WEBSITE TERMS AND CONDITIONS OF USE
These Website Terms and Conditions of Use (which we will refer to in this document as the “Agreement”) is between you and, as applicable, (1) Fabricators & Manufacturers Association, International, (2) Nuts, Bolts & Thingamajigs, The Foundation of the Fabricators & Manufacturers Association, International, or (3) FMA Communications, Inc. as well as any affiliates, subsidiaries or other entities related to the aforementioned companies (referred to as “us,” “we” or “our”), and governs your access and use of any of the websites published by us. Your use of any of the websites signifies your agreement to all of the terms and conditions of this Agreement. If you do not agree to the terms and conditions set forth herein, please discontinue your use of the websites.
License to use website content
Provided that you comply fully with the terms and conditions of this Agreement, we hereby grant to you a non-exclusive, non-transferable, limited right to access, use and display the content of the websites, solely for your personal and noncommercial use.
Ownership of the websites and restrictions on use
All material on the websites, including without limitation text, images, software, audio and video clips (collectively the “Content”), is owned or controlled by us and the Content is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions and notices displayed on the websites.
You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content for public or commercial purposes without our express written permission. Nothing on any of the websites shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
You may not modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of the websites, including, without limitation, by any way of reproducing any of the web pages or information in any other location without our express written permission.
You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or other technology relating to the websites, including without limitation, any service or product we offer.
You may not use the websites in any way which diminishes web infrastructural resources, slows the transferring or loading of any Content, or interferes with the normal operation of the websites.
You may not upload or transmit to any of the websites any device, software, program, or file that may damage the operation of any computer or the websites, including without limitation, viruses or corrupt files.
You may not disguise the origin of information transmitted to, from, or through the websites. You may not circumvent any measures implemented by us aimed at preventing access to or copying of the Content, or for preventing violations of this Agreement. You may not violate or disregard the restrictions in any robot exclusion header.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website: http://www.copyright.gov/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
For purposes of this notice and procedure section, we will be referred to as “Service Provider.” The party alleging that a copyright it owns, or over which it has authority to act, will be referred to as the “Complaining Party.” A “Subscriber” is a visitor, user, member, or account holder of Service Provider’s website, network, or system.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent (identified below). If you do not follow these procedures, Service Provider is not obligated to remove the alleged infringing material.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SERVICE PROVIDER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE AND REPORTS OF EMAIL ABUSE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Where to direct notification
Written notification must be submitted to the following Designated Agent:
Fabricators & Manufacturers Association, International
2135 Point Blvd.
Elgin, IL 60123
What Notification Must Include
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Specific identification of all of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate all of the material;
- Information reasonably sufficient to permit Service Provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on Service Provider’s website, system, or network is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Subscriber account termination due to repeat offenses
Service Provider reserves the right to suspend, disable (temporarily or permanently), terminate, or delete Subscriber accounts or access for repeated offenses involving copyright infringement on Service Provider’s website, system, or network.
Take Down and Put Back Procedures
Service Provider’s responsibilities upon receipt of notice
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged infringer (“Subscriber”);
- Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Rights of the Subscriber
A Subscriber whose material has been removed or disabled as a result of a §512(c) notice may challenge the claims of infringement made by the alleged copyright owner by providing Counter Notification to Service Provider.
To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Specific identification of all of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Service Provider’s Responsibilities Upon Receipt of Counter Notice
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Service Provider shall take reasonable steps to promptly notify Subscriber that Service Provider has removed or disabled access to material provided by Subscriber;
- Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days; and
- Service Provider shall replace the removed material or cease disabling access to the material not less than ten (10), no more than fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system
Rules for user-provided content, and other uploading of user material
You agree that you shall not upload, post or transmit to or distribute or otherwise publish through the websites, any materials which (i) restrict or inhibit any other user from using and enjoying the websites, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain, without our express written permission, advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
Editing and disclosure of user material
We do not and cannot review all materials posted to the websites by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are judged objectionable or in violation of this Agreement.
Our rights to materials provided by you
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to any of the websites, you grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trade secret, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by us of any material or idea submitted by you in any Communications. You waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and copyright.
No responsibility for transmitted material
You acknowledge that transmissions to and from the websites are not confidential and your Communications to us create no confidential, fiduciary, contractually implied or other relationship between you and us other than pursuant to this Agreement. We shall not be responsible for the payment of any monies to any party in connection with our use of Communications submitted by you to us.
Links to other web sites
The websites contain links and pointers to other internet sites, resources, and sponsors of the websites. Links to and from the websites to third party sites do not constitute an endorsement by us of any third party resources or their contents. Links do not imply that we sponsor, are affiliated or associated with, or otherwise recommend, certify or endorse the third party site. You should direct any concerns regarding any external link to its site administrator or webmaster. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the websites. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the websites.
You agree to indemnify, defend and hold us, and all our officers, directors, owners, agents, employees, information providers, technology providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our 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 any matter without our prior written consent. Any settlement made without such consent shall not give rise to the any duty on our part to indemnify you pursuant to this section.
Disclaimer of warranties and damages; limitation of liability
THE WEBSITES (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITES; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE INFORMATION YOU MAKE AVAILABLE TO US WILL BE SECURE. WE MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR YOUR USE OF THE WEBSITES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREON UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO OUR NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEBSITES, OR FOR THE UNAUTHORIZED DISCLOSURE OF ANY INFORMATION YOU PROVIDE TO US, WHETHER THROUGH THE WEBSITES OR THROUGH ANY OTHER OF OUR SERVICES, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Changes to agreement
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Though we will attempt to notify you if there are material changes in this Agreement, such changes will be effective when posted. Your continued use of any of the websites after any changes to this Agreement are posted will be considered acceptance of those changes.
We may terminate, change, suspend or discontinue any aspect of the websites at any time. We may also impose limits on certain features and services or restrict your access to part or all of the websites without notice or liability.
Governing law and choice of forum
This Agreement shall be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Kane County, Illinois, except as otherwise agreed by the parties. Both parties agree to submit to the personal jurisdiction of the courts located within Kane County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.
This Agreement constitutes the entire agreement between us and you with respect to your use of the websites. Any cause of action you may have with respect to your use of thefabricator.com must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.