Terms of Service
1. ACCEPTANCE OF TERMS -- Fabricators Friend
welcomes you to the Remnant Finder Network. . Fabricators
Friend provides this service subject to the following Terms
of Service ("TOS"). You must agree to the Terms
of Service in order to use this service. These Terms of Service
may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any
time at: http://www.fabricatorsfriend.com/remnant/terms.php
2. DESCRIPTION OF SERVICE
This service provides a system to send emailed remnant requests
to fabricators within a geographic region. In addition, you
may also receive emails from Fabricators Friend. You may discontinue
your membership, and thus stop receiving remnant requests,
at any time. From time to time new regions, features, upgrades
and bug fixes may be added to the service. Unless explicitly
stated otherwise, all additions shall be subject to the TOS.
This service is provided "AS-IS". Fabricators Friend
assumes no responsibilities for the mis-delivery, timeliness,
deletion or failure of the servivce in any way. It is your
responsibility to obtain access to the service, and for all
equipment required to access the service.
3. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and are
not a person barred from receiving services under the laws
of the United States or other applicable jurisdiction. You
also agree to provide true, current information about yourself
when you register as a member.
You are responsible for the security of
your user name and password, and are fully responsible for
all activities that occur under your user name and password.
4. MEMBER CONDUCT
You understand that all information or other materials posted
using this service are your sole responsibility. Fabricators
Friend does not control the information posted via thius service
and, as such, does not guarantee the accuracy, integrity or
quality of the information. Under no circumstances will Fabricators
Friend be liable in any way for any information, including,
but not limited to, any errors or omissions, or any loss or
damage of any kind incurred as a result of the use of any
information that is emailed, transmitted , posted or otherwise
made available through this service.
You understand that this service is for
locating remnants that other fabricators in your area may
have. You may not use this service to sell products or services,
to solicite business, send personal messages, or for any purpose
other than locating remnants. You may not use this service
to impersonate another person, business or entity. You may
not use this service to violate any applicable locate, state
or federal law.
You understand that Fabricators Friend may
disclose your account information if required to do so by
law.
5. INDEMNITY
You agree to indemnify and hold Fabricators Friend, its affiliates,
officers, agents, employees, partners and licensors harmless
from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
use of the service.
6. NO RESALE OF SERVICE
You agree not to resell this service, in whole or in part.
7. MODIFICATIONS TO SERVICE
Fabricators Friend reserves the right to, at any time modify
or discontinue, temporarily or permanently, the service, or
any part of the service, with or without notice. You agree
that Fabricators Friend willl not be liable to you or to any
third party for any modification, suspension or discontinuance
of the service.
8. TERMINATION
You agree that Fabricators Friend may terminate your membership,
without prior notice, for any reason, or no reason.
You may terminate your membership in the
Fabricators Friend Renmant Finder Network at any time be deleting
your membership profile.
9. FABRICATORS FRIEND'S RIGHTS
You acknowledge and agree that the service uses proprietary
software, and that the software, web pages, text, images and
associate coded are copyrighted and soley owned by Fabricators
Friend.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU ARE USING THIS
SERVICE AT YOUR OWN RISK. THIS SERVICE IS PROVIDED ON AN "AS-IS"
AND "AS AVAILABLE" BASIS. FABRICATORS FRIEND, AND
ITSA OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERSAND
AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS
SERVICE WILL METT YOUR REQUIREMENTS. THIS SERVICE MAY BE INTERRUPTED,
IT MAY NOT BE SECURE, AND IT MAY NOT BE ERROR FREE. THERE
IS NO WARRANTY THAT THIS SERVICE WILL BE ACCURATE OR RELIABLE.
YOU USE THIS SERVICE SOLEY AT YOUR OWN RISK.
11. LIMITATION OF LIABILITY
YOU AGREE AND UNDERSTAND THAT FABRICATORS FRIENDWILL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF FABRICATORS FRIEND HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
12. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
13. ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and
Fabricators Friend. It governs your use of the service, superseding
any prior agreements. The TOS and the relationship between
you and Fabricators Friend shall be governed by the laws of
the State of Oregon without regard to its conflict of law
provisions. You and Fabricators Friend agree to submit to
the personal and exclusive jurisdiction of the courts located
within Washington County, Oregon.
14. WAIVER AND SVERABILITY OF TERMS
The failure of Fabricators Friend to exercise or enforce any
right or provision of the TOS does not constitute a waiver
of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid,
the parties agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and
effect.
15. STATUTE OF LIMITATIONS
You agree 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 the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
|