Statement of Limitations


	Statement of Limitations This Statement of Limitations, which also incorporates the Statement Of Terms Through Use, and the Statement Of Privacy Policy, and any associated references, together constitute a single agreement (the “Entire Agreement” or this “Agreement”) for all purposes and applies to Web sites hosted by Integer-Comfab Enterprises LLC, a Connecticut limited liability company d/b/a mecanamix.com (“Mecanamix” or “Company”) or its affiliates or any other Web sites hosted by third parties utilizing all or any portion of the Mecanamix name (collectively the “Web site” or “Web sites”. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT. USER ACCESS TO AND USE OF THIS WEB SITE IS ALSO DEEMED TO BE DONE BASED ON YOUR OWN INITIATIVE AND RISK. IF YOU DO NOT AGREE WITH THE CONDITIONS OF USE, YOU ARE REQUESTED TO NOT USE THIS WEB SITE OR ACCESS ITS ARRAY OF PRODUCTS AND ANY SERVICES. General The Entire Agreement contains the entire agreement of the parties concerning any and all products, services and Content to be performed by the Company and supersedes all prior agreements or understandings, written or unwritten. No waiver or modification of the Entire Agreement or of any covenant, condition or limitation herein shall be valid unless presented in writing and signed by an authorized representative of the Company. All covenants contained herein are severable, and in the event of any being held invalid by any competent court, the Entire Agreement shall remain intact except for the omission of the invalid covenant. The paragraph and section headings in the Entire Agreement are for convenience of reference only. All references in the Entire Agreement to the “Company” or “Mecanamix” refer to Integer-Comfab Enterprises LLC, a Connecticut limited liability company, and no principal, employee, contractor or agent of Integer-Comfab Enterprises LLC shall be personally liable for the performance of any duties or obligations of, or the breach of the Entire Agreement by, such limited liability company. The Entire Agreement shall be governed by the laws of the State of Connecticut, U.S.A., and any action, claim or proceeding hereunder shall be commenced exclusively in the courts of the State of Connecticut or the federal courts of the United States of America located in Bridgeport, Connecticut, and the parties hereby irrevocably and unconditionally waive any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts. Comprehensive Limitation of Warranty The Company’s products and any services are provided with restricted rights. To the extent permitted by law, the Company is not liable for any of the following, even if informed of their possibility: loss of, or damage to data and equipment; lost or unrealized profits, business, revenue, or the impairment of goodwill; special, incidental, moral, or indirect damages, or for any special, indirect, incidental or consequential damages. The Entire Agreement also does not create any right or cause of action for any third party, nor will the Company be responsible for any third party claims against you, that are caused by the Company’s negligence for which the Company may be legally liable. Further, no action regardless of form, may be brought by you later than thirty (30) days after a cause for action has arisen. If no suit or other legal action is brought within that time period, your rights in respect to such claim will be forfeited and the Company will stand released from its obligations in respect to such claim. The Company makes no further representation or warranty, and further disclaims any liability and responsibility for all damages, general damages, losses, or risk of loss you may have incurred for any reason, to include your consequence of the direct, indirect, consequential, or implied use of any presented or offered Content information. The foregoing limitations, exclusions and disclaimers shall also apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. THE COMPANY IS NOT LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF ANY OF THE CONTENT. YOU ALSO UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, OR LOSS OF DATA THAT RESULTED FROM ANY DOWNLOADED CONTENT OR TRANSMISSION EVENT, AND THAT OUR PRODUCTS AND ANY SERVICES ARE PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” TOGETHER WITH THEIR ACCURACY, COMPLETENESS, CURRENTNESS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.WHEN ACCESSING OR RELYING ON ANY CONTENT AVAILABLE THROUGH THE COMPANY TO INCLUDE ANY SECURE SESSIONS, IT IS ALSO DONE AT YOUR OWN RISK. SUBJECT TO ANY STATUTORY WARRANTY PROVISIONS WHICH SHALL BE STRICTLY LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, MECANAMIX MAKES NO REPRESENTATIONS AND FURTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OF FITNESS OR FOR MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OF ALL INFORMATION, PRODUCTS, ANY SERVICES, AND LINKS MADE AVAILABLE (COLLECTIVELY, THE “CONTENT”). FURTHER, THE COMPANY MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE CONTENT TO CORRECTLY PROCESS INFORMATION. IT IS ALSO YOUR SOLE RESPONSIBILITY TO FULLY EVALUATE THE ACCURACY, COMPLETENESS, CURRENTNESS, AND USEFULNESS OF INFORMATIONAL RESULTS AND ANY ITEMS THAT MIGHT BE INTERPRETED AS ADVICE, SPECIFIC ADVICE, DERIVED LOGIC, GUIDANCE, INDICATIONS, OPINIONS, SOLUTIONS DERIVED OR OTHERWISE, OR ANY OTHER CONTENT, SUGGESTIVE OR OTHERWISE, THAT IS MADE AVAILABLE. ANY USER RELIANCE ON THE MATERIALS PRESENTED IS DONE SO SOLELY AT YOUR OWN RISK AS THE INFORMATIONAL PRODUCTS OFFERED ARE NOT GUARANTEED OR WARRANTED TO PRODUCE ANY PARTICULAR RESULTS, AND MAY NOT BE CONSIDERED TECHNICALLY SUITABLE FOR ANY APPLICATION A USER MAY HAVE. IF THERE IS ANY DOUBT, SEEK THE ADVICE OF EXPERTS AND OTHER PROFESSIONALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE LIABILITY OF THE COMPANY SHALL BE STRICTLY LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW, AS THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY FOR DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE ANY PRODUCT, PUBLICATION OR OTHER CONTENT INCLUDING, WITHOUT LIMITATION, TO DIRECT DAMAGES, INDIRECT DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, COMPENSATORY DAMAGES, AND/OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME OR PROFIT OR SAVINGS, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF INFORMATION OR PRIVACY, FOR LOSS FROM BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR FAILURE TO MEET ANY DUTY INCLUDING THOSE OF GOOD FAITH OR OF REASONABLE CARE OR TORT (INCLUDING NEGLIGENCE), FOR FAILURE TO PROVIDE SUPPORT SERVICES FOR ANY PROVISION OF THE CONTENT, FOR ANY THIRD-PARTY CLAIMS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF A BREACH OF CONTRACT OR BREACH OF WARRANTY AND THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF A DAMAGE INCIDENT. YOU ALSO AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY, SHALL NOT EXCEED YOUR LICENSE FEE AS VERIFIED BY YOUR PROOF OF ENTITLEMENT, THAT THE COMPANY’S SOLE OBLIGATION UPON DEFAULT IS TO REFUND YOUR LICENSE FEE IN FULL, THAT THE COMPANY SHALL HAVE NO LIABILITY IN EXCESS OF SUCH AMOUNT, AND THAT YOU ASSUME ALL OTHER COSTS. Indemnification Indemnification means that you agree to defend, indemnify, and hold harmless the Company and its principals, employees, contractors and agents plus any advertisers, other affiliated or contracted agents and companies, and authors and their respective employees or individuals, any contractors, and software as a service providers from all claims, liabilities, losses, and expenses including, without limitation, legal fees that may arise from your use or misuse of the Web site and any of its Content, and in any subsequent use or misuse and application or misapplication of any of the products, services, or any other information that you acquired through a license fee or received for free, or from your breach of any terms within the Entire Agreement. The Company also reserves the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall fully cooperate with the Company in its effort to assert any available defenses against your claim for damages, liability incurred, or loss. Applicable Law and Venue By accessing and using this Web site and any Content, you expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to any Content, whether based in contract, tort, or other law, shall be governed under the laws of the State of Connecticut, United States of America, excluding the United Nations Convention on Contracts for the International Sale of Goods, without regard to conflicts of law principles. You also expressly consent that the exclusive venue for any claim or action arising out of or relating to the Content shall be filed in either the Federal or State court located in Fairfield County, Connecticut, United States of America (U.S.A.), without trial by jury. You further agree and submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any such claim or action, and any legal proceedings, to include all documents presented in such proceedings, shall be conducted in the English language and that the English language version of this Entire Agreement also prevails over any other language version. Severability Should any provision of the Statement of Terms Through Use, Statement of Personal Privacy and this Statement of Limitations be determined to be invalid or unenforceable as a conflict of law, such invalid portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Company, and the remaining portions of the Statements shall remain in full force and effect as valid and enforceable, as unimpaired. Remedies You agree that “YOUR EXCLUSIVE REMEDY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, SHALL BE LIMITED TO A FULL REFUND OF YOUR PRODUCT LICENSE FEE”, as verified by your claim and Proof of Entitlement (PoE). A PoE is a copy of your paid sales receipt sent to us, which is evidence of your authorization to use a particular piece of Content. We will also ask you to delete that Content from your storage media when the transaction is verified and we initiate a refund to your credit card account. Force Majeure Force-Majeure means neither you nor the Company are responsible for failure to fulfill any obligations due to causes that are beyond reasonable control. Neither party will be liable for delays in processing your on-line credit card payment, the process of order fulfillment, or other non-performance caused by such events as telecommunications or utility or power failures, equipment failures, riots, war or lesser strife events, cyber-criminal or terrorist attack, non-performance of our suppliers and service providers, acts of God, or other causes over which each respective party has no reasonable control. Copyright and related Mark Notice The Company Web site and all its Content is protected by intellectual property and/or proprietary rights. Unauthorized duplication of copyright material or circumvention of any type of file access control or copy protection technology may result in severe civil and criminal penalties. For a description of our respective rights with respect to the publication or use of any Content, please click onto the Copyright Infringement Web page.


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Use of this Web site constitutes acceptance of the Statement of Privacy Policy, Statement of Terms through Use, and Statement of Limitations. If you do not agree to be bound by the conditions noted in the Statement of Terms through Use, please leave this Web site and thank you for your valuable time to consider our offerings.