Welcome to Mek Technology! MEK TECHNOLOGY is a digital ad agency that creates advertisements and purchases ad inventory on behalf of our clients.
These Terms of Service (“Terms”) define your rights and our rights in relation to your use of the services provided by Mek Technology, Inc. (“Mek Technology”, “we”, “us”, “the Company”), including through (i) the MEK TECHNOLOGY website available at www.themekbrand.com (the “MEK TECHNOLOGY Website”) designed to attract companies in need of marketing and other professional services (“Clients”) (together the MEK TECHNOLOGY Website and related marketing services shall be known as the “Services”).
By accessing or using the Services or any part thereof you (“you”, “user”) agree to be bound by, and access the Services in accordance with, these Terms and all terms, guidelines and policies incorporated by reference in these Terms, including but not limited to Mek Technology’s Privacy Policy www.themekbrand.com/privacy (collectively, the “Agreement”). If you do not agree to this Agreement, you may not use, access, or submit information to the Services.
1. Signing MEK TECHNOLOGY for Marketing Services
If you are interested in signing up with MEK TECHNOLOGY as a Client, please contact us through the MEK TECHNOLOGY Website or email us at info@themekbrand.com You may need to provide certain information, including your contact information, a description of your project (“Project”) and your budget estimate. Based on this information (and any additional information that we collect from you subsequently), we may contact you with the intention of selling Services. Mek Technology’s provision providing Services to Clients is subject to the successful execution of a Client Agreement between MEK TECHNOLOGY and the Client.
2. User Content, Publicity and Feedback
The Services allow you to provide various content and perform various functions, including creating a user profile, creating a Project and submitting associated information, text, files and other materials (collectively, “User Content”). Any User Content you submit or otherwise make available through the Services is owned by you. You grant MEK TECHNOLOGY and our successors and affiliates a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, share, modify, publish, distribute, display and make derivative works of all such User Content: (i) to maintain, provide, improve and promote the Services, (ii) to prevent or address technical or security issues and resolve support requests (iii) to comply with a valid legal subpoena, request, or other lawful process and (iv) for any other lawful purpose. You also hereby grant each user a non-exclusive license to access your User Content through the Services and to use, reproduce, distribute, and display such User Content to the extent permitted through the normal functionality of the Services and subject to all applicable confidentiality and other provisions of the Terms of Service, our Privacy Policy, and applicable law
Additionally, you also grant MEK TECHNOLOGY the right to use, reproduce and publish your name, designation, description of services provided or received, entity name, employer’s name (including former employers), entity trademark or logo, likeness, photograph, voice, statements and testimonials in connection with providing and promoting the Services.
The Services may have certain features that allow you to respond to surveys, submit comments, feedback, information, and other materials (collectively, “Feedback”) to MEK TECHNOLOGY or others. By submitting Feedback through the Services, you grant MEK TECHNOLOGY a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other MEK TECHNOLOGY marketing materials and where required to do so by law or in good faith to comply with legal process).
3. Acceptable Use
You must comply with the following rules regarding acceptable use of the Services. You may not:
• access, tamper with, or use non-public areas of the Services, Mek Technology’s computer systems, or the technical delivery systems of Mek Technology’s providers;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• access or search the Services by any means other than by using the interfaces provided for your authorized use by MEK TECHNOLOGY (for example, “scraping”);
• attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
• interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
You may not utilize the Services to carry out, promote or support:
• any unlawful or fraudulent activities;
• the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• the publishing, posting or storing of other people’s or entities’ private or personal information without their express authorization and permission;
• the sending of unsolicited communications, promotions advertisements, or spam;
• the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer;
• any renting, leasing, distributing, sublicensing, or otherwise providing access to the Services to a third party; or
• the use the Services for competitive analysis or to build competitive products.
You may not store, manage, provide or post any User Content on or to the Services that:
• violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
• is deceptive, fraudulent, illegal, which, if we become aware of, we will remove and report to law enforcement;
• contains viruses, bots, worms, or similar harmful materials; or
• contains any information that you do not have a right to make access or use under law or any contractual or fiduciary duty.
In addition to any other remedies that may be available to us, MEK TECHNOLOGY reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your Account or your access to the Services, upon notice and without liability to MEK TECHNOLOGY should you fail to abide by the rules in this Section or if, in Mek Technology’s sole discretion, such action is necessary to prevent disruption of the Services for other users..
4. Additional Terms Applicable to Clients
In addition to these Terms of Service, your engagement in any Projects through the MEK TECHNOLOGY Services will be subject to and governed by the Client Agreement between you and Mek Technology. You agree to pay MEK TECHNOLOGY all applicable service fees and other fees in accordance with the billing procedures set forth in the Client Agreement.
5. Invoicing and Payments
You agree to pay all fees and charges applicable to your use of the Services. We partner with third party payment providers (“Third-Party Payment Providers”) including Quickbooks and Gusto to manage invoicing and payments. By using our Services, you agree to provide the Third-Party Payment Provider(s) accurate, current, complete and authorized information about yourself and your business, and your credit, debit or other payment card data. By providing Third-Party Payment Provider(s) with your payment information, you agree that MEK TECHNOLOGY is authorized to immediately charge you for all fees and charges due and payable hereunder and that no additional notice or consent is required. You agree to immediately update your payment details with the Third-Party Payment Provider if there is any change in your billing address or the credit card used for payment hereunder.
We reserve the right to suspend or terminate your account and the Services provided to you if any fees or charges remain unpaid. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments, and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Mek Technology’s net income.
6. Our Proprietary Rights
MEK TECHNOLOGY retains all rights including intellectual property rights, title and interest in the Services, including but not limited to the MEK TECHNOLOGY Website, apps (if any), the MEK TECHNOLOGY Platform, other technology of Mek Technology, email databases, reports, documentation, and all underlying data and technology, including all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing.
MEK TECHNOLOGY grants you a limited, non-exclusive, non-transferable, and revocable right to access the Services for their intended purposes subject to your compliance with these Terms and Mek Technology’s policies. You may not, and will not allow others to, copy, modify, distribute, sell, or lease any part of the Services. Further, you may not and will not allow others to reverse engineer, decompile, disassemble, extract, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Mek Technology’s technology or delete or alter author attributes or copyright notices. You may only access the Services through the interfaces that MEK TECHNOLOGY provides for that purpose, and you may not interfere with or attempt to disrupt the Services.
7. Third Party Services and Links
A “Third-Party Service” means any software, software-as-a-service, data sources, content, websites or other products or services not provided by MEK TECHNOLOGY that are integrated with the Services or used to provide the Services (for example, WordPress, MailChimp and AirTable) The Services may depend upon, interact with, support integrations with or enable access to Third-Party Services, which may in each case be accompanied by separate terms of use. User is solely responsible for complying with any relevant terms and conditions of the Third-Party Services and maintaining appropriate accounts in good standing with the providers of the Third-Party Services. USER ACKNOWLEDGES AND AGREES THAT MEK TECHNOLOGY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY SERVICES OR ANY USER DATA EXPORTED TO A THIRD-PARTY SERVICE. WE DO NOT ENDORSE, AND HEREBY DISCLAIM ALL LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICE.
Our Services may also contain links to other websites or resources. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, we are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources.
8. DISCLAIMER OF WARRANTIES
ALL SERVICES, SUPPORT AND THE PLATFORM ARE PROVIDED “AS IS,” AND MEK TECHNOLOGY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, QUALIFICATION, ACCURACY, TRUTHFULNESS, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SERVICES NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA AND USER CONTENT OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA AND USER CONTENT WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD-PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
MEK TECHNOLOGY TAKES NO RESPONSIBILITY FOR ANY USER CONTENT OR OTHER CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
MEK TECHNOLOGY DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOURS OR ANY OTHER USER, ON OR OFF THE SERVICES.
9. Indemnity
You agree to indemnify, defend, and hold harmless Mek Technology, affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your User Content, your dealings with or conduct towards other users whether through the Services or otherwise (including offline), or your breach of this Agreement.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEK TECHNOLOGY, ITS PARENT COMPANY, AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR USER CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT, EVEN IF MEK TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MEK TECHNOLOGY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE FEE PAID, IF ANY, BY YOU TO MEK TECHNOLOGY FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
11. Privacy
We collect certain data and information about you in connection with your use of the Services and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, which you acknowledge. We are always striving to improve the Services. In order to do so, we use analytics techniques to better understand how our Services are being used. For more information on these techniques and the type of data collected, please read our Privacy Policy.
12. Termination
Unless otherwise specified in the Client Agreement, you can stop using the Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. Such termination will not relieve you of any obligations under these Terms which are expressly or by implication intended to survive termination.
13. Governing Law; Waiver of Jury Trial
These Terms, the Services, and the transactions contemplated hereby, and all related disputes between the parties arising from relating to these Terms, whether in contract, tort, or otherwise, shall be governed by the laws of the State of California, without reference to California’s conflict of laws principles, and any related legal actions must be brought in the court of appropriate jurisdiction in the County of San Francisco, California, which shall have exclusive jurisdiction. You hereby waive any claim of lack of jurisdiction or inconvenient forum. YOU AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. The prevailing party in any such legal action shall be entitled to an award of its reasonable legal fees and costs.
14. Entire Agreement and Severability
These Terms together with Mek Technology’s Privacy Policy, subject to any amendments, modifications, or additional agreements you enter into with Mek Technology, shall constitute the entire agreement between you and MEK TECHNOLOGY with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
15. No Waiver
No modification or amendment to these Terms will be binding on MEK TECHNOLOGY unless they are agreed in a written instrument signed by a duly authorized representative of MEK TECHNOLOGY or posted on the MEK TECHNOLOGY Website by Mek Technology. Mek Technology’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
16. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. MEK TECHNOLOGY may assign its rights, licenses, and obligations under these Terms without limitation.
17. Force Majeure
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, health outbreaks, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
18. Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on the MEK TECHNOLOGY Website and, if a revision to the Terms is material, MEK TECHNOLOGY will notify you of the new Terms (for example, on the website, by email or by a notification on the Services). Changes to these terms will not apply retroactively. Your continued use of the MEK TECHNOLOGY Website or Services is conditioned upon your acceptance of the latest version of the Terms accessible on the MEK TECHNOLOGY Website or the Services at the time of your use.
19. Copyright and Trademark Policy
MEK TECHNOLOGY respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. MEK TECHNOLOGY will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Mek Technology’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Mek Technology’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which MEK TECHNOLOGY may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Mek Technology, Inc.
14175 TELEPHONE AVENUE SUITE N
CHINO, CA 91710
Email:info@themekbrand.com
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Mek Technology’s designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).
20. Contact Information
If you have any questions or comments about these Terms, please contact MEK TECHNOLOGY by email at info@themekbrand.com or mail us at:
Mek Technology, Inc.
14175 TELEPHONE AVENUE SUITE N
CHINO, CA 91710