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Terms of Service

Terms of Use

This page states the Terms of Use ("Terms") under which you ("You") may use the MechanicHunter Sites and the MechanicHunter Services (each as defined below).

These Terms constitute a binding agreement between You and MechanicHunter LLC. or the MechanicHunter company operating the Web site for the country in which You live or in which business is headquartered (“MechanicHunter”), and are deemed accepted by You each time that You use or access any MechanicHunter Site or MechanicHunter Services. If You do not accept the Terms stated here, do not use the MechanicHunter Sites and the MechanicHunter Services.

The MechanicHunter Sites are defined as any Web sites under MechanicHunter’s control, whether partial or otherwise (including, without limitation, the MechanicHunter Sites and the Web site from which these terms of use were accessed from). The MechanicHunter Sites include a variety of features and services, including an on-line service to list and search repair facilities, to post and view service facility reviews and to post and search employment opportunities (“MechanicHunter Services”).

MechanicHunter may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.

Users who violate these Terms may have their access and use of the MechanicHunter Sites suspended or terminated, at MechanicHunter’s discretion.

Use of MechanicHunter Content

MechanicHunter and its content are made available only to provide information. You, the user, are responsible for compliance with all applicable laws and regulations. MechanicHunter and its affiliates, partners, principals, employees, participating mechanic’s and auto repair facilities, agents and representatives (collectively, its “Representatives”) make no representations or warranties about the accuracy, timeliness, reliability, suitability or any other aspect of this Site or any content on or accessed through this Site for any purpose, all of which is provided “as is” and “as available” without any warranty of any kind, including but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Site.

MechanicHunter authorizes You to view and access a single copy of the content available on or from the MechanicHunter Sites solely for your personal use. The contents of the MechanicHunter Sites such as text, graphics, images, logos, button icons, software and other MechanicHunter content (collectively, "MechanicHunter Content"), are protected under both United States and foreign copyright, trademark and other laws. All MechanicHunter Content is the property of MechanicHunter or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the MechanicHunter Sites is the exclusive property of MechanicHunter and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the MechanicHunter Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original MechanicHunter Content on any authorized copy You make of the MechanicHunter Content.

You agree not to sell or modify the MechanicHunter Content or reproduce, display, publicly perform, distribute, or otherwise use the MechanicHunter Content in any way for any public or commercial purpose, in connection with products or services that are not those of the MechanicHunter Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits MechanicHunter or its licensors, that dilutes the strength of MechanicHunter's or its licensor’s property, or that otherwise infringes MechanicHunter's or its licensor’s intellectual property rights. You further agree to in no other way misuse MechanicHunter Content that appears on this Site. The use of the MechanicHunter Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that MechanicHunter creates to generate or display any MechanicHunter Content or the pages making up any MechanicHunter Site is also protected by MechanicHunter's copyright and you may not copy or adapt such code.

You acknowledge that the utilization of the Symptom Search functionality and any service type suggestions provided are based solely on information you provided and are given without an inspection of the vehicle in question. Accordingly the answer or advice is only general in nature and cannot be treated as specific to your vehicle. It is intended to assist you in limiting your search results to a service providers who may be the most relevant to your needs and should not be relied upon as a definitive resolution of your question or issue. It is strongly recommended that you take your vehicle to one of our participating mechanics or auto repair facilities for proper diagnosis and repair. MechanicHunter is not liable for damage or injury to property, your vehicle or persons if you simply act in reliance on the answer or advise provided. MechanicHunter does not make any warranty of any kind or nature concerning the quality or reliability of any such answer or advice.

MechanicHunter Site Restrictions.

Users may not use any MechanicHunter Site in order to transmit, post, distribute, store or destroy material, including without limitation, MechanicHunter Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any MechanicHunter Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or 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 any MechanicHunter Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. MechanicHunter will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, MechanicHunter reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in MechanicHunter’s sole discretion from time to time.

Specific Prohibited Uses.

The job posting and other features of the MechanicHunter Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.

MechanicHunter specifically prohibits any other use of the MechanicHunter Sites, and all Users agree not to do any of the following: (a) post any jobs on any MechanicHunter Site for any competitor of MechanicHunter or post jobs or other content that contains links to any site competitive with MechanicHunter; (b) post jobs or content on any MechanicHunter Site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post or submit to any MechanicHunter Site any incomplete, false or inaccurate biographical information or information which is not your own; (d) delete or revise any material posted by any other person or entity; (e) take any action that imposes an unreasonable or disproportionately large load on any MechanicHunter Site's infrastructure; (f) notwithstanding anything to the contrary contained herein, 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 any MechanicHunter Site other than the search engine and search agents available from MechanicHunter on such MechanicHunter Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (g) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any MechanicHunter Site; (h) aggregate, copy or duplicate in any manner any of the MechanicHunter Content or information available from any MechanicHunter Site, without express written consent from MechanicHunter; or (i) frame or link to any MechanicHunter Content or information available from any MechanicHunter Site.

MechanicHunter does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact our designated agent set forth in Section 10 below.

If notified by a User of User Content (as defined in Section 6 below) or other materials which allegedly do not conform to these Terms, MechanicHunter may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. MechanicHunter has no liability or responsibility to Users for performance or nonperformance of such activities.

Registration Information.

When You register with any MechanicHunter Site, You will be asked to create an account and provide MechanicHunter with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with MechanicHunter's Privacy Policy.

MechanicHunter reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by MechanicHunter or by third parties. Please see MechanicHunter's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, MechanicHunter does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any MechanicHunter Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from MechanicHunter will be marked as deleted in MechanicHunter's databases and will be removed from any public area of the MechanicHunter Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through MechanicHunter’s web servers. In addition, third parties may retain cached copies of your Information.

User Content and Submissions.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a MechanicHunter Site ("User Content") is the sole responsibility of the person from which such User Content originated. MechanicHunter claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through MechanicHunter and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through MechanicHunter, you grant MechanicHunter a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through MechanicHunter. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant MechanicHunter a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting MechanicHunter services. MechanicHunter will discontinue this licensed use within a commercially reasonable period after such User Content is removed from MechanicHunter. MechanicHunter reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any MechanicHunter Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any MechanicHunter Site retains any and all rights that may exist in such User Content.

MechanicHunter acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, MechanicHunter may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any MechanicHunter Site. MechanicHunter reserves the right to expel Users and prevent their further access to the MechanicHunter Sites and/or use of the MechanicHunter Services for violating the Terms or applicable laws, rules or regulations. MechanicHunter may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for MechanicHunter, damage MechanicHunter’s brand or public image, or cause MechanicHunter to lose (in whole or in part) the services of its ISPs or other suppliers.

MechanicHunter does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the MechanicHunter Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
2) harasses, incites harassment or advocates harassment of any group or individual;
3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5) promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
6) contains restricted or password only access pages, or hidden pages or images;
7) displays or links to pornographic, indecent or sexually explicit material of any kind;
8) provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
9) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
10) solicits passwords or personal identifying information from other Users.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, MechanicHunter may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. MechanicHunter has no liability or responsibility to Users for performance or nonperformance of such activities.

We appreciate hearing from our Users and welcome your comments regarding our services and the MechanicHunter Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of MechanicHunter. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. MechanicHunter shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

Registration and Password.

You are responsible for maintaining the confidentiality of your account, Profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your MechanicHunter Site registrations and passwords, whether or not authorized by You. You agree to immediately notify MechanicHunter of any unauthorized use of your employer account, Profile, passwords or passwords, as the case may be.

Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any MechanicHunter Site and is accessible on such MechanicHunter Site in a way that constitutes copyright or trademark infringement, please contact us at administrator@mechanichunter.com.

Policy Regarding Termination Of Users Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others.

MechanicHunter LLC, and all of its affiliated companies respect the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the MechanicHunter Sites, You agree not to use any MechanicHunter Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any the MechanicHunter Sites Users, and block access to the MechanicHunter Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

MechanicHunter's Liability.

The MechanicHunter Sites act as a venue for repair facilities to communicate their services and amenities and employers to post job opportunities and does not screen or censor the listings. MechanicHunter is not involved in the actual transaction between consumers and service providers and employers and candidates. As a result, MechanicHunter has no control over User Content, the quality, safety or legality of the jobs, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates and MechanicHunter makes no representations about any service provider information, jobs or User Content on the MechanicHunter Sites. MechanicHunter may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for MechanicHunter, damage MechanicHunter’s brand or public image, or cause MechanicHunter to lose (in whole or in part) the services of its ISPs or other suppliers. While MechanicHunter reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the MechanicHunter Sites from time to time, MechanicHunter does not assume any obligation to do so and disclaims any liability for failing to take any such action.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through the MechanicHunter Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the MechanicHunter Sites.

Because User authentication on the Internet is difficult, MechanicHunter cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any MechanicHunter Site, in the event that You have a dispute with one or more Users, You release MechanicHunter (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

The MechanicHunter Sites and the MechanicHunter Content may contain inaccuracies or typographical errors. MechanicHunter makes no representations about the accuracy, reliability, completeness, or timeliness of any MechanicHunter Site or the MechanicHunter Content. The use of all MechanicHunter Sites and the MechanicHunter Content is at your own risk. Changes are periodically made to MechanicHunter Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the MechanicHunter Sites. Employers are solely responsible for their postings on MechanicHunter Sites. MechanicHunter is not to be considered to be an employer with respect to your use of any MechanicHunter Site and MechanicHunter shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any MechanicHunter Site.

MechanicHunter cannot guarantee and does not promise any specific results from use of the MechanicHunter Sites. No advice or information, whether oral or written, obtained by a User from MechanicHunter through or from any MechanicHunter Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty.

MECHANICHUNTER DOES NOT WARRANT THAT ANY MECHANICHUNTER SITE WILL OPERATE ERROR-FREE OR THAT ANY MECHANICHUNTER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MECHANICHUNTER SITE OR THE MECHANICHUNTER CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MECHANICHUNTER IS NOT RESPONSIBLE FOR THOSE COSTS. THE MECHANICHUNTER SITES AND MECHANICHUNTER CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MECHANICHUNTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MECHANICHUNTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MECHANICHUNTER CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL MECHANICHUNTER, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MECHANICHUNTER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MECHANICHUNTER SITE AND THE MECHANICHUNTER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MECHANICHUNTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability.

MECHANICHUNTER'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MECHANICHUNTER SITE OR YOUR USE OF THE MECHANICHUNTER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites.

The MechanicHunter Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by MechanicHunter of the contents on such third-party Web sites. MechanicHunter is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any MechanicHunter Site.

Indemnity.

You agree to defend, indemnify, and hold harmless MechanicHunter, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any MechanicHunter Site, (ii) your use of any MechanicHunter Content, or (iii) your breach of the terms of these Terms. MechanicHunter shall provide notice to You promptly of any such claim, suit, or proceeding.

General.

MechanicHunter makes no claims that the MechanicHunter Content may be lawfully viewed or accessed outside of the United States. Access to the MechanicHunter Content may not be legal by certain persons or in certain countries. If You access MechanicHunter.com or any other U.S. based MechanicHunter Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed by the internal substantive laws of the state of Minnesota, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Winona, Minnesota. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, MechanicHunter’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect MechanicHunter’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the MechanicHunter Sites, a particular "Legal Notice," or software license or material on particular MechanicHunter Site pages, these Terms constitute the entire agreement between You and MechanicHunter with respect to the use of the MechanicHunter Sites. No changes to these Terms shall be made except by a revised posting on this page.

Additional Terms.

Certain areas of the MechanicHunter Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas. By using any areas of this website or the other MechanicHunter Sites that contain Google Maps, you agree to be bound by the Google Maps Terms of Use available at http://maps.google.com/help/terms_maps.html and the legal notices available at http://www.maps.google.com/help/legalnotices_maps.html as they may be updated from time to time.

Term and Termination.

These Terms will remain in full force and effect while You are a User of the MechanicHunter Sites at any level. MechanicHunter reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the MechanicHunter Sites and the other MechanicHunter Sites and immediate termination of your registration with or ability to access the MechanicHunter Sites and the other MechanicHunter Sites and/or any other services provided to You by MechanicHunter, upon any breach by You of these Terms or if MechanicHunter is unable to verify or authenticate any information You submit to MechanicHunter.com or pursuant to other MechanicHunter Site registration. Even after You are no longer a User of the MechanicHunter Sites, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8 through 17, inclusive.

These Terms constitute a binding agreement between You and MechanicHunter LLC, and is accepted by You upon your use of a MechanicHunter Site.