COPYRIGHT 2020-2021: All Rights Reserved under U.S. and International Law.
The text, design, likeness and graphics of these publications, websites, documents, promotional material, or any part thereof, may not be reproduced, stored or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, storage in an information retrieval system of any type, or otherwise, without the express prior written permission of Mytpix LLC, DBA Plotter Mechanix herein referred to as “Plotter Mechanix”.
Any and all information herein contained is expressly for informational / research purposes only, and does not in any way constitute legal advice or legal opinion.
NOTICE: Any Unauthorized, Improper, or Illegal use of the information herein protected is strictly prohibited, and the violators will be prosecuted to the fullest extent of the applicable laws.
Plotter Mechanix Website Use Policy
If you have concerns, and do not agree with some or all aspects of these Terms, you should immediately discontinue using our website.
Plotter Mechanix’s Web site is not in any way whatsoever intended for use of any persons under the age of 18. Plotter Mechanix does not knowingly market to, or solicit information, accept service or collect information from any person under the age of 18. If Plotter Mechanix for any reason whatsoever, becomes aware that any person submitting information to our Site is under the age of 18, we will attempt to delete that person's account on the Site, and any related information as soon as possible. We hereby expressly require that only persons 18 years of age or older use our Site you’re your act of using our Site, you hereby voluntarily state, confirm and acknowledge that: you are at least 18 years old.
Information provided on the Site is provided "as is" including all faults, if any. Your use of the Site, and the Site Information a resource that is available to you to use at your own risk. The Site or Site Information may contain typos, errors or omissions, or may be out of date. The Site or Site Information may, without prior notice to you or anyone, change, be deleted or updated at any time. Plotter Mechanix expressly makes no warranties or guarantees of any type in that regard, whatsoever to anyone.
You further understand that Plotter Mechanix cannot, and does not in any way whatsoever guarantee or warrant that files, if any, available for downloading from the Site will be free of infection or viruses, or any other computer programming routines that may damage, interfere with, intercept or confiscate any system data or personal information (collectively herein referred to as: "Hazards").
ACCEPTABLE AND LAWFUL USE OF THE SITE
You may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Site (collectively herein referred to as: "User Generated Content"). You own all of the content and information that you post on the Site. Any personal information, computer information, User Generated Content or other information that you provide to Plotter Mechanix in connection with your use of the Site shall not:
be obscene or indecent;
contain any Hazards;
infringe any third party's copyright, patent, trademark, trade secret, intellectual property (“IP”), or other proprietary rights or rights of publicity or privacy;
be defamatory, libelous, unlawfully threatening or unlawfully harassing; and create any liability of any type whatsoever for the Plotter Mechanix or in any way whatsoever cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers.
You hereby expressly agree to, and shall comply with all applicable laws, statutes, ordinances and regulations, and the terms of this Site use agreement, regarding your use of the Site.
YOUR RESPONSIBILITIES AND AUTHORIZATIONS WHEN USING THE SITE
When you use the Site, you hereby authorize Plotter Mechanix to act as your agent to process purchases that you make through the Site. When you make these purchases, you agree that Plotter Mechanix will: (i) be paid Fees and will process your purchases through https://plottermechanix.com ; (ii) hold the monies in a non-interest bearing bank account insured by the Federal Deposit Insurance Corporation to the extent permitted by law; (iii) remit funds to the designated bank (each herein referred to as: a "Bank") plus our Transaction Fees and in accordance with Plotter Mechanix Payments to Plotter Mechanix; and (iv) send an acknowledgement email and transaction receipt to all purchasers.
All purchasers herein agree that: (i) they will not use an invalid or unauthorized credit card make a purchase through the Site; (ii) they are solely responsible for selecting the correct product for their purpose for purchasing, shipment, handling and or ongoing payment for any reason; (iii) all payments to Plotter Mechanix are made as simple purchases, and may not be specified for any particular purpose; (iv) designated payment amounts will be charged to the credit card you use to make the purchase, or via standing terms with Plotter Mechanix and (v) all payments made by you on this Site are final, are and non-refundable.
The Site provides solutions to help customers, technicians, and interested persons stay connected and promote further understanding of our products and developments in this industry, for their favorite products and services. To provide the most comprehensive solutions for customers, companies/organizations, government entities and non-profit organizations of any type, we reserve the right to add a 5% processing fee for purchases made, when necessary to cover credit card and/or bank transaction processing fees. Purchases are never subject to other fees or complex tier rates.
Your purchase(s) cover Site costs in providing all the solutions today and in the future, maintaining and hosting the Site, providing secure and trusted payment processing and compliance, vetting clients, 501(c)(3) Organizations, Charities, and Government entities of all types through a third-party vendor, ensuring the transfer of money to the appropriate banks and overall, making your purchasing simple and payments both fun and rewarding.
PAYMENTS TO PLOTTER MECHANIX
Purchasers will make payments to Plotter Mechanix payment acceptance method of their choice by using either the Site’s trusted credit card processing service or standing terms. Every 30 days, Plotter Mechanix will receive their payments less the Transaction Fee. Payments will be sent to Plotter Mechanix on or about the 10th day of the month for purchases made in the prior calendar month. These payment schedules are subject to change at any time at the sole discretion of Plotter Mechanix. The money is sent to the address for Plotter Mechanix listed on file within the Site database.
POLICY REGARDING USE OF PLOTTER MECHANIX TRADE/SERVICE MARKS
The trademarks, logos, and service marks (herein to referred to as: "Marks") displayed on the Site are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their use is restricted to programs, events, and products or services that Plotter Mechanix sponsors or with which we are otherwise affiliated. Plotter Mechanix trademarks or any confusingly similar marks may not be used for personal or business financial gain. Use of the Marks is prohibited without prior, express written consent from Plotter Mechanix except as permitted by applicable laws. Nothing contained on the Site should be construed as in any way granting, by implication, estoppels, or otherwise, any license or right of any type to use the Marks without Plotter Mechanix express written consent. Unauthorized use of this Site by any party for any reason, including but not limited to: screen prints, or copies of the Site and or information available in connection with or derived through the same, without express specific written consent from Plotter Mechanix to do so, constitutes intentional breach by the violator of this use agreement, subject to immediate automatic liquidated damages to be assessed against the violator, in favor of Plotter Mechanix.
DIGITAL MILLENNIUM COPYRIGHT ACT; COPYRIGHT / TRADEMARK COMPLAINTS
Plotter Mechanix respects the intellectual property rights of others and requires those that visit the Site and use our network to do the same. Plotter Mechanix may, in appropriate circumstances and at our sole discretion, remove or disable access to material on the Site or our network that infringes upon the copyright or trademark rights of others. Plotter Mechanix also may, at our sole discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our network repeatedly infringe on others' copyrights or trademarks, Plotter Mechanix may in its sole discretion terminate those individual’s rights to use the Site or our network.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright or trademark infringement, you may notify us by providing the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
A description of the copyrighted or trademarked work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted or trademarked work;
A description (identify the URL) of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A notarized statement by you, stating: that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, it’s agent, or the law; and
A notarized statement by you, made under penalty of perjury, under the laws of the United States, that the above information in your Notice is accurate, and that you are the copyright or trademark owner, or that you are currently the duly authorized person to act on the copyright or trademark owner's behalf.
Claims of copyright or trademark infringement can be sent to Plotter Mechanix by one of the following options:
Attn: Legal Support, Copyright / Trademark Complaint
7800 N 55th Ave, #102-225
Glendale, Arizona 85301 U.S.A.
By email: firstname.lastname@example.org
By telephone: (602) 606-8845
COUNTER-NOTIFICATION FOR A COPYRIGHT COMPLAINT
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. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances, of Site users who are repeat infringers, and or who are filers of false infringement notifications, who file false notifications maliciously against other users.
When we receive a notification of alleged copyright or trademark infringement, we remove the posting that is the subject of the notification. If we remove any of your content, we email you, to your last know email address on file, informing you of the change.
If you believe your content was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. 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 liable for damages.
There are two processes for counter-notifications:
If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification.
International claimants in some countries may submit claims under a slightly different process. In these cases, while the DMCA counter-notification is still acceptable, a user who does not live in the United States may alternatively respond with an international counter-notification.
The chief difference is that the DMCA process requires that the user consent to the jurisdiction of a United States court.
Filing a Counter-Notification for a Copyright or Trademark Complaint can be sent to Plotter Mechanix by one of the following options:
Attn: Legal Support, Copyright / Trademark Counter-Notification
7800 N 55th Ave., #102-225
Glendale, Arizona 85301 U.S.A.
By email: notice@Plottermechanix.com
By telephone: (602) 606-8845
OWNERSHIP OF USER GENERATED CONTENT
You retain ownership to User Generated Content submitted on the Site. However, by submitting your User Generated Content to http://www.plottermechanix.com, you do hereby grant Plotter Mechanix the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses:
to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode the User Generated Content to appropriate media formats, standards or mediums, as part of the services http://www.plottermechanix.com provides;
to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display the User Generated Content on the Site, including without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and to use User Generated Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting your User Generated Content for inclusion on the Site, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive license to access your User Generated Content through the Site; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Site Users to send and distribute your User Generated Content; and (iv) if permitted, the non-exclusive license to Site Users to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Generated Content as permitted through the functionality of the Site and under these Terms. The foregoing licenses granted by you shall terminate once you remove or delete your User Generated Content from the Site, unless your User Generated Content has been already shared with others, and they have not deleted it, or they have reposted it as a part of their user generated content. Please keep in mind, that even if you delete your User Generated Content from the Site, it may still exist in back-up copies, or if other people have made copies of it before, it was deleted.
When you delete User Generated Content, it is deleted in a manner similar to emptying a recycling bin on the computer’s desktop. You understand and hereby acknowledge that your User Generated Content even if it is deleted, may persist in backup copies for a reasonable period of time.
LINKS TO OTHER WEBSITES
Plotter Mechanix may provide links to other websites; however Plotter Mechanix does not review all of these other websites, has no responsibility of any type whatsoever, for the content of such other websites, and shall not be liable in any manner whatsoever, for any claim of damages or injury of any type to any party, arising from the content that may be accessed by you from any of these other websites.
You understand that, except for information, products or services clearly identified as being supplied by Plotter Mechanix we do not operate, control or endorse in any way whatsoever any information, products or services on the Internet in any way. Plotter Mechanix does not endorse or make any representations about these other websites, or any information or other products or materials that may be found on these other websites, or any results that may be obtained from anyone using these other websites. If you intentionally decide to access any of these other websites linked to this Site, you may do so entirely at your own risk.
ACCURATE INFORMATION / REGISTRATION AND PASSWORDS
In consideration of your use of the Site, you hereby agree to: (a) provide accurate information as prompted to do so on the Site; and (b) maintain and update such information, to keep it accurate. If you provide any information that is inaccurate, or Plotter Mechanix has reasonable grounds to suspect that such information is inaccurate, Plotter Mechanix may suspend or terminate your use of the Services and/or the Site at any time, and/or decline to permit your continued use of the Site and/or the Services and your future access to the Site.
You may need a username and password to use certain features of the Site, and you may create certain URLs when you establish a profile page, cause page, or review. By selecting a user name and any particular URL you hereby agree that you will not: (i) select or use a name or e-mail address of another person with the intent to impersonate that person; (ii) use a name or e-mail address subject to the rights of any person without prior written authorization from that person allowing you to do so; (iii) use a name in violation of the intellectual property rights of any person; or (iv) use a name that Plotter Mechanix in its sole discretion, deems inappropriate, in violation of this agreement or offensive. You are solely responsible for maintaining the confidentiality of your password and account, and are responsible for any and all activities (whether by you or by others) that occur under your password or involve your account. You will notify Plotter Mechanix immediately of any unauthorized use of your password or account, or any other breach of security. Plotter Mechanix assumes no liability whatsoever for any claim of loss or damage arising from any unauthorized use of your password or account by any third party. Plotter Mechanix has the right to reclaim any user names or URLs at any time for any reason, in it’s sole discretion.
NO RIGHTS OF THIRD PARTIES
CONFLICT WITH OTHER AGREEMENTS
These express Terms are in addition to, and do not nullify, any other agreement between you and Plotter Mechanix or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms, and any other agreement between you and Plotter Mechanix the provisions of such other agreement shall control, but only to the extent applicable to the conflicting provisions. You hereby voluntarily agree to comply with all rules conditions or restrictions that are posted on the Site.
DISCLAIMER CONCERNING TAX DEDUCTIBLE PURCHASES
Plotter Mechanix makes no representation as to whether all or any portion of your purchases is tax deductible. Plotter Mechanix will have no liability for any claim by any federal or state tax authority with respect to the characterization by you, or any Plotter Mechanix Site user or any other third party, on each of the applicable federal and state tax returns. You should consult your personal tax advisor as to the amount of your purchase that is tax deductible. Only qualified purchasers may claim tax deductibility of their payments on approved forms.
JURISDICTION AND GOVERNING LAW
We make no representations that the Site Information, the Services or Products offered through the Site are appropriate, available or legal in any particular location. Those who voluntarily choose to access the Site Information, the services and products offered through Site, do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. You hereby agree that these Terms, of agreement for all purposes, shall be governed and construed in accordance as a business transaction of value between two parties, within the Uniform Commercial Code as implemented under the laws of the State of Arizona, and any action based on, or alleging a breach of these Terms of agreement must be brought in Arizona Arbitration Association located in or near Phoenix, Maricopa County, Arizona, and both parties agree to submit to the exclusive personal jurisdiction and venue of such binding arbitration.
SITE IS FOR USE IN THE UNITED STATES
The Site is hosted in the United States of America, and is solely intended for convenience of users located in the United States. If you are a non-U.S. user of Site, by visiting the Site, using the Services and/or providing https://plottermechanix.com with any User Generated Content specifically or Content generally, you voluntarily hereby duly agree to comply with all federal and state U.S. laws governing the use of this Site, the Services, online conduct and acceptable Content and User Generated Content. You hereby further agree to comply with all applicable laws regarding the transmission of data exported from the United States, or the country in which you reside.
You hereby agree to indemnify, defend and forever hold harmless: Plotter Mechanix and its affiliates, if any, officers, directors, trustees, managers, employees, contractors, and agents of any type, from and against any and all claims, allegations, demands, actions, costs, liabilities, losses and damages of any kind (including attorney's fees) resulting from: (i) your use, violation of, misuse or abuse of the Site or the Site Information, Services or (ii) your breach of any provision of these Terms. You will cooperate as fully as reasonably required in Plotter Mechanix defense of any claim, by any party. Plotter Mechanix reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or negotiate any matter without the Plotter Mechanix’s express written consent to do so. The indemnity provided herein above shall include all costs and expenses of Plotter Mechanix in connection with any such claim, allegation or action by any party, including any third parties, including but not limited to, reasonable attorney’s fees incurred by Plotter Mechanix, expenses incurred in connection with the research, preparation, negotiation, defense of, trial, appellate or any other legal services in connection with any such claim or action.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU HEREBY DULY ACKNOWLEDGE THAT: YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PLOTTER MECHANIX IT’S AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY OF IT’S THIRD PARTY SERVICE PROVIDERS DO HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ANY ELECTRONIC FORM. PLOTTER MECHANIX IT’S AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS EXPRESSLY HEREIN DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE, THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SITE.
PLOTTER MECHANIX, IT’S AFFILIATES, IT’S SUBSIDIARIES, IF ANY, AND IT’S THIRD PARTY SERVICE PROVIDERS SHALL NOT BE IN ANY WAY WHATSOEVER LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, MERCHANDISE AND/OR SERVICES ORDERED THROUGH SITE, YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE OR ANY OF IT’S SERVICES OR THE SITE INFORMATION, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF, OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH ANY THIRD PARTY SITES LINKED TO SITE, REGARDLESS OF THE TYPE OF CLAIM, OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IF YOU LIVE IN SUCH A STATE, YOU AGREE NOT TO USE THIS SITE. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE PLOTTER MECHANIX, IT’S AFFILIATES AND SUBSIDIARIES, IF ANY, AND ANY THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS OF ANY TYPE FROM ANY AND ALL ALLEGATIONS, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY HEREIN REFERED TO AS: "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, AND ANY OF IT’S SERVICES OR THE SITE INFORMATION.
IF YOU ARE CALIFORNIA RESIDENT, AND YOU INTEND TO USE THIS SITE REGARDLESS OF THE DISCLAIMER HEREIN ABOVE, YOU MAY DO SO, WHEN YOU VOLUNTERALY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
BY ENTERING YOUR BILLING AND OR SHIPPING INFORMATION, IF A CALIFORNIA ADDRESS APPEARS THEREON, AND YOU COMPLETE A TRANSACTION OF SETTING UP YOUR ACCOUNT, YOU WILL HAVE VOLUNTARILY INTENTIONALLY WAIVED THE ABOVE SECTION OF THE CALIFORNIA CIVIL CODE SECTION 1542, FOR THE PURPOSE(S) OF YOUR ABILITY TO USE THIS SITE. ---end