1.1 These terms of service shall govern your use of this site. As operated by Web Mechanics Ltd, a U.S.-based software Development Company.
1.2 By using this site, you accept these terms of service in full. As well, accordingly, if you disagree with these terms of service or any part of these terms of service, you must not use this site.
1.3 If you register with this site, submit any material to this site, or use any of this site's services, we will ask you to expressly agree to these terms of service.
1.4 You must be at least 18 years of age to use this site; by using this site or agreeing to these terms of service, you warrant and represent to us that you are at least 18 years of age.
2. Copyright notice
2.1 Copyright (c) Web Mechanics Ltd as of updated publication, 29 December 2022.
2.2 Subject to the express provisions of these terms of service:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights at this site and the material on this site; and
(b) all the copyright and other intellectual property rights of this site and the material on this site are reserved.
3. Permission to use this site
3.1 You may:
(a) view pages from this site in a web browser;
(b) download pages from this site for caching in a web browser;
(c) print pages from this site for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from this site using the media player on this site; and
(e) use this site services by means of a web browser,
subject to the other provisions of these terms of service.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms of service, you must not download any material from this site or save any such material to your computer.
3.3 You may only use this site for your own personal and/or business purposes; you must not use this site for any other purposes.
3.4 Except as expressly permitted by these terms of service, you must not edit or otherwise modify any material on this site.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from this site (including republication on another website);
(b) sell, rent, or sub-license material from this site;
(c) show any material from this site in public;
(d) exploit material from this site for a commercial purpose; or
(e) redistribute material from this site.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to suspend or restrict access to this site to areas of this site and/or to functionality upon this site. We may, for example, suspend access to this site during server maintenance or when we update this site. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this site.
4. Misuse of this site
4.1 You must not:
(a) use this site in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;
(b) use this site in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(c) hack or otherwise tamper with this site;
(d) probe, scan, or test the vulnerability of this site without our permission;
(e) circumvent any authentication or security systems or processes on or relating to this site;
(f) use this site to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
(g) impose an unreasonably large load on this site's resources (including bandwidth, storage capacity, and processing capacity);
(h) decrypt or decipher any communications sent by or to this site without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this site without our express written consent;
(j) access or otherwise interact with this site using any robot, spider, or other automated means, except for the purpose of search engine indexing;
(k) use this site except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for this site;
(m) use data collected from this site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
(n) do anything that interferes with the normal use of this site.
4.2 You must ensure that all the information you supply to us through this site, or in relation to this site, is true, accurate, current, complete, and non-misleading.
5. Use on behalf of an organization
5.1 If you use this site or expressly agree to these terms of service in the course of a business or other organizational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company, or other legal entity that operates that business or organizational project,
to these terms of service, and in these circumstances references to "you" in these terms of service are to both the individual user and the relevant person, company, or legal entity.
6. Registration and accounts
6.1 To be eligible for an account on this site under Section 6, you must be a resident or situated in one of the Countries listed in the Locations section.
6.2 You may register for an account with this site by completing and submitting the account registration form on this site and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.5 You must not use any other person's account to access the website unless you have that person's express permission to do so.
7. User login details
7.1 If you register for an account with this site, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on this site arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms of service, we will refund to you a pro-rate amount of your payment, such amount to be calculated by us using any reasonable methodology.
8.2 You may cancel your account on this site using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
9.1 We publish a directory of business products and/or services on this site and you may use the directory for such reasons as well as to make reviews as listed comments of such business products and/or services.
10.2 If we accept your free directory listing submission, it will remain published on this site for the relevant period set out on this site, subject to termination or deletion in accordance with these terms of service.
10.3 We may delete a free directory listing at any time, with or without notice to you.
11.2 You will have the opportunity to identify and correct input errors prior to making your order.
11.3 Paid submissions include the following benefits: Automatic re-listing and Featured status.
11.4 If we accept a paid directory submission, it will remain published on this site for the relevant period specified on this site, subject to termination or deletion in accordance with these terms of service.
11.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 11.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro-rata basis using any reasonable methodology.
12. Rules about directory submissions
12.1 Each submission to our directory must be a listing in respect of a specific listing category.
12.2 For the avoidance of doubt, your directory submissions constitute "your content" for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.
12.3 You must keep your directory submissions up to date using this site's interface.
12.4 Your directory submissions must not relate to any unlawful business, product, or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.
12.5 Without prejudice to our other rights under these terms of service, we reserve the right to reject or delete directory submissions that breach these terms of service, or that do not meet the additional guidelines for submissions published on this site.
12.6 If we reject or delete a directory submission in accordance with Section 12, we will not refund any applicable charges.
13.1 The fees in respect of this site services will be as set out on the website from time to time.
13.2 You must pay us the fees in respect of this site services in advance, in cleared funds, in accordance with any instructions on this site.
13.3 We may vary fees from time to time by posting new fees on this site, but this will not affect fees for services that have been previously paid.
13.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
13.5 If you make an unjustified credit card, debit card, or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of $25.00US; and
(d) all our reasonable costs, losses, and expenses incurred in recovering the amounts referred to in this Section 13.5 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statements, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.5.
13.6 If you owe us any amount under or relating to these terms of service, we may suspend or withdraw the provision of services to you.
13.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
14. Our role
14.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their creditworthiness or bona fides, or otherwise vet them;
(b) we do not check, audit, or monitor the information contained in advertisements or listings;
(c) we are not a party to any contract for the sale or purchase of products, digital products, or services advertised or listed on the website;
(d) we are not involved in any transactions between website users in any way;
(e) we are not the agents for any website users,
and accordingly, we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.
14.2 The provisions of this Section 14 are subject to Section 19.1.
15. Our rights to use your content
15.1 In these terms of service, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or this site for storage or publication on, processing by, or transmission via, this site.
15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to reproduce, store and, with your specific consent, publish your content on and in relation to this website.
15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.
15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.
15.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
15.6 You may edit your content to the extent permitted using the editing functionality made available on this site.
15.7 Without prejudice to our other rights under these terms of service, if you breach any provision of these terms of service in any way, or if we reasonably suspect that you have breached these terms of service in any way, we may delete, unpublish or edit any or all of your content.
16. Rules about your content
16.1 You warrant and represent that your content will comply with these terms of service.
16.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
16.3 Your content, and the use of your content by us in accordance with these terms of service, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime, or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory; or
(r) cause annoyance, inconvenience, or needless anxiety to any person.
16.4 Your content must be appropriate, civil, tasteful, and in accord with generally accepted standards of etiquette and behavior on the internet.
16.5 You must not use this site to link to any website or web page consisting of or containing material that would, were it posted on this site, breach the provisions of these terms of service.
16.6 You must not submit to this site any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
17. Report abuse
17.1 If you learn of any unlawful material or activity on this site or any material or activity that breaches these terms of service, please let us know.
17.2 You can let us know about any such material or activity by email or using our Contact Us form.
18. Limited warranties
18.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on this site;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
18.2 We reserve the right to discontinue or alter any or all of this site services, and to stop publishing this site, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms of service, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
18.3 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms of service, this site, and the use of this site.
19. Limitations and exclusions of liability
19.1 Nothing in these terms of service will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
19.2 The limitations and exclusions of liability are set out in Section 19 and elsewhere in these terms of service:
(a) are subject to Section 19.1; and
(b) govern all liabilities arising under these terms of service or relating to the subject matter of these terms of service, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty, except to the extent expressly provided otherwise in these terms of service.
19.3 To the extent that this site and the information and services on this site are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database, or software.
19.7 We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms of service (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms of service shall not exceed the greater of:
(a) $13.00US; and
(b) the total amount paid and payable to us under the contract.
20.1 You hereby indemnify us and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of this site or any breach by you of any provision of these terms of service.
21. Breaches of these terms of service
21.1 Without prejudice to our other rights under these terms of service, if you breach these terms of service in any way, or if we reasonably suspect that you have breached these terms of service in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to this site;
(c) permanently prohibit you from accessing this site;
(d) block computers using your IP address from accessing this site;
(e) contact any or all of your internet service providers and request that they block your access to this site;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on this site.
21.2 Where we suspend or prohibit or block your access to this site or a part of this site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
22. Third-party websites
22.1 This site includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
22.2 We have no control over third-party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
23.1 MarketRoad.org, our logos, and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
23.2 The third-party registered and unregistered trademarks or service marks on this site are the property of their respective owners and, unless stated otherwise in these terms of service, we do not endorse and are not affiliated with any of the holders of any such rights and as such, we cannot grant any license to exercise such rights.
24.1 From time to time we may run competitions, free prize draws, and/or other promotions on this site.
24.2 Competitions will be subject to separate terms of service (which we will make available to you as appropriate).
25.1 We may revise these terms of service from time to time.
25.2 The revised terms of service shall apply to the use of this site from the date of publication of the revised terms of service on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms of service.
25.3 If you have given your express agreement to these terms of service, we will ask for your express agreement to any revision of these terms of service; and if you do not give your express agreement to the revised terms of service within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
26.1 You hereby agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms of service.
26.2 You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms of service.
27.1 If a provision of these terms of service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
27.2 If any unlawful and/or unenforceable provision of these terms of service would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
28. Third-party rights
28.1 A contract under these terms of service is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
28.2 The exercise of the party's rights under a contract under these terms of service is not subject to the consent of any third party.
29. Entire agreement
29.1 Subject to Section 19.1, these terms of service, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of this site and shall supersede all previous agreements between you and us in relation to your use of this site.
30. Law and jurisdiction
30.1 These terms of service shall be governed by and construed in accordance with U.S. Federal law.
30.2 Any disputes relating to these terms of service shall be subject to the exclusive jurisdiction of the courts of Denver, CO, United States of America.
31. Statutory and regulatory disclosures
31.1 We will not file a copy of these terms of service specifically in relation to each user or customer and, if we update these terms of service, the version to which you originally agreed will no longer be available on this site. We recommend that you consider saving a copy of these terms of service for future reference.
31.2 These terms of service are available in the American English language only.
32. Our details
32.1 This business directory and community link is owned and operated by Web Mechanics Ltd.
32.2 An entity registered in the State of Colorado under registration number 20201251181.
32.3 Whose principal mailing address is at; 704 Metcalf Rd, Thomasville, GA 31792.
32.4 You can make contact:
(a) by post, to the postal address given above;
(b) using this site contact form;
(c) by telephone, on the contact number published on this site; or
(d) by email, using the email address published on this site.