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Terms of Use Agreement
 
Users are requested to review the terms and conditions carefully before they start using the website. This Terms of Use Agreement (“Agreement”) is entered into between mechitaly.com, having the URL www.mechitaly.com (hereinafter, referred to as the “Site”), and a user (the “User”) of the Site.The Agreement establishes the terms and conditions the User has to follow while using the Site to avail the content, products, or services listed on the Site.

1. Acceptance of Agreement

1.1. The access or use of the Site by the User and all changes made to the Site come under the purview of the terms and conditions of the Agreement. When you access or use the Site, you, as the User, are complying with the terms and conditions laid down by this Agreement. If you disagree with the terms and conditions of this Agreement, you are requested not to use this Site.

1.2. mechitaly.com has the right to amend this Agreement from time to time without prior notice. The amended Agreement will be posted on the Site and will be active from then onwards. If the User accesses or uses the Site after the amended Agreement have been posted, it indicates that the User has agreed to abide by the new terms and conditions set forth by the Agreement. Only the official representative of Exytrade.com has the permission to make written changes to this Agreement. The last amendment date of this Agreement is 20th February 2014.

2. Registration Conditions

2.1. The User can access and use the Site’s Main Services for free by following a simple registration procedure.

2.2. For additional advertising opportunities mechitaly.com provides a specially designed paid membership.
The paid membership will be advertise time to time.

3. Services

3.1. Exytrade.com advertises content from third parties (“Third Party Content”). These third parties can be unknown entities or content providers who receive payment for posting their content on the Site. Exytrade.com does not own any of the content posted by third parties. All Third Party Content is authored and owned by such providers. Third Party Content is not checked or verified by Exytrade.com for the accuracy and reliability of information, products, or services provided by such third parties. All transactions entered into between the User and third parties will be performed at the User’s own risk. Exytrade.com is not responsible for any aspect of the User’s dealings with third parties. Exytrade.com is not liable for any damage occurring as a result of transactions between the User and third parties.

3.2. Third party websites can be accessed from Exytrade.com through hyperlinks. You must review the terms and conditions and other policies applicable to third party sites prior to using such sites or its contents, services, or products. The User must understand and accept that Exytrade.com does not operate or control third party websites or its contents, services, or products.

3.3. The contents of the Site (“Exytrade.com Content”) that include the graphics, design, files, email listings, directories, and other matters related to the site are available only for the personal or internal use of the User. Users are prohibited from the copying, reproduction, use, modification, publication, or distribution of the Exytrade Content through any medium for the purpose of starting a similar business or to damage the interests of Exytrade.com. All activities that involve copying and reproducing Exytrade Content for archiving or collection purposes must be performed with prior written permission from Exytrade.com.

3.4. The nature of Premium Services will change for different locations. Similar services may not be available in all regions.

3.5. Exytrade.com may block or restrict particular services to a User if it finds that the interests of Exytrade.com have been compromised.

4. Users

4.1. For the purpose of this Agreement, a User is defined as:

a) A registered user of the Site
b) A person who pays for the services offered by Exytrade.com

A User is either an individual or an entity that is lawfully authorized to use the Site on behalf of the said individual.

4.2. Users are requested to review the Privacy Policy of Exytrade.com that deals with the User information owned by Exytrade.com. The User hereby agrees to the provisions of the Privacy Policy along with the existing updates and amendments. The User understands that Exytrade.com has the right to amend the Privacy Policy at any time on the condition that the amended Privacy Policy will be available on the Site at any time. If the User continues to use the Site after the amended Privacy Policy has been posted on the Site, it is considered that the User has agreed to comply with the new provisions of the Privacy Policy.

4.3. Exytrade.com places greater importance on the intellectual property rights, copy rights, and other legal rights of all individuals. In order to access or use the Site, Exytrade.com lays down the condition that all Users must prevent themselves from any kind of activity that involves the usage of Exytrade.com Content or services to damage any rights of other individuals or Users. If Exytrade.com finds that a specific User has continuously infringed the intellectual property rights, copyright, or any similar legal rights of other individuals, Exytrade.com reserves the right to restrict or block the access or use of the Site by such Users who infringe on the rights of other individuals. Exytrade.com also has the power to cancel the accounts of such Users, if required. Cases of single infringement of intellectual property rights, copyright, or other legal rights also can invite cancellation of accounts by Exytrade.com. A User’s account may be cancelled if Exytrade.com believes that the safety and the interests of the Site have been compromised. Exytrade.com may also cancel the account of a User for other reasons which Exytrade.com considers an appropriate cause for account cancellation. The discretion to cancel a User’s account on the basis of any reason rests solely with Exytrade.com.

4.4. Exytrade.com has the right, without any obligation and without any notice requirement to the User, to:

a) Restrict or block all or some part of the Exytrade content or services
b) Provide different types of access and use to different Users
c) Modify certain content or services
d)Post new content or provide new services

4.5. The User must understand and accept that if they are unable to access or use the complete Site or use only some parts of the Site, it can affect their activities on Exytrade.com. Exytrade.com does not own or hold any liability if Users and third parties:

a) Are unable to use the Site as a result of technical issues, usage restriction, or withdrawal of certain services
b) Experience delays, errors, or missing of communication sent through the Site
c) Experience damage as a result of their inability to use the Site and its services

4.6. Users are requested to stay away from actions that can compromise the safety and security of the computer systems and networks of Exytrade.com and other Users.All Users are prohibited from unlawful access to the computer systems and networks of Exytrade.com and other Users. Users are not permitted to damage the reliability of the Exytrade feedback system by performing the following actions:

a) Post fair comments about oneself through secondary user IDs or third parties
b) Post disputable negative comments for other Users

5. Registered Users

5.1. Registration for an account on Exytrade.com can be completed through two methods:

a) Online registration through the registration page or form on the Site
b) Offline registration by providing relevant personal information through any medium to the official representative of Exytrade.com who them carries out and completes the registration process for the applicant.

An individual who has completed the registration process through any of the above mentioned methods to access or use the Exytrade Content, services, or product becomes a registered user (“Registered User”) of Exytrade.com. Once the registration process is completed, the person will have an account (“Account”) on the Site.

5.2. The Account, User ID, or Password of a Registered User of Exytrade.com cannot be sold or transferred to another person unless it is authorized by Exytrade.com in written format. All such activities that involve the sale and transfer of Account, User ID, or Password will lead to the cancellation of the Registered User’s Account by Exytrade.com.

5.3. Registered Users agree that all the personal information provided by the Users at the time of registering on the Site by creating an Account as a Registered User will be included in the Exytrade.com customer database. The Users give Exytrade.com the right to share such personal information with other Users.

5.4. In the case of businesses that create an Account on the Site as a Registered User, the individual who creates the account for the business entity must make sure that:

a) The individual is an authorized representative of the business who has the rights to enter into an agreement between Exytrade.com and the business entity.
b) Provide the address of the principal place of business at the time of registering the business entity as a Registered User.
c) Provide full, correct, and updated information at the time of registering the business entity as a Registered User.

Only the principal place of business will be considered for registering business entities. If the business has branches or offices, the address of the head office is taken as the principal place of business, and the Account is created for that address only.

5.5. Exytrade.com shall use its discretionary power in registering a user and providing an Account, User ID, and Password to the person. The provisions of Section 5.1 will not apply in such cases.

5.6. The Registered User’s Account or email account may be cancelled or activities of that account may be restricted by Exytrade.com by provision of a prior notice of 24 hours. The following circumstances do not require any prior notice issued by Exytrade.com to Registered Users:

a) When Exytrade.com finds that the Registered User has been violating this Agreement or any other terms and conditions concerning specific services.
b) When Exytrade.com doubts the reliability, completeness, and accuracy of information supplied by Registered Users.
c) When Exytrade.com has sufficient reasons and proof to conclude that the actions of the Registered User have been detrimental to the financial and legal status of the User, other Users of Exytrade.com, or Exytrade.com.

In the case when a Registered User violates any point of this Agreement or the terms and conditions applicable to specific services, Exytrade.com will display the proof of such violation on the Site.Exytrade.com has no liability to such Registered Users in the event of violations of the Agreement or terms and conditions.

Exytrade reserves the right to terminate or suspend an account. If a member of Exytrade.com desires that their account be terminated due to reasons such as bankruptcy or merger with another company, a written request should be sent to the moderator along with the supporting documents. The closure of the account is purely at Exytrade’s discretion. Under no circumstances will Exytrade accept requests from a member for closure of their account due to negative reviews that are placed on their profile by other users.

6. Requirements for Posting on the Site

6.1. Only the Registered Users of Exytrade.com can post on the Site. Tools are provided to edit and submit the content. The points mentioned in Section 4 shall prevail while considering the User as a Registered User. All terms and conditions concerning specific Premium Services will also be taken into account to decide the status of the User.

6.2. Regarding the information that Exytrade.com posts on the Site, it is expected that all Users of Exytrade.com consent to:

a) Furnish only authentic, latest, and full information
b) Update all information from time to time to ensure that only authentic, latest, and full information is posted on the Site.
All Users of Exytrade.com understand and agree that Exytrade.com has absolute, permanent, and multi-layered license to post, use, or share the information furnished by Users. Exytrade.com solely owns the copyright and intellectual property rights to publish any such information in different platforms of communication.

6.3. Regarding the information that each User submits to Exytrade.com to be posted on the Site, it is expected that all Users must consent to provide:

a) Only legally approved and authorized data, offers, services, or products that do not come under any fraudulent schemes.
b) Only safe content that does not pose any harm to the rest of the Users of the Site.
c) Only authentic and approved content that conform to the provisions of Third Party Rights under Section 6.4.
d)Only true information that honestly represents the User, other individuals, or other entities.
e) Only such content that conforms to applicable consumer and trade laws and policies.
f)Only such content that does not imply libel, defamation, or malice.
g) Only clean and censored content free from obscenity, pornography, or obvious sexual references.
h) Only unbiased content in terms of race, gender, religion, and similar matters.
i) Only such content that is free from spam and breach of privacy.
j) Only virus free and safe content that will not compromise the security of Exytrade systems and networks.
k) Only such content that conforms to the Product Listing Policy.
l) Only such content that does not make Exytrade.com liable to any individual or entity.
m) Only such content that conforms to the provisions of this Agreement.
n) Only such content that is beneficial to the business interests of Exytrade.com.
o) Only such content that does not help the competitors of Exytrade.com in any way.

6.4. This Agreement binds the Users of the Site to the condition that any content that the User posts on, or provides to Exytrade.com must have proper permissions and licenses regarding copyright, intellectual property rights, trademarks, privacy policies, etc. I-f such content is obtained from third parties (“Third Party Rights”). Each User must agree in their own interests, in the interest of Exytrade.com, and in the interests of the third parties, to provide only such content that do not violate any Third Party Rights. Users must ensure that they have obtained the necessary permission from third parties to use or share information pertaining to their website content, products, or services. Each User has to take the responsibility for any violation of Third Party Rights as a result of posting their content on the Site.

6.5. The content of all communication that a User sends either through the tools of the Site or through any other communication medium should abide by the provisions of Section 6.3.

6.6. The absolute right to remove any content from the Site under the following conditions rests with Exytrade.com:

a) When the content is illegal.
b) When the content has the potential to make Exytrade.com liable for it.
c) When the content violates the provisions of this Agreement.
d)When the content is deemed by Exytrade.com as unsuitable for public display.

6.7. Exytrade.com may, in the event of criminal or civil offenses by any User of the Site, provide the necessary assistance to subsequent investigations either by government bodies, private agencies, or third parties. Personal information of such Users may be communicated to the investigating individuals or agencies under request. Exytrade.com is not liable for any damages that the User may incur. Exytrade.com also has the absolute rights to cancel the Account of such Users. All the risks and consequences of the inappropriate actions of the Users rest with such Users only. Users agree that Exytrade.com shall not be liable for any of the actions stated in this Section that it takes against defaulting Users. Users hereby give Exytrade.com the absolute rights to take such actions in the case of breach of provisions of the Sections 5.2, 5.3, and 5.4 of this Agreement.

6.8. If Exytrade.com posts any information of the User on the Site, it does not imply any business relationship between the User and Exytrade.com or its employees.

7. Buyers’ and Suppliers’ Transactions

Exytrade.com only provides information and does not provide any platform for the sale or purchase of products. Customers are advised to directly communicate with each other in order to purchase or sell a product. However, customers can use any of Exytrade’s online communication options such as Messages, Chat etc, to communicate.

8. Disclaimer of Warranties and Limitation of Liability

8.1. ALL THE CONTENT, PRODUCTS, AND SERVICES DISPLAYED IN THE SITE ARE OFFERED “AS IS”, AND “AS AVAILABLE”.MECHITALY.COM WISEHES TO MAKE IT CLEAR THAT IT DOES NOT HOLD ANY WARRANTY FOR THE STATUS, QUALITY, DEPENDABILITY, CORRECTNESS, SALEABILITY, OR FITNESS OF THE ABOVE MENTIONED ITEMS FOR ANY PURPOSE. MECHITALY.COM HEREBY CANCELS AND EXCLUDES ANY SUCH WARRANTIES, REPRESENTATIONS, OFFERS, TERMS, AND CLAIMS.

8.2. MECHITALY.COM DOES NOT HOLD ANY WARRANTY THAT THE PRODUCTION, TRADE, SALE, DISTRIBUTION, ADVERTISEMENT, TRANSACTION, OR DEALS OF CONTENT, SERVICES, OR PRODUCTS ARE NOT IN VIOLATION OF THIRD PARTY RIGHTS. MECHITALY.COM IS NOT RESPONSIBLE FOR ANY CONTENT, PRODUCT, OR SERVICE LISTED ON THE SITE. MECHITALY.COM DOES NOT HOLD ANY WARRANTY FOR THE CORRECTNESS, CURRENTNESS, DEPENDABILITY, APPROPRIATENESS, QUALITY, AND USABILITY OF THE CONTENT, PRODUCTS, OR SERVICES LISTED ON THE SITE.

8.3. Users who download content from the Site may do so solely at their own risk. Exytrade.com is not liable for any damage that occurs to the computer systems and other devices of the Users as a consequence of downloading or obtaining content from the Site. All warranties mentioned in this Agreement will supersede any other written or oral warranties or offers that a user obtains from the Site.

8.4. User can access and use content, products, or services offered by third parties through the Site. Exytrade.com does not hold any warranty or liability for such content, products, or services.

8.5. Exytrade.com is not liable for any type of damage that the User suffers in the event of the following circumstances and situations:

a) When the User uses the Site.
b) When the User is unable to use the Site.,br> c) When the content, product, or service that a User receives from another User or third party is found to be defective or in unsuitable for use.
d)When Third Party Rights are violated by Users.
e) When the trade, transaction, or advertisement of content, product, or services of a particular User are claimed to violate Third Party Rights.
f)When third parties claim that they are entitled to compensations and damages for the violation of Third Party Rights by a User.
g) When third parties illegally get hold of the personal data of any User.
h) As a result of Users’ conduct and statements.
i) Matters concerning Premium Services.

The damage that the User suffers by using the Site, its products, or services could be in the form of direct or indirect damage, financial damage that may include loss of profit or savings, loss of data, etc. Users may also suffer from damage as a result of punitive action, negligence, accidents, etc. while using the Site, its products, or services. The Users are not paid for any damages unless it is covered by the provisions of Section 7.8 of this Agreement.

8.6. Exytrade.com is not liable for delay or loss of content in the event of the following circumstances or situations:

a) Natural calamities that include storms, floods, etc.
b) Accidents that include fires, explosions, etc.
c) Technical interruptions that include power failure, internet failure, system failure, communication snags, etc.
d)Physical interruptions that include strikes, riots, labor issues, shortage of manpower, shortage of materials, etc.
e) Legal or authority interruptions that include government orders, court orders, etc.
f)Failure in the performance of third parties.

8.7. The User is liable to indemnify, defend, hold, and render harmless the directors, officers, partners, share holders, and employees of Exytrade.com from any kind of liability, loss, damages, claim, and expenses that include full attorney fees.The different circumstances and situations under which the User is liable to indemnify, defend, hold, and render harmless the directors, officers, partners, share holders, and employees of Exytrade.com from any kind of liability, loss, damages, claim, and expense that include full attorney fees are:

a) Use of the Site by the Users; includes the posting of content on the Site.
b) Violation of any provision of this Agreement.
c) Violation of representations and warranties made to Exytrade.com by the Users of the Site; includes the provisions of the Sections of 6.2, 6.3, and 6.4 of this Agreement.
d)Claims of third party claimants or third parties regarding the content, product, or services posted on the Site.

In addition, each User consents to bear the responsibility and risk of all the data posted on the Site that could cause defamation, offense, or libel, or damage to other Users. Each User agrees that Exytrade.com has no liability to any User under such situation. Exytrade.com may take control of specific matters which are normally to be indemnified by the User if Exytrade.com deems it necessary. Users may, in such cases, provide the required assistance to Exytrade.com in defending the subject.

8.8. Despite the provisions mentioned in Section 8.7 above, Exytrade.com, its employees, partners, or representatives may pay Users for their claims after using the Site, its services, or products an aggregate liability which is limited to:

a) The total fees or charges that the User has paid to Exytrade.com for receiving its services in the one year period before the action leading to liability has occurred
Or,
b) 50% of yearly contract, whichever is greater.

The User has to provide proof of damage at the time of the case hearing. Users have to file the claims of damages as a result of using the Site, its services, or products within one year from the time when the action leading to liability has occurred.

9. Intellectual Property Rights

9.1. Exytrade.com Content and the Site are lawfully owned by Exytrade.com only. All the Exytrade.com Content is protected by applicable trademarks, copy rights, and intellectual property laws. The intellectual property rights and ownership of the Exytrade.com Content and the Site rests only with Exytrade.com. If any rights are not included in this Agreement, they are covered under this Section.

10. General Provisions

10.1. This Agreement does not imply any kind of relationship between Exytrade.com and the User. Both Exytrade.com and the User are independent parties.

10.2. Along with the terms and conditions applicable to specific services provided by Exytrade.com, this Agreement and the Privacy Policy sets forth the terms and conditions to be adhered to by the Users of Exytrade.com while using the Site. Precedence will be given to this Agreement, Privacy Policy, and the terms and conditions of specific services over all prior agreements of any form entered into between the User and Exytrade.com regarding the use of the Site.

10.3. If any point in this Agreement cannot be applied or is inoperative, that point will be omitted from the Agreement. The Users will be bound only by the rest of the points of the Agreement in such cases.

10.4. If Exytrade.com fails to establish a right or fails to take action in the event of any violation of this Agreement, it does not mean that the specific right will not be enforced in future or that Exytrade.com will not take action when Agreement is breached in another situation.

10.5. Only Exytrade.com has the right to assign this Agreement in its entirety and the terms and conditions of specific services to individuals or entities that access or use the Site. Users do not have the right to assign this Agreement to other Users.

10.6. The provisions of this Agreement come under the laws and jurisdiction of the United States.

10.7. Headings of each section in this Agreement do not cover the entire points discussed in respective sections. Headings are for classification purpose only.

10.8. In the case when any contradictions arise between the English and other language versions of this Agreement, precedence is given to the English version.