Terms & Conditions
AGREEMENT

This Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between MachineryRepairNetwork.com .com,
("MachineryRepairNetwork.com .com," "we," "us") and you ("you," "your") who agree to the terms of this Agreement by clicking the "I AGREE" checkbox on the Professional Registration form under "Part C: Agreements." This Agreement is made to be effective as of the date accepted by MachineryRepairNetwork.com  following your execution and submission of this Agreement by clicking the "I AGREE" checkbox on the Professional Registration form under "Part C: Agreements". This Agreement governs your use of the MachineryRepairNetwork.com  Web Site (the "Web Site") and transactions conducted through this Web Site including, but not limited to, the billing and payment services described herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows:

1. CLICK THE "I AGREE" CHECKBOX

By using the Web Site and clicking the "I AGREE" checkbox on the Professional Registration form under "Part C: Agreements," you acknowledge your acceptance of the terms and conditions of this Agreement. By affirmatively clicking the “I AGREE” checkbox, you are simultaneously (i) registering as a "Registered User" (as defined herein), (ii) designating yourself as a "Professional," a "MachineryRepairNetwork.com " or a "MachineryRepairNetwork.com VENDOR" (each as defined in Section 3 below), (iii) designating your "Membership Level" (as defined in Section 3), (iv) making certain representations and warranties, as further described in Section 13; and (v) agreeing to the terms and conditions of this Agreement. If you do not accept this Agreement, you are not authorized to use the Web Site. If you have any questions about this Agreement, please contact info@machineryrepairnetwork.com. The term "Registered Users" includes all individuals or entities who have Registered through the MachineryRepairNetwork.com  Web Site. The term "Registered Professional(s)" includes Professional(s), MachineryRepairNetwork.com (s) and MachineryRepairNetwork.com VENDOR(s). The term "Individual Professional(s)" includes all Registered Professional(s) not operating as a corporation, partnership or limited liability company.

2. BACKGROUND

The Web Site provides a venue for Registered Professionals to simplify their search for part time and/or consulting opportunities by having the ability to find projects online. Via the Web Site, we provide certain information about our products, services and users, and certain other third party information. We may add, delete or modify some or all of the Services and information at any time, at our sole discretion.

www.MachineryRepairNetwork.com.com ("MachineryRepairNetwork.com.com"), an on-line service to post and search employment opportunities and User (as defined below) resumes. MachineryRepairNetwork.com.com features MachineryRepairNetwork.com Networking, an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. MachineryRepairNetwork.com.com also allows Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.

3. PROFESSIONALS

By clicking the "I AGREE" checkbox on the Professional Registration form under "Part C: Agreements" and registering with the MachineryRepairNetwork.com Web Site, you are designating yourself as a "Registered Professional." Registered Professionals are professionals with specific skill sets who are looking for part time and/or consulting opportunities.

4. SCOPE OF SERVICES

MachineryRepairNetwork.com shall provide services to both Registered Professionals and "Companies." "Companies" are entities looking for professionals to perform a specific set of services on a part time and/or consulting basis.

A. We do not control the actual transactions between Registered Professionals and Companies. Accordingly, we do not set, endorse, or warrant in any way: (i) the price, contract terms, quality, conformance or legality of the services or jobs advertised or offered; (ii) the ability of Companies to offer employment or any other type of working relationship; (iii) the ability of Professionals to offer services and/or perform accordingly; or (iv) the accuracy of any representation made by Professionals. We cannot and do not control whether any Company will complete the work they offer. We are not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Registered Users. From time to time, we will provide features and services which either are or shall be set forth in separate sections of the Web Site, which are subject to the terms of this Agreement, but are also subject to the additional terms and pricing specified on the Web Site. With respect to these features and services provided on our Web Site, you will be charged, and agree to pay us any fees, as set forth in separate sections of the Web Site detailing such features and services.

B. You are an independent contractor of MachineryRepairNetwork.com


C. BY CLICKING “I AGREE” TO THIS AGREEMENT, YOU ACKNOWLEDGE AND YOU HEREBY RELEASE MACHINERYREPAIRNETWORK.COM AND OUR AFFILIATES, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY DAMAGES OR LIABILITY WHATSOEVER RELATED TO YOUR ENGAGEMENT BY A COMPANY OR OUR SERVICES. YOU FURTHER AGREE TO INDEMNIFY MACHINERYREPAIRNETWORK.COM AND ALL OF OUR AFFILIATES AGAINST ANY AND ALL DAMAGES OR LIABILITY THAT WE MAY INCUR, INCLUDING ATTORNEYS FEES AND COSTS, IN CONNECTION WITH OUR PROVISION OF SERVICES TO YOU, INCLUDING WITHOUT LIMITATION THE ESCROW SERVICES AND DISPUTE RESOLUTION SERVICES.

5. SYSTEM INTEGRITY

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Web Site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques.

6. INFORMATION POSTED ON THE WEB SITE

A. You are solely responsible for information that you post on our Web Site, including but not limited to (i) any audio, video or photographic content (collectively, "Multimedia Content"), (ii) any posting or listing made in any public message area, through any email feature or through MachineryRepairNetwork.com  feedback feature (collectively, "Non-Multimedia Content") and (iii) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies ("Personal Content"). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein. You hereby assign to MachineryRepairNetwork.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing MachineryRepairNetwork.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on our site which we believe is inappropriate, including but not limited to termination of this Agreement pursuant to Section 10C. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the MachineryRepairNetwork.com Web Site is provided "AS IS" and may contain inaccuracies or errors.

B. The Web Site may contain links to third-party web sites not under the control or operation of MachineryRepairNetwork.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

7. PROCESS

When you complete any assignment (or a portion of any assignment) for which you have been engaged by a Company ("Assignment") for a Company, you agree to complete the electronic invoice form (the "Invoice") and submit it to MachineryRepairNetwork.com via the MachineryRepairNetwork.com Web Site. In other words, a Professional must complete and submit an Invoice to MachineryRepairNetwork.com for each and every Assignment. You agree to provide MachineryRepairNetwork.com with a list of items, including, but not limited to, hours worked, payment required and description of Assignment(s), to be included on the Invoice ("Invoice Details"). Such Invoice Details will not be final until and unless you have authorized their inclusion or waived the right to review such Invoice Details. If you waive your right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by MachineryRepairNetwork.com. MACHINERYREPAIRNETWORK.COM ENCOURAGES ALL PROFESSIONALS TO REVIEW INVOICE DETAILS PRIOR TO THEIR INCLUSION IN THE INVOICE TO BE SENT TO A COMPANY. Due to the inherent nature of the Internet and electronic communication transactions, MachineryRepairNetwork.com cannot take responsibility for the accuracy of all transmissions of Registered Professional Invoices..

8. RELATIONSHIP AND OBLIGATIONS OF PARTIES

A. MachineryRepairNetwork.com provides Services for Registered Users, including you, other Registered Professionals and Companies “Employers”. All parties are independent contractors vis-à-vis MachineryRepairNetwork.com with respect to all matters arising out of this Agreement. No Registered User shall be considered the employee, agent, partner or joint venturer of MachineryRepairNetwork.com and MachineryRepairNetwork.com shall not be considered the employer, agent, partner or joint venturer of any Registered User.  We are only a linking network.  After the Registered Professionals and the Employers Link together MachineryRepairNetwork.com has no other relationship between the parties.

B. MachineryRepairNetwork.com is not responsible for any wage withholdings nor is MachineryRepairNetwork.com  responsible for the determination of whether any sales and use taxes would apply.

C. You agree that MachineryRepairNetwork.com, by providing the Services hereunder, does not accept liability as an employer - either singularly or jointly - and that your employment/independent contractor status as such status pertains to your relationship with MachineryRepairNetwork.com is solely determined by this Agreement. You further agree and understand that MachineryRepairNetwork.com  will not in any way be involved in the terms and conditions of your employment or contracting arrangement with any Company and that any services you provide are provided by and under separate agreement by you and such Company. MachineryRepairNetwork.com is not responsible for and will not control the manner in which you operate and is not involved in your hiring, firing, discipline or working conditions. MachineryRepairNetwork.com will not provide you with any materials or tools with which to complete any projects you accept. Any problems, complaints or questions regarding the work environment, performance or other terms and conditions of employment and/or contracting must be resolved by and between you and any Company by which you are engaged.

D. You agree that you will abide by any and all applicable non-discrimination, employment, tax and other federal and state statutes, regulation or common law. You agree to hold harmless and indemnify MachineryRepairNetwork.com its affiliates, employees, contractors and agents for any and all liability arising from a violation of any such statute, regulation or common law.

E. You agree to and acknowledge MachineryRepairNetwork.com’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by MachineryRepairNetwork.com in an effort to investigate fraud.

9. PAYMENT TERMS

A. If, when choosing your Membership Level, you designate yourself as a MachineryRepairNetwork.com or a MachineryRepairNetwork.com VENDOR, you agree to pay to MachineryRepairNetwork.com a subscription fee for such level of membership. You hereby agree and acknowledge that such subscription fee shall be non-refundable.

B. You are responsible for payment and reporting of any taxes. MachineryRepairNetwork.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by MachineryRepairNetwork.com . MachineryRepairNetwork.com reserves the right to change the Service Charge at any time. Any change in the Service Charge will be reflected in the Project Transaction Fees computed and displayed at the point of invoice creation after such change and after notice to you. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. You agree to hold harmless and indemnify MachineryRepairNetwork.com, its affiliates, employees, contractors and agents for any and all liability, cost, damage or expense arising from a violation of any such statute, regulation or common law. In the event MachineryRepairNetwork.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, MachineryRepairNetwork.com will deem such receipt a breach of this Section 9C and will terminate this Agreement pursuant to Section 10C.

D. In the event of nonpayment by a Company of any Invoice amount when due, which has not been reasonably disputed by Company (even where such non-payment occurs on account of Company's bankruptcy or insolvency), MachineryRepairNetwork.com may suspend providing Services pursuant to this Agreement to (i) you with respect to such Company and/or (ii) such Company until such time as the past due Invoices have been paid in full. In the event MachineryRepairNetwork.com stops providing Services pursuant to this Section, MachineryRepairNetwork.com shall not be penalized for delays and shall incur no liability to you caused by such cessation.

10. TERM AND TERMINATION

A. This Agreement shall become effective upon the execution hereof by the parties, as described above, and shall continue until terminated by MachineryRepairNetwork.com or you as provided for under the terms of Section 10(B) of this Agreement.

B. Unless otherwise agreed to in writing between the parties, either party may terminate the Service at any time upon notice to the other party.

C. In the event that you breach any term of this Agreement, as determined by MachineryRepairNetwork.com, in its sole discretion, MachineryRepairNetwork.com may terminate this agreement immediately without prior written notice (“Termination For Cause”). In the event of a Termination For Cause, MachineryRepairNetwork.com may, in its sole discretion, (i) prohibit you from using the Web Site, (ii) terminate all Open Transactions, (iii) disclose the reason for such termination to other Registered Users, and/or (v) take any and all actions necessary to remedy any damages, costs or expenses arising from your Termination For Cause.

11. PRIVACY AND CONFIDENTIALITY

A. Your use of the Web Site and the services provided therein and thereby is governed by the terms of this Agreement and the MachineryRepairNetwork.com Privacy Policy It is your responsibility to review the MachineryRepairNetwork.com Privacy Policy ("Privacy Policy"), which is incorporated by reference into this Agreement in its entirety, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Web Site and may be updated from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the Web Site and to terminate this Agreement. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

B. Any user identification ("User ID") and password, and any authorization codes or similar verification identifiers provided to you by us should be maintained as confidential and should not be distributed or disclosed to third parties. Provided, however, we may be required by law to disclose your User ID to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate. It is your responsibility to notify us if you need to change or discontinue your User ID and password and/or authorization codes, if applicable. You may only do so by: (i) sending us a notice, or (ii) contacting us at info@machineryrepairnetwork.com.

12. OWNERSHIP

The Web Site and all intellectual property rights related to the Web Site, including but not limited to copyrights, trademarks, service marks and any feedback left by Registered Users on the Web Site, are owned or licensed by us, and all right, title and interest in the Web Site and the related intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web Site or any related intellectual property, including any services provided via the Web Site, and this Agreement does not grant you permission to do so. Certain content is licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Web Site, including any Web Site content.

13. REPRESENTATIONS AND WARRANTIES

A. Each party represents and warrants that it has the right and or full corporate power and authority to enter into this Agreement.

B. You represent and warrant that (i) you are using the Web Site solely for the purpose of entering into a bona fide business transaction with other Registered Users; (ii) your use of the Web Site will not defraud or mislead any person or entity, including without limitation MachineryRepairNetwork.com or any Register User; (iii) your use of the Web Site will not violate any law or regulation of the United States of America.

D. WE REPRESENT AND WARRANT THAT THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS," WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY REGISTERED USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY REGISTERED USER.

14. INDEMNIFICATION

A. You agree to defend, hold harmless and indemnify MachineryRepairNetwork.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by MachineryRepairNetwork.com from and against any cause of action, claim, suit or proceeding brought by a third party against MachineryRepairNetwork.com in connection with your use of the Services including any payment obligations incurred through use of the Services. You further agree to indemnify, defend and hold MachineryRepairNetwork.com harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the Web Site (ii) your decision to supply credit information via the Web Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Registered Users; (iv) any breach of contract or other claims made by Registered Users with which you conducted business through the Web Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of Payments or any portion thereof; (vii) any negligent or intentional wrongdoing by you; (viii) any act or omission of yours with respect to the execution of Assignments you accept; and/or (ix) Company's dispute of any Invoice submitted by MachineryRepairNetwork.com pursuant to the Services. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

B. In connection with your indemnification obligations as provided for above, MachineryRepairNetwork.com agrees to (a) notify you in writing promptly after learning of any such claim; (b) turn over to you all responsibilities and control with respect to such claim; and (c) reasonably cooperate with you in the defense thereof.

15. LIMITATION OF LIABILITY

A. IN NO EVENT SHALL MACHINERYREPAIRNETWORK.COM BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. In the event that you have a dispute with one or more Registered Users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Web Site, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.

C. Notwithstanding any other provision of this Agreement, in no event will MachineryRepairNetwork.com  liability to you for any action or claim related to the Services provided under this Agreement, whether based on contract, tort, negligence, or any other theory of liability, exceed the greater of: (A) $1000 or (B) the aggregate amount of Service Charges actually collected by MachineryRepairNetwork.com  from you for the Services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.

D. Our contracts with certain of our suppliers provide for scheduled maintenance, preventative maintenance, and emergency maintenance work. We will have no liability whatsoever for any unavailability of the Web Site caused by our supplier's performance or lack of performance of the maintenance work needed to keep the Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any web services provider or problems with the Internet infrastructure and networks external to the Web Site. The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates and all of our respective officers, directors, employees, attorneys and agents.

16. ASSIGNMENT

MachineryRepairNetwork.com has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights hereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

17. GOVERNING LAW AND JURISDICTION

The MachineryRepairNetwork.com Web Site (excluding linked sites) is operated by us from our offices within the Commonwealth of California, United States of America. It can be accessed from all 50 states and from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the Web Site, you agree that this Agreement and your use of the Web Site, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws of the Commonwealth of California, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of California, Los Angeles County and further agree that any cause of action you may bring arising under your use of the Web Sites shall be brought by you exclusively in a state or federal court located in the Commonwealth of California, Los Angeles. We make no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

18. MISCELLANEOUS

A. This Agreement, and all writings, web pages, agreements and policies, including, but not limited to, the info@machineryrepairnetwork.com Privacy policy, incorporated herein, contains the entire Agreement between the parties and supersedes any prior agreement, negotiation or understanding of the parties, whether oral or in writing, with respect to the subject matter of this Agreement. Any representations, promises or conditions not incorporated herein shall not be binding upon MachineryRepairNetwork.com or Registered User or their respective successors and assigns. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both parties.

B. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Failure of either party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such a breach or prevent said party from thereafter enforcing strict compliance with any or all of the terms thereof.

C. This Agreement does not create a relationship of agency, partnership, or representation between MachineryRepairNetwork.com. and you for any purpose whatsoever, it being understood between the parties hereto that MachineryRepairNetwork.com  and Registered User are to act as an independent contractors and are not authorized to make any contract, agreement, warranty or representation on behalf of each other.

D. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

E. You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the Web Site and the Services and any Other Services provided thereby or therein; (ii) your ordering or posting of, services or offers, if applicable; and (iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Web Site.

F. The provisions of Sections 1, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18 and 19 will survive any termination or expiration of this Agreement for any reason.

G. All notices required or permitted to be given under this Agreement, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by Registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

 19.  Eligibility

 You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use MachineryRepairNetwork.com.com in any manner. By visiting MachineryRepairNetwork.com.com or accepting these Terms, You represent and warrant to MachineryRepairNetwork.com that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to MachineryRepairNetwork.com that You will use MachineryRepairNetwork.com.com in a manner consistent with any and all applicable laws and regulations.

 20.  User Content and Submissions.

 You are solely responsible for your MyMachineryRepairNetwork.com Account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any MachineryRepairNetwork.com Site or transmit to other Users. You agree that in submitting User Content or otherwise using any MachineryRepairNetwork.com Site that you will not impersonate any person, or submit any materials to MachineryRepairNetwork.com that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

 By posting User Content to any public area of any MachineryRepairNetwork.com Site, including without limitation, message boards, Profiles, forums, contests and chat rooms, You automatically grant to MachineryRepairNetwork.com and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such User Content, and to grant and authorize sublicenses thereof (through multiple tiers).

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 MachineryRepairNetwork.com 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 MachineryRepairNetwork.com Site retains any and all rights that may exist in such User Content.

 achineryRepairNetwork.com 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, MachineryRepairNetwork.com 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 MachineryRepairNetwork.com Site. MachineryRepairNetwork.com reserves the right to expel Users and prevent their further access to the MachineryRepairNetwork.com Sites and/or use of MachineryRepairNetwork.com services for violating the Terms or applicable laws, rules or regulations. MachineryRepairNetwork.com 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 MachineryRepairNetwork.com, damage MachineryRepairNetwork.com’s brand or public image, or cause MachineryRepairNetwork.com to lose (in whole or in part) the services of its ISPs or other suppliers.

 MachineryRepairNetwork.com 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 MachineryRepairNetwork.com Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:   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;   harasses, incites harassment or advocates harassment of any group or individual;   involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 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; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; 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 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 passwords or personal identifying information from other Users.  

 22.  Registration and Password.

You are responsible for maintaining the confidentiality of your employer account, MyMachineryRepairNetwork.com Account, Profile and passwords, as applicable, and if You are a MachineryRepairNetwork.com Premium Subscriber, your Billing Account. 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 MachineryRepairNetwork.com.com registrations and passwords, whether or not authorized by You. You agree to immediately notify MachineryRepairNetwork.com of any unauthorized use of your employer account, MyMachineryRepairNetwork.com Account, Profile, passwords or MachineryRepairNetwork.com Premium Subscriber Billing Account, as the case may be. 

23.  MachineryRepairNetwork.com's Liability.

MachineryRepairNetwork.com.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. MachineryRepairNetwork.com is not involved in the actual transaction between employers and candidates. As a result, MachineryRepairNetwork.com has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and MachineryRepairNetwork.com makes no representations about any jobs, resumes or User Content on MachineryRepairNetwork.com.com. MachineryRepairNetwork.com 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 MachineryRepairNetwork.com, damage MachineryRepairNetwork.com’s brand or public image, or cause MachineryRepairNetwork.com to lose (in whole or in part) the services of its ISPs or other suppliers. While MachineryRepairNetwork.com reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from MachineryRepairNetwork.com.com from time to time, MachineryRepairNetwork.com does not assume any obligation to do so and disclaims any liability for failing to take any such action.

MachineryRepairNetwork.com Networking provides a venue for individuals to network for professional purposes and MachineryRepairNetwork.com does not screen or censor the Profiles or User Content on MachineryRepairNetwork.com.com. MachineryRepairNetwork.com is not involved in the actual communications between MachineryRepairNetwork.com Networking Users. As a result, MachineryRepairNetwork.com has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on MachineryRepairNetwork.com.com and makes no representations about any Profile or User Content on MachineryRepairNetwork.com.com.

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 MachineryRepairNetwork.com.com and/or the other MachineryRepairNetwork.com 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 MachineryRepairNetwork.com.com and/or the other MachineryRepairNetwork.com Sites.

Because User authentication on the Internet is difficult, MachineryRepairNetwork.com 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 MachineryRepairNetwork.com Site, in the event that You have a dispute with one or more Users, You release MachineryRepairNetwork.com (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 MachineryRepairNetwork.com Sites and the MachineryRepairNetwork.com Content may contain inaccuracies or typographical errors. MachineryRepairNetwork.com makes no representations about the accuracy, reliability, completeness, or timeliness of any MachineryRepairNetwork.com Site or the MachineryRepairNetwork.com Content. The use of all MachineryRepairNetwork.com Sites and the MachineryRepairNetwork.com Content is at your own risk. Changes are periodically made to MachineryRepairNetwork.com 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 MachineryRepairNetwork.com Sites. Employers are solely responsible for their postings on MachineryRepairNetwork.com Sites. MachineryRepairNetwork.com is not to be considered to be an employer with respect to your use of any MachineryRepairNetwork.com Site and MachineryRepairNetwork.com shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any MachineryRepairNetwork.com Site.