Last Updated: November 25, 2017
Before using any of the WP Mechanic services, you are required to read, understand and agree to these terms.
Acceptance of Terms
The web pages available at wpmechanic.pro and all linked pages (“Website”), are owned and operated by WP Mechanic, LLC. (“WP Mechanic”) and is accessed by you under the Terms of Service described below (“Terms”).
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. WP Mechanic has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
WP Mechanic reserves the right to change any and all Content and features of our Website, at any time without notice. While our Website is currently free to use, we may begin charging for use of all or part of its features at any time, without notice to you. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. WP Mechanic assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member Content. WP Mechanic is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will WP Mechanic be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
Our Website is provided “As-Is,” “As Available,” with “All Faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our Website may contain bugs, errors, problems or other limitations. WP Mechanic, including all our affiliates, have no liability whatsoever for your use of our Website, other than as specified in our Terms. WP Mechanic cannot guarantee and does not promise any specific results from use of our Website. WP Mechanic does not represent or warrant that our Website is accurate, complete, reliable, current or error-free or that it is free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized programs to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our website is disclaimed. Without limiting the foregoing, you understand and agree that you use our Website at your own risk and that you will be solely responsible for your use thereof and any damages to you, your mobile device or computer system, or other harm of any kind that may result. We, as well as all of our affiliates, are not liable for any indirect, special, incidental or consequential damages (including damages for loss of income, business, profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and WP Mechanic. Our Website would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our Website shall create any warranty, representation or guarantee not expressly stated in our Terms.
Limitation of Liability
WP Mechanic, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
WP Mechanic and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. WP Mechanic and its affiliates have no liability and will make no warranty, refund, or other restitution to you with regards to our Website, other than as specified herein, for any reason, including, but not limited to, delays, cancellations, strikes, governmental issues, or force majeure.
In no event will WP Mechanic or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any losses arising from your use of our Website, even if WP Mechanic is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WP Mechanic’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to your ceasing use of our Website.
WP Mechanic and it’s affiliates are not liable for damages, perceived or otherwise due to lost time, site error, software failure, hardware failure, third party transgression or attack, for any cause whatsoever in accordance with the use of our Site Care plans or services rendered.
Non-Payment of Services
In the event of non-payment for services rendered without adequate reason and outside of normal payment terms, WP Mechanic reserves the right to add an additional 10% cost penalty accrued per each month late and to reverse changes performed per our discretion. WP Mechanic also reserves the right to refuse service until previous services have been compensated.
WP Mechanic reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, WP Mechanic will notify you by posting an announcement on the site. What constitutes a material change will be determined at WP Mechanic’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind WP Mechanic in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. WP Mechanic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond WP Mechanic’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. WP Mechanic may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Montana between two residents thereof, and the parties submit to the exclusive jurisdiction of Montana courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.