TERMS OF SERVICE

These Terms ("Agreement") is a contract between you (hereinafter referred to as “user”, “mechanic”, “Member”) and PDX Mechanics (hereinafter referred “PDX,” “we,” “us,” or “our”). It set out the terms and conditions under which individuals may use the website or future mobile application and access the services offered by PDX. By using the PDX services, you agree to be bound by the following terms and conditions (the "Terms of Service"), whether or not you register as a member ("Member").

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. PDX may modify this Agreement occasionally and such modification shall be effective upon posting by PDX on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes PDX's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and PDX's Privacy Policy.

Note: You must be 18 years of age or older to open a new account on PDX. We reserve the right to remove any Member for any reason or no reason with or without prior notification. You acknowledge and agree that PDX may store removed information at its sole discretion. You acknowledge and agree that PDX is not liable for any loss or intentionally deleted data or information.

You may not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity, pornography, weapons, violence, or illegal drugs.


DESCRIPTION OF SERVICES

PDX Mechanic offers a online services which allows individuals and/or entities providing auto repair services ("Mechanics") to post service information profiles on the Website to facilitate matching with those Users who are seeking auto repair services ("auto owners").


PDX Mechanic's Services facilitate the matching of Auto owners and Mechanics by providing search functions to allow Auto owners to find the appropriate Mechanics based on their preferences and needs. PDX Mechanic's Service also involves providing a platform to facilitate the initial and ongoing communication between Auto owners and Mechanics ("Messaging Platform"). Through the Messaging Platform, Users can engage with one another without disclosure of their e-mail or phone number.

PDX Mechanic is not a party to the relationship between the Auto owner and Mechanics. PDX shall not, in any way, be liable to an Auto owner or Mechanics or any other third party, arising, either directly or indirectly from such employment or independent contractor agreement between the parties.


PDX Mechanic does not verify, review, evaluate, interview, screen or perform any background checks on any of its Users or the content posted by the User on the Platform. You assume all risks associated with dealing with other persons whom you come in contact with through the Services of PDX Mechanic's Platform.


ELIGIBILITY

Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older, and if you are not of the age of majority where you reside, you will only use the PDX Service with parental or legal guardian consent (following their review of this Agreement), and that your use of the Service shall not violate any applicable laws or regulations. You must be 18 years of age or older to open a new account. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.


If you are registering as Mechanic, you warrant that you are legally permitted to work in the jurisdiction where you are seeking employment.


MEMBER ACCOUNT AND PASSWORD

To access and use certain features of the Website, you will need to create a profile through the Website ("User Account"). As part of the process to create, register and maintain your User Account you must provide PDX with certain current, complete, and accurate registration information, including your name, e-mail address, age, address, postal code/ZIP code, and phone number, and other data or information that has been requested by PDX during the client account registration or renewal process ("Registration Data"). If you are enrolling in PDX's Payroll Services, additional information, including your bank account number and Social Insurance Number will be collected.


Once Member registers for PDX, Member will have a password and an account with

PDX. Member is responsible for keeping the Member's password and account confidential. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify PDX of any unauthorized use of Member's account or any other breach of security known to Member.


FEES, TERM AND RENEWAL

PDX charges a fee of for its Services. The first fee payment is made when a User signs up for PDX’s Services. User agrees that the fee shall be automatically renewed based on the term chosen by the User (e.g., monthly, quarterly, annually), unless the Services are thereby terminated by either Party.


You agree that any fees associated with the use of PDX's Services are considered final payments and are non-refundable.


SUBSCRIPTION RENEWALS

In order for our esteemed users to gain continuous access to our services, PDX automatically renews all paid subscriptions for the Services on the date such subscriptions expire. We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotion message sent to our users. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out.


CANCELLATION OF SUBSCRIPTION

You have the right to cancel your subscription within 14 days without giving any reason. The cancellation period will expire after 14 days from your purchase of the subscription. If you have benefited from a free account, the cancellation period will expire 14 days from the beginning of your free account.

PDX reserves the right to close your account (whether you are a paid subscriber or have a free account) at any time for any reason with or without notice to you. If you have paid a subscription fee for the PDX Service and PDX closes your account, PDX will give you a pro-rata refund of any subscription fee you have paid in advance.

You can close your account and terminate any paid subscription or free trial at any time for any reason by visiting the 'Your Account' page and opting to ‘Delete your account’.

MEMBER BEHAVIOR AND USE OF PDX


Use of the Services by you, as a Member, is subject to all applicable local, state, national and international laws and regulations. PDX reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does PDX guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, PDX, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that PDX deems appropriate to enforce its rights and pursue all available remedies. Without limitation, PDX reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:

  1. Members shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Member's use of site or stalking.

  2. Members shall not list the email addresses of people unknown to them.

  3. Members shall not list as referrals any email addresses that are fake, fictitious, or made up.

  4. Members shall not list as referrals any email addresses which are owned by or belong to that member.

  5. Members shall not attempt to interfere with any other person's use of the Services.

  6. Members shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, an PDX employee, forum leader, guide or host.

  7. Members shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the PDX website.

  8. Members shall not use any portion of the PDX website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.

  9. Members shall not use any portion of the PDX website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

  10. Members shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.

  11. Members shall not use any portion of the PDX website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to

    Minors.

  12. Members shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.

  13. Members shall not post content that displays pornographic or sexually explicit material of any kind.

  14. Members shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.

  15. Members shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

  16. Members shall not attempt to gain unauthorized access to PDX's database or other computer systems.

  17. Members shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by PDX in connection with the PDX website or the Services.

  18. Members shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the PDX website.

  19. Members shall not collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.

  20. Members shall not use any portion of the PDX website or the Services for any unlawful purpose.

  21. Members shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Members.

  22. Members shall not use the account, username, or password of another Member at any time or disclose their password to any third party or permit any third party to access their account.

  23. Members shall not post any contact information on Profile pages, Groups or Newsfeed. Contact information includes email addresses, instant messenger IDs, phone numbers and physical addresses.

  24. Members shall not publicly post information that poses or creates a privacy or security risk to another person.

  25. Members shall not attempt to sell a PDX user account.

    All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of PDX and its designees. PDX has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the PDX Services. PDX

    and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of PDX. PDX is not obligated to provide a Member with a warning prior to removal.


    PRIVACY POLICY

    PDX has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking [WEBSITE]/privacy_policy. The policy explains how and when PDX may use Member information and content. Member's use of the PDX website or the Services signifies acknowledgment of an agreement to PDX's Privacy Policy.


    NON-COMMERCIAL USE BY MEMBERS

    The Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PDX. Illegal and/or unauthorized use of the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by PDX for any illegal or unauthorized use of the Website.


    CONTENT AND USE OF SERVICES


    As an Auto owner, Mechanics or any other User of the Services, you agree that the content of information and materials posted on the Website or App by You is accurate, current and complete. In addition, you represent and warrant as follows:

    1. You will use the Services provided by PDX solely for yourself and are responsible for all activity and use of your account and may not assign or transfer your account to any other person.

    2. You have the right and authority to post all information you post about yourself or others.

    3. You will not provide inaccurate, misleading, defamatory or false information to PDX or to any other User of the Website or App.

    4. You will not post any content (including, but not limited to, written material, text, photos, or graphical content) on the Website, or transmit to other users, that is defamatory, inaccurate, inappropriate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act.

    5. Your use of the Website, App and Services provided by PDX are in accordance with any and all applicable laws and regulations.


COPYRIGHTS, TRADEMARKS, PATENTS AND INTELLECTUAL PROPERTY RIGHTS

Member acknowledges that messages, files or other materials ("Content") contained on the PDX website and within PDX email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by PDX and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use PDX Content or third party Content only as expressly authorized by PDX or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the PDX Content or third party Content without expressly being authorized to do so by PDX or the third party advertiser. Member may make a copy of the PDX Content or third party Content for Member's personal, non-commercial use only, provided that Member keeps all copyrights or other proprietary notices intact. Although PDX does not claim ownership of content that its Member's may provide to PDX, by providing content to PDX, Members automatically grant, and represent and warrant that they have the right to grant, to PDX a worldwide, irrevocable, perpetual, non- exclusive, and fully sub licensable, license to use, copy, perform, display, and distribute said content.

PDX respects copyright law and expects Members to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PDX's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), via email: pdxmechanics@gmail.com

Please provide our Agent with the following Notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;

  2. Identify the material on PDX that you claim is infringing, with enough detail so that we may locate it on the website;

  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

  5. Your address, telephone number, and email address; and

  6. Your physical or electronic signature.

PDX's Agent will forward this information to the alleged infringer. It is PDX's policy to terminate the accounts of repeat infringers.


THIRD PARTY LINKS

The sites linked to by the PDX Website are developed by people over whom PDX exercises no control PDX cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that PDX will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the PDX Services.


DISPUTES

You are solely responsible for your interactions with other PDX Members. PDX reserves the right, but has no obligation, to monitor disputes between you and other Members.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of [NAME OF COUNTRY] without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of [NAME OF COUNTRY].


TERMINATION

Either party may terminate use of the PDX website or the Services with or without cause at any time and effective immediately upon written notice to the other party. PDX may terminate with or without cause at any time and effective immediately, at PDX's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. PDX shall not be liable to Member or any third party for termination of use of PDX or the Services. Member's right to use PDX or the Services shall cease immediately. Member shall have no right and PDX will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.


DISCLAIMERS OF WARRANTIES

MEMBER AGREES THAT USE OF THE PDX WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE PDX WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES,

INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PDX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PDX WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PDX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PDX WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE PDX WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PDX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PDX WEBSITE OR THE SERVICES. Some

jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PDX BE LIABLE AS A RESULT OF MEMBER'S USE OR MISUSE OF THE PDX WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PDX WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PDX WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PDX WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PDX WEBSITE OR THE SERVICES OR ANY LINKS ON THE PDX WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PDX WEBSITE OR THE SERVICES OR ANY LINKS ON THE PDX WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some

jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.


INDEMNITY

You agree to indemnify and hold PDX, its subsidiaries, affiliates, officers, agents, and

other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, PDX (or other Indemnitees) may incur resulting from or arising out of your use of the Service, your actions, any content you submit, post, or transmit through the Service, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.


NO AGENCY

There is no agency, partnership, joint venture, employee-employer or franchisor- franchisee relationship between PDX and any User of the Service.


WAIVER AND SEVERABILITY

The failure of PDX to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.


NON-ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PDX without restriction.


AGREEMENT

The Agreement makes up the entire agreement between Member and PDX and governs your use of PDX and the Services, superseding any prior agreements between Member and PDX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third- party software. The failure of PDX to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.


GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of [NAME OF COUNTRY] without regard to the conflicts of laws and principles thereof.

OTHER

Note: PDX Mechanics will not be held liable or responsible for any damages done by bad mechanics, or customers/auto owners that refuse to pay after the service has been completed. This Agreement is accepted upon your use of the Service and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and PDX regarding the use of the PDX and/or the Service.

Please always feel free contact us at pdxmechanics@gmail.com with any questions regarding this Agreement.

Last Updated: February 03, 2020.