WEB SITE TERMS AND CONDITIONS
Last Revised: May 1, 2018
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE AND ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
These terms and conditions of use (“Site Terms”) apply solely to your access and use of the Web site of Wrenchin Inc. (“Wrenchin”) located at www.Wrenchin.com (the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Wrenchin for the Services (as defined below). If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Wrenchin for violations of these Site Terms.
Wrenchin reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Site Terms, you must stop using the Site.
If you have any questions regarding the use of the Site, please email us at admin@Wrenchin.com
Wrenchin provides content sharing services that enable you to view content as provided, either by Wrenchin or other users, and upload certain content as allowed by Wrenchin (collectively, the “Services”).
Registration Data & Other Information Provided by You
You agree to, as necessary: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the Site (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Wrenchin, in order to keep it accurate, current and complete; and (iv) accept all risks of unauthorized access to the Registration Data and any other information you provide to Wrenchin.
You represent and warrant that: (i) all Registration Data is accurate, current and complete; and (ii) all Messages are authentic.
You agree not to upload, distribute or post:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in Wrenchin’s reasonable discretion);
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and similar information;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
content that, in the sole judgment of Wrenchin, are objectionable or which restrict or inhibit any other person from using or enjoying the Site or the Services, or which may expose Wrenchin or its users to any harm or liability of any type.
Wrenchin takes no responsibility and assumes no liability for any content uploaded, distributed, posted or stored by you or any third party, or for any loss or damage thereto, nor is Wrenchin liable for any mistakes (with respect to Messages), defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Third Party Content
Wrenchin provides third party content on the Site and provides links to Web pages and content of third parties (collectively the “Third Party Content”). Notwithstanding any terms to the contrary in these Site Terms or otherwise on the Site: (i) Wrenchin does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, regarding its accuracy or completeness; and (ii) you acknowledge and agree that Wrenchin is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge and agree that you use such Third Party Content contained on the Site (or made available via the Site) at your own risk.
Wrenchin makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or Web sites linking to the Site. Such sites are not under the control of Wrenchin and Wrenchin is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Wrenchin provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Wrenchin of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Advertisements and Promotions; Third Party Products and Services
Wrenchin may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Wrenchin is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Wrenchin advertisers or third party information on the Site.
Copyright and Limited License
Unless otherwise indicated in the Site or these Site Terms, the Site and all content and other materials on the Site, including, but not limited to, Wrenchin’s logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Wrenchin or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (i) any resale or commercial use of the Site or the Site Materials therein; (ii) the distribution, public performance or public display of any Site Materials; (iii) modifying or otherwise making any derivative uses of the Site and the Site Materials (or any portion thereof); (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (vi) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized in these Site Terms, without the prior written permission of Wrenchin, is strictly prohibited and will terminate the license granted in these Site Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
WRENCHIN, Wrenchin’s logos and any other service name or slogan contained in the Site are trademarks of Wrenchin and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wrenchin or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing “Wrenchin” or any other name, trademark or service name of Wrenchin without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wrenchin may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Wrenchin names and logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You agree, at your sole expense, to defend, indemnify and hold Wrenchin, its independent contractors, activity providers, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Site Materials and/or the Services; (ii) your conduct; (iii) your violation of these Site Terms or your violation of the rights of any third party; or (iv) any Messages.
UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE MESSAGES, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, ANY HYPERLINKS, THE SERVICES AND ANY OTHER SERVICES AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICES (COLLECTIVELY, THE “SERVICES/CONTENT”) ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT ANY SERVICES/CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF ANY SERVICES/CONTENT. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO ANY SERVICES/CONTENT WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE INCLUDING (BUT NOT LIMITED TO): (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WRENCHIN KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. WRENCHIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES/CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WRENCHIN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO ANY SERVICES/CONTENT. WHILE WRENCHIN ATTEMPTS TO MAKE YOUR ACCESS AND USE OF ANY SERVICES/CONTENT SAFE, WRENCHIN CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ANY SERVICES/CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Wrenchin reserves the right to change any and all content contained in the Site and the Services at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Wrenchin.
Limitation of Liability
IN NO EVENT WILL WRENCHIN BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/ORANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WRENCHIN, VIA THE SITE, VIA THE SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO WRENCHIN’S RECORDS, PROGRAMS OR SERVICES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES/CONTENT, YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USERS (including, BUT NOT LIMITED TO, bodily injury, emotional distress, any other damages resulting from communications WITH OTHER USERS AND/ORANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM WRENCHIN, VIA THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR UNAUTHORIZED ACCESS TO WRENCHIN’S RECORDS, PROGRAMS OR SERVICES) EXCEED THE AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU.
Applicable Law and Venue
These Site Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and to be entirely performed within the State of Indiana, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms will be filed only in the state and federal courts located in Marion County, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Wrenchin reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.
If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.
Questions and Contact Information
Questions or comments about the Site or these Terms and Conditions may be directed to Wrenchin by emailing us at email@example.com
Digital Millennium Copyright Act Notice
Wrenchin has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Wrenchin’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Wrenchin’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Sites or Services infringes a copyright, please send a notice of copyright infringement by regular mail (not e-mail) to Wrenchin LLC., 9801 Fall Creek Rd. #149, Indianapolis IN, 46256 Attn: Copyright Agent, containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Wrenchin is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Wrenchin’s policy to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Wrenchin will terminate such content provider’s, member’s or user’s access to the Services.
If you believe that your material has been removed by mistake or misidentification, please provide Wrenchin with a written counter-notification containing the following information:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on the Site (e.g., the URL) where it previously appeared.
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Wrenchin may be found (which includes the United States District Court for the Southern District of Indiana), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature. Please submit this information to Wrenchin’s Designated Agent at the address listed at the end of this policy.
Please note that we will send any complete counter-notifications we receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the removed materials. Until that time, your materials will remain removed.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.