MachinistPRO Legal

1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to the MachinistPRO™ Program (the “Program”), you agree to be bound by these “Terms of Use”, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this Program, you will be subject to any rules or guidelines applicable to those services, and they shall be incorporated by reference into these Terms of Use. If you do not agreeto these Terms of Use, do not download, install or use this Program.

2. Our Program
Our Program is provided to you on and through your Apple iPhone, iPod Touch, iPad or any other Apple product compatible with the Program, whether existing currently or in the future (each a “Mobile Device”) on an "AS IS" basis. You agree that the owners and developers of this Program exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Program and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data, information or calculations. The quantitative output you may obtain by your use of the Program is intended for information purposes only, and
you should not solely rely upon such quantitative output. Further, this Program is not a substitute for professional advice or counsel.

3. License to Use
We grant you a limited, personal, non-exclusive, revocable, non-transferable license (the “License”) to download, install and use this Program on your Mobile Device. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Program in any manner. Further, this License does not allow you to use
the Program on any Mobile Device that you do not own or control, and you may not distribute or make the Program available over a network where it could be used by multiple devices at the same time.

4. Equipment
You must provide the Mobile Device and wireless connections that you will need to use the Program at your own expense. We do not guarantee that the Program can be accessed through all Mobile Devices or wireless service plans. We do not guarantee that this Program is available in all geographic locations. You acknowledge and agree that when you use the Program, your wireless carrier may charge you standard fees for data, messaging and other wireless access. Check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL COSTS YOU INCUR TO ACCESS THE PROGRAM ON YOUR MOBILE
DEVICE. We are not responsible and shall not be liable for incompatibility of this Program with your Mobile Device. We have no control over the firmware, hardware or memory availability of any Mobile Device and thus cannot guarantee future functionality of this Program.

5. Third Party Services
Goods and services of third parties may be advertised and/or made available on or through this Program and/or your Mobile Device. Representations made regarding goods and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

6. Indemnification
You agree to indemnify and hold us, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, developers, advertisers, partners and co-branders harmless from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this Program or service, your violation of this Terms of Use or any other
violation of the rights of another person or party.

7. Disclaimer of Warranties
You understand and agree that your use of this Program and any services or content provided is made available and provided to you at your own risk and on an "AS IS” basis. THE OWNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE OWNERS MAKE NO WARRANTY, IMPLIED OR
EXPRESS, THAT ANY PART OF THE PROGRAM WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD, INSTALLATION OR CONTINUED USE AFTER DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE OWNERS OR THE PROGRAM PROVIDE PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY
ADVICE PROVIDED OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT LIABILITY TO THE OWNERS OF ANY KIND.

8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE PROGRAM, (II) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM, OR (III) ANY OTHER MATTER RELATING TO THE PROGRAM.

9. Reservation of Rights
We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our Program, its content, and services that may be provided. The use of our rights and property requires our prior written consent. You will have no rights to make any commercial uses of our Program or service without our prior written consent.

10. Applicable Law
You agree that this Terms of Use and any dispute arising out of your use of this Program or our products or services shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions. Venue for any action to enforce the provisions of this Terms of Use shall be properly laid in any federal or state court in Tulsa County, Oklahoma. Having subject matter jurisdiction, for
purposes of such action, you and we each hereby submit to the exclusive jurisdiction of such courts and waive any objection or defenses on grounds of lack of personal jurisdiction, improper venue or forum non conveniens.

11. Miscellaneous Information
(i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statute or contrary law that any claim or cause arising out of this Program or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations
under this Terms of Use and we shall be relieved of any further obligation; and (v) In any action to enforce this Terms of Use, including, as applicable, gaining injunctive relief, the prevailing party shall be entitled to recover, in addition to all other relief, its reasonable attorneys' fees, costs and expenses incurred in such enforcement action.