Terms & Conditions

License Grant & Restrictions

During the Term of this Agreement, Mechanic Advisor grants the non-exclusive, non-transferable, right to use the Service, solely for the Customer’s own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to the Customer are reserved by Mechanic Advisor and its third party licensors or suppliers. The Service includes Mechanic Advisor’s software as a service products (Steer, AutoOps), mechanicadvisor.com, and its Website product(s).

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The Customer shall not distribute or otherwise commercially exploit or make available to any third party the Service or the content provided by or on behalf of Mechanic Advisor or reverse engineer or access the Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, or (iii) copy ideas or user interface features of the Service.

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The Customer agrees that Mechanic Advisor may publish, modify and amend any and all Content appearing within steer.io, and internet domains or content feeds owned by Mechanic Advisor, including Content consisting of promotions, advertisements and listings for non-competing local businesses, or products and services offered by Mechanic Advisor.

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Customer Data & Account Information

The Customer retains all right, title and interest to any and all customer data captured by the Mechanic Advisor system («Customer Data») or provided to Mechanic Advisor, subject to Mechanic Advisor’s right to use such Customer Data to provide the Service to the Customer. This Agreement is not a sale and does not convey to the Customer any rights of ownership in or related to the Mechanic Advisor Service, Mechanic Advisor technology, Mechanic Advisor Content, or Mechanic Advisor intellectual property except for the limited licenses granted to the Customer under this Agreement. Any and all software, algorithms, applications, source codes, structures, sequences, routines, sub-routines and related programming, engineering or technological matter developed or created by Mechanic Advisor or its licensors (and all copyrights, patents, trademarks and other proprietary rights related thereto) shall remain the sole, exclusive and perpetual property of Mechanic Advisor or its licensors. Mechanic Advisor works with third parties to offer its customers additional products and services from time to time. Mechanic Advisor collects anonymized, aggregate data in order to provide such additional product and services to the Customer and the Customer agrees to permit us to use such anonymized, aggregate data. Customer grants Mechanic Advisor and its hosting partners a worldwide, non-exclusive, royalty-free license to host, reproduce, transmit, and display Customer’s Website content solely for the purpose of providing the Website product. This license includes the right to make technical modifications (e.g., formatting, compression, or resizing) required to render and display the Website. Customer remains solely responsible for all website content and represents and warrants that such content does not infringe third-party rights or applicable law.

Customer retains all right, title, and interest in and to any content, data, images, logos, trademarks, graphics, text, audio, video, or other materials that Customer uploads, publishes, or otherwise makes available through the Website product (“Customer Content”). Customer acknowledges that all software, templates, designs, hosting infrastructure, and other technology provided by Mechanic Advisor in connection with the Services (“Steer Content”) are owned by and remain the property of Mechanic Advisor and its licensors. Customer is granted a limited right to use the Steer Content as part of the Website product during the subscription term, subject to the terms and conditions herein.

The trademarks, trade names, service names or logos associated with the Service (collectively, the «Marks») are trademarks of Mechanic Advisor or its licensors, and no right or license is granted to use them. The Customer hereby acknowledges Mechanic Advisor or its licensors’ perpetual and exclusive ownership of and title to the Marks and the goodwill attaching thereto. The Customer agrees not to use or attempt to register any Mark that is confusingly or deceptively similar to the Marks.

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Customer Responsibility & Passwords

Customer is solely responsible for any and all activity occurring under the Customer’s user accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Customer’s use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. The Customer also will choose a password and a user name. The Customer is entirely responsible for maintaining the confidentiality of their password and account. The customer agrees to notify Mechanic Advisor immediately of any unauthorized use of their account or any breach of security. Mechanic Advisor will not be liable for any loss that the Customer may incur as a result of someone else using Customer’s password or account, either with or without Customer’s knowledge. The Customer warrants and represents that: (i) the content to be transmitted by or on the Customer’s behalf does not constitute SPAM; (ii) the content to be transmitted by or on the Customer’s behalf is not illegal, threatening, hateful, vulgar, obscene, libelous or defamatory and does not and will not infringe upon any trademark, patent, copyright, trade secret or other proprietary, publicity or privacy right of any third party; and (iii) the Customer has complied and will comply with all applicable laws and regulations respecting the Customer’s execution and performance of this Agreement. Customer is solely responsible for ensuring that its website complies with applicable laws, including but not limited to accessibility requirements, consumer protection laws, and domain name regulations. Customer represents that it has obtained all necessary rights to use website content, including images, copy, and branding provided to Mechanic Advisor.

The Mechanic Advisor Service receives data from third-party software systems, which Customer will designate in the process of setting up the Mechanic Advisor Service. If the Customer elects to change, upgrade or materially alter the third party software system from which Mechanic Advisor receives data, Mechanic Advisor does not guarantee that all Customer Data or Service functionality will be preserved. The Customer is responsible for communicating any changes in data structure, management system, or hardware upgrades that may impact Mechanic Advisor’s ability to receive and process Customer Data. In addition, Customer is responsible for providing Mechanic Advisor with accurate instructions and information regarding the third party systems and databases with which the Service will interface, and the Customer bears all responsibility for incomplete, inaccurate or otherwise faulty information regarding third party systems and databases belonging to Customer as conveyed to Mechanic Advisor in connection with set up or maintenance of the Service.

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Limited Liability

IN NO EVENT SHALL MECHANIC ADVISOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS OR AFFILIATES BE LIABLE FOR, EVEN IF MECHANIC ADVISOR HAS BEEN ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES: (I) ANY INDIRECT, INCIDENTAL, UNFORESEEABLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (II) ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF EARNINGS OR LOSS OF BUSINESS OPPORTUNITIES; (III) COSTS OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; (IV) LOSS OF DATA OR OTHER OF THE CUSTOMER’S CONTENT RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES, SECURITY BREACHES TO, SERVICE INTERRUPTIONS TO, OR ERRORS OR OMISSIONS RESPECTING THE SERVICE OR THE OPERATION OF MECHANIC ADVISOR OR ITS LICENSORS’ NETWORKS; OR (V) LOSSES OR LIABILITIES DUE IN WHOLE OR IN PART TO INADVERTENT, PREMATURE OR UNAUTHORIZED RELEASE OR DISCLOSURE OF INFORMATION BY THE CUSTOMER VIA MECHANIC ADVISOR OR ITS LICENSORS’ NETWORKS. THE TOTAL CUMULATIVE LIABILITY OF MECHANIC ADVISOR TOGETHER WITH ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS AND AFFILIATES TO THE CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE IS LIMITED TO THE AMOUNT OF FEES THE CUSTOMER PAYS TO MECHANIC ADVISOR IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. The foregoing limitations will apply even if Mechanic Advisor has been notified of the possibility of such damages and notwithstanding the failure of the essential purpose of any limited remedy. No action or claim relating to this Agreement shall be made against Mechanic Advisor or its parent, Licensors, subsidiaries, officers, directors, employees, partners or affiliates by the Customer or on the Customer’s behalf more than TWELVE (12) months after the event giving rise to such action or claim. Mechanic Advisor shall not be liable for downtime, outages, security incidents, or data loss caused by third-party hosting providers. Mechanic Advisor does not guarantee search engine rankings, website traffic, or business results from the website product.

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Indemnity

The Customer agrees to indemnify and hold Mechanic Advisor (including its officers, directors, agents, and employees, contractors, sub-contractors, licensors, and partners) harmless from any claim, demand, judgment, liability, damage, cost and expense, including reasonable attorneys’ fees, made by any third party due to or arising out of the Customer’s breach or alleged breach of this Agreement or the documents it incorporates by reference, or the Customer’s violation of any applicable law, rule or regulation or the rights of a third party (including without limitation any negligent, willful, tortious or illegal conduct by Customer affecting a third party). Customer agrees to indemnify Mechanic Advisor for any claims arising from Customer website content, including intellectual property infringement, defamation, consumer complaints, and violations of applicable law.

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Term

Unless otherwise agreed by Mechanic Advisor, this Agreement will AUTOMATICALLY RENEW on a month- to-month basis.

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Termination

Any breach of the Customer’s payment obligations or unauthorized use of the Mechanic Advisor Technology, Content or Service, or Breach of the Privacy Policy (as defined on Steercrm.com) will be deemed a material breach of this Agreement. Mechanic Advisor, in its sole discretion, may terminate the Customer’s password, account or use of the Service if Customer breach or otherwise fail to comply with this Agreement. In addition to any other rights granted to Mechanic Advisor herein, Mechanic Advisor reserves the right to suspend or terminate this Agreement and the Customer’s access to the Service if the Customer’s account becomes delinquent, if the Customer violates the Mechanic Advisor Privacy Policy, the Mechanic Advisor Terms of Use, or otherwise engage in fraudulent or unlawful activities. In addition, Mechanic Advisor may terminate a free account at any time in its sole discretion. The Customer agrees and acknowledges that Mechanic Advisor has no obligation to retain the Customer Data, and may delete such Customer Data, if the Customer has materially breached this Agreement, and such breach has not been cured within thirty (30) days of notice of such breach. In addition, failure to pay Service Fees will result in termination of Services as deemed appropriate by Mechanic Advisor.

To cancel the Service, a Customer must provide Mechanic Advisor with written notice at least thirty (30) days in advance. The notice must be sent to Mechanic Advisors’ customer success team at CSSupport@steercrm.com. The Customer’s Service will terminate 30 days after the next recurring billing cycle subsequent to receiving the cancellation notice. If the Customer fails to provide the required notice, the Service will automatically renew for the subsequent billing cycle, and no refunds will be provided for any prepaid amounts. Upon termination, Mechanic Advisor may remove Customer’s website from public access. Mechanic Advisor has no obligation to retain or provide backups of website content except as expressly agreed in writing. If Mechanic Advisor has registered a domain name on behalf of Customer, Customer must arrange transfer within thirty (30) days of termination.

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Billing & Pricing

Mechanic Advisor charges and collects in advance for use of the Service. No refunds will be available for fees the Customer has paid. Mechanic Advisor will automatically renew and bill the Customer's credit card every month for monthly licenses and fees, or in an otherwise mutually agreed upon manner. The Customer expressly agrees that Mechanic Advisor is authorized to charge the Customer (i) a recurring monthly fee for any applicable Service billed on a monthly basis automatically, (ii) any other fees for the Service the Customer may purchase, and (iii) any applicable taxes in connection with the Customer's use of the Service to the credit card that the Customer provides and to reimburse Mechanic Advisor for all collection costs and any overdue amounts.

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Email Finder Product

Mechanic Advisor works with a third-party provider to gather email addresses for individuals in the Customer’s database for which the Customer does not currently have email addresses on file. By opting in to use Mechanic Advisor’s email finder product,the Customer will be subject to the monthly service fee once email finder begins for that calendar month; email finder begins once Mechanic Advisor has passed the Customer’s data to the Mechanic Advisor third-party provider. The fees are based on per-valid email returned each month from the provider.

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Mailer Product

By opting in to use Mechanic Advisor’s mailer product, the Customer will be subject to the service fees charged per printed postcard. The Customer assumes full responsibility that any custom content they submit is correct, and in the event that the Customer submits incorrect information, misspellings, grammatical errors, etc., the Customer agrees to pay any and all associated correction fees.

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Taxes

Unless otherwise stated, the Mechanic Advisor fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction, plus interest, penalty and additions thereon (collectively, «Taxes»). The Customer is responsible for paying all Taxes applicable to their purchase or use of Mechanic Advisor products or services. If Mechanic Advisor has the legal obligation to pay or collect Taxes (or an amount in respect of Taxes) for which the Customer is responsible under this paragraph, the appropriate amount shall be invoiced to and paid by the Customer, unless the Customer provides Mechanic Advisor with a valid tax exemption certificate authorized by the appropriate taxing authority. Mechanic Advisor is responsible solely for taxes based on its income.

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Reviews

Mechanic Advisor works with a third party-provider to request reviews on behalf of the Customer. By opting into this service, Customer agrees to adhere to the Terms of Service of all major review sites. This includes but is not limited to Google, Facebook, Yelp, and other review sites. In addition, Customer agrees to adhere to industry best practices and FTC regulations, including but not limited to the following:

• Fake or False Consumer Reviews, Consumer Testimonials, and Celebrity Testimonials.
• Buying Positive or Negative Reviews.
• Insider Reviews and Consumer Testimonials.
• Company-Controlled Review Websites.
• Review Suppression.
• Misuse of Fake Social Media Indicators.
• Review Gating which is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.

The Mechanic Advisor Review default set-up meets FTC requirements. However, Mechanic Advisor can be personalized by the Customer and the Customer’s staff, so we encourage the Customer to educate themself on FTC regulations by visiting the FTC Website.

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Credit Card Authorization

By submitting the Customer’s credit/debit card («Bank Card») data to Mechanic Advisor, the Customer authorizes Mechanic Advisor in its complete discretion to submit a financial transaction(s) to Customer’s issuing bank for settlement. The Customer agrees that once Mechanic Advisor has approved or declined the Customer’s transaction, Mechanic Advisor has fully performed under the terms of this Agreement. The Customer agrees to contact Mechanic Advisor in the event that they desire to cancel any recurring charge, prior to the next billing cycle. Should the Customer fail to contact Mechanic Advisor, they agree to indemnify and hold Mechanic Advisor harmless from any losses or damages that they suffer as a result of a recurring charge. Mechanic Advisor may be contacted at: help@steercrm.com or Mechanic Advisor, Inc., 11 Elkins Street. Suite 310, Boston, MA 02127, 617-765-8187. If the Customer thinks that there is an error on their account, including an incorrect amount or unauthorized transaction, the Customer agrees to contact Mechanic Advisor prior to the next billing cycle. Upon proper notification, Mechanic Advisor, in its sole discretion may issue a credit to the Customer’s Account.

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Representation & Warranties

The Customer represents and warrants that they have the power and authority to enter into this Agreement and the Customer has not falsely identified themself or the Customer’s corporate entity, or provided any false information to gain access to the Service, and that all Bank Card and other billing information that the Customer has provided is correct. THE SERVICE IS PROVIDED «AS IS» AND «AS AVAILABLE». EXCEPT AS EXPLICITLY SET FORTH ABOVE, MECHANIC ADVISOR IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICE, CONTENT OR TECHNOLOGY, AND MECHANIC ADVISOR AND ITS LICENSORS, DISTRIBUTORS, PARTNERS AND AFFILIATES (COLLECTIVELY, THE “AFFILIATES”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICE, CONTENT AND TECHNOLOGY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MECHANIC ADVISOR, ITS PARENT, ANY THIRD PARTIES ACTING ON ITS BEHALF, AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICE, OR FOR ANY OTHER PROBLEMS EXPERIENCED BY THE CUSTOMER DUE TO CAUSES BEYOND MECHANIC ADVISOR’S OR ANY THIRD PARTIES ACTING ON ITS BEHALF, OR ITS AFFILIATES’ CONTROL.

FURTHER, MECHANIC ADVISOR EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS THE CUSTOMER MAY MAKE WITH CONSUMERS OR SITE USERS, AND THE CUSTOMER WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR THE PROFESSIONAL AND TECHNICAL SERVICES THEY PROVIDE. MECHANIC ADVISOR HAS NO LIABILITY FOR THE CONSEQUENCES TO CONSUMERS OR SITE USERS FOR USE OF THE SERVICE.

MECHANIC ADVISOR OFFERS NO ASSURANCE THAT THE CUSTOMER’S USE OF THE SERVICE UNDER THE TERMS OF THIS AGREEMENT WILL NOT VIOLATE ANY LAW OR REGULATION APPLICABLE TO THE CUSTOMER. MECHANIC ADVISOR AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SERVICE OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF THE CUSTOMER USES THE SERVICE OR THE CONTENT OUTSIDE THE UNITED STATES OF AMERICA, THE CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

IN ADDITION, THE CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT, TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING SUCH ADVICE.‍

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Exclusions Not Applicable

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth in this Agreement may not apply to the Customer. In such event, Mechanic Advisor’s liability under this Agreement will be limited to the greatest extent permitted by applicable law in such jurisdiction.

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Email Compliance

The Customer agrees to comply with all elements of CAN-SPAM and safe sender email practices. This includes but is not limited to including unsubscribe links, Customer’s full contact information in all correspondence, and not releasing private and/or confidential information. The Customer may only use email services for those customers with whom they have an existing business relationship and which have indicated that they accept correspondence from the Customer. The Customer may not attempt to spoof sender domains, send spam or other offending email practices including those covered in the Section titled “ Customer responsibility and passwords; third-party software” of this Agreement. Because of carrier technologies, Mechanic Advisor makes no expressed or implied warranty of individual message receipt. Mechanic Advisor is not liable for any issues that arise associated with the content that the Customer provides or unforeseen liabilities of it being delivered.

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Text Message Compliance

The Telephone Consumer Protection Act (TCPA) is a federal law regulating the way consumers are contacted by telephone, fax, and text message. The TCPA regulations apply to the text and automated landline messages the Customer is able to send through the Mechanic Advisor Service to communicate with the Customer’s patrons.

Prior Consent

TCPA regulations require that companies obtain consent from patrons prior to sending any sort of text or automated telephone messages. The TCPA regulations are described below to help the Customer understand the restrictions . Mechanic Advisor automates text message communications, but the Customer is responsible for ensuring that the recipients of those communications have provided prior express written consent to receive them.

The Mechanic Advisor Service includes default templates that meet the requirements for information-only content. However, Mechanic Advisor Service messages can be personalized by the Customer and the Customer’s staff, so we encourage the Customer to educate themself on TCPA guidelines by visiting the U.S. Federal Communications Commission website prior to making any modifications to the default templates.

Opt-Out

TCPA regulations require the Customer to honor customer requests to opt-out of future telephone, fax, or text messages. The Mechanic Advisor Service allows the Customer to honor these requests on an individual basis. A patron may also opt-out of text messages at any time by replying with the word STOP to any text message sent through the Mechanic Advisor Service. The Customer is responsible for all liability for any failure to receive consent or failure to opt users out of the text message feature.

Identity Disclosure

The Customer will not send any text messages that do not contain complete and proper identification. Additionally, the Customer may not attempt to spoof sender domains, send spam or other offending text message practices including those covered in the Section titled “Customer responsibility and passwords; third-party software” of this Agreement.

Mechanic Advisor makes no expressed or implied warranty of individual message receipt. Standard text message rates apply for all text message services. Mechanic Advisor shall not be liable for any issues that arise associated with the content that the Customer provides or unforeseen liabilities of it being delivered. The Customer shall be solely liable to comply with applicable laws and regulations within the Customer’s jurisdiction in connection with telecommunication (e.g., email and text) messages that the Customer sends to theirpatrons.

For more information about the Customer’s responsibilities under the TCPA, please visit the U.S. Federal Communications Commission website.

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Giving Us Access To Other Accounts & Services

The Service may require the Customer to give Mechanic Advisor access to or require the Customer to provide login information and password information for accounts or services the Customer has with third party providers. When the Customer provides this information to Mechanic Advisor or gives Mechanic Advisor access to these third party accounts, the Customer agrees that they have read all contracts and written agreements governing such access, login information and passwords and that the Customer has all the necessary contractual and legal rights to give Mechanic Advisor such access, login information and passwords. In addition, for certain Services, Mechanic Advisor grants the Customer permission to create and submit content on the Customer’s behalf to press release news outlets, directories, search engines, social media outlets, and other destinations.

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Governing Law; Venue; Dispute & Waiver Of Class Action

i. Governing law. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Massachusetts, without reference to its choice of law principles to the contrary.

ii. Venue. The Customer will not commence or prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement other than in the state or federal courts located in Boston, Massachusetts. The Customer irrevocably consent to the jurisdiction and venue of the courts identified in the preceding sentence in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement and hereby waive the right to challenge the jurisdiction of such courts on grounds of lack of personal jurisdiction or forum nonveniens or to otherwise seek a change of venue. This choice of venue is intended to be mandatory, and not permissive, in nature. The Customer hereby waives any right to a jury trial in any proceeding arising out of or related to this Agreement. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Any questions regarding this Agreement, or if you wish to obtain additional information, please send an e-mail to help@steercrm.com