from any claim or demand made by any third party due to or arising out of: (a) your access to mcmech.ca ’s website, (b) your use or misuse of the Services or products obtained through the Services, (c) any breach of this Agreement by you, (d) the infringement by you, or any third party obtaining access to the Services or any products through you, of any intellectual property or other right of any person or entity, or (e) your violation of any third-party rights or any applicable laws. mcmech.ca reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with mcmech.ca, at your expense, in asserting any available defences.

Privacy

Your personal information will be handled in accordance with mcmech.ca ’s Privacy Policy. To view mcmech.ca’s Privacy Policy, please click here. Notwithstanding the foregoing, mcmech.ca reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Additionally, by submitting personal information to mcmech.ca pursuant to this Agreement, including without limitation your name, address and e-mail address, you consent to the collection, processing, transmission and disclosure of such information by mcmech.ca for the purposes of mcmech.ca ’s internal use and specifically the purposes for which such information has been requested, such as billing requirements.

Termination

mcmech.ca reserves the right, in its sole and complete discretion, to revoke your authorization to use the Services at any time with or without cause, for any reason or no reason. Upon such revocation, your right to use the Services and access this website will immediately cease.

Without limiting other remedies, mcmech.ca may issue you a warning, inform appropriate authorities and/or refuse to provide Services or access to this site to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) mcmech.ca is unable to verify or authenticate any information you provide; or (c) mcmech.ca believes that your actions may cause financial loss or legal liability for you, third parties or mcmech.ca.

The above-described actions are not mcmech.ca’s exclusive remedies and mcmech.ca may take any other legal, equitable or technical action it deems appropriate in the circumstances.

General Provisions

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties. There are no provisions, representations, undertakings, agreements, or collateral agreements between the parties other than as set out in this Agreement. This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement or to any contracts relating to goods or services obtained through this site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this Agreement and all related documents have been drawn up in English. 

Contact

If you have any questions regarding this Agreement, or if you have any legal concern relating to mcmech.ca or its business, please contact mcmech.ca