Conditions of Use
License to Use FMA Sites and Contents
(A) You shall use fabtechexpo.com for lawful purposes only. You shall not post or transmit through fabtechexpo.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. FMA’s designated agent for receiving notice of user materials that violate, plagiarize or infringe the rights of third parties is Nancy Hatten, FMA 2135 Point Blvd, Elgin, IL 60123.
Any conduct by You that in FMA’s discretion restricts or inhibits any other person from using or enjoying fabtechexpo.com will not be permitted. You shall not use fabtechexpo.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with fabtechexpo.com.
(B) You may not copy, download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit fabtechexpo.com or any portion thereof for any public or commercial use without the express written permission of FMA. You may view and download one (1) copy only of material from fabtechexpo.com (unless otherwise specifically indicated) for Your personal, non-commercial home use only, provided that You maintain all copyright and other notices contained therein.
(C) You shall not upload, post or otherwise make available on fabtechexpo.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of fabtechexpo.com, You automatically grant, or warrant that the owner of such material has expressly granted FMA the non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to use, reproduce, sublicense, distribute, modify, publish, translate, adapt, distribute, transmit, create derivative works of, publicly display and publicly perform such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You recognize and acknowledge that You are not entitled to any compensation for any materials You may post on fabtechexpo.com.
(E) The foregoing provisions of this Section are for the benefit of FMA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
(F) You also understand that FMA cannot and does not guarantee or warrant the files available for downloading throught fabtechexpo.com will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to fabtechexpo.com for the reconstruction of any lost data.
All content included on fabtechexpo.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FMA or its parents, affiliates, subsidiaries, third-party content providers, or licensors and protected by United States and international copyright laws. The compilation of all content on fabtechexpo.com is the exclusive property of FMA and protected by the United States and international copyright laws. All software used on fabtechexpo.com is the property of FMA or its software suppliers and protected by United States and international copyright law.
FMA, FABTECH., FABTECH MEXICO, FABRICATORS & MANUFACTURERS ASSOCIATION, INTERNATIONAL and other graphics, designs, logos, page headers, button icons, scripts, trade names, and service names are trademarks, registered trademarks or trade dress of FMA its parents, affiliates, sponsors, or subsidiaries in the United States and/or other countries. FMA’ trademarks, service marks, trade names, service names, and trade dress may not be used in connection with any product or service that is not FMA, its parents, subsidiaries, or affiliated companies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FMA, its parents, affiliates, or subsidiaries. All other trademarks, service marks, trade names or service names that appears on fabtechexpo.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FMA or its parents, affiliates or subsidiaries.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is FMA’s 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, FMA will hereinafter be referred to as “Service Provider.” The party alleging that a copyright he owns, or over which he 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. If You do not follow these procedures, Service Provider is not obligated to remove the information. 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, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Where to Direct Notification
Written notification must be submitted to the following Designated Agent: Nancy Hatten Fabricators & Manufacturers Association, International 2135 Point Blvd, Elgin, IL 60123 Phone: 815-227-8217 Email: firstname.lastname@example.org
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. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.
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.
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.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from fabtechexpo.com are not confidential and Your communications to FMA or fabtechexpo.com, create no confidential, fiduciary, contractually implied or other relationship between You and FMA other than pursuant to this Agreement. FMA shall not be responsible for the payment of any monies to any party in connection with FMA’s use of communications submitted by You to FMA or fabtechexpo.com.
Links to Other Web Sites
Fabtechexpo.com contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of fabtechexpo.com. Links to and from fabtechexpo.com to other third party sites do not constitute an endorsement by FMA of any third party resources or their contents. Links do not imply that FMA sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site. You should direct any concerns regarding any external link to its site administrator or webmaster. FMA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through fabtechexpo.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk. FMA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of fabtechexpo.com.
You agree to indemnify, defend and hold FMA, and all its 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, cause(s) of action, losses, expenses, damages, costs, including reasonable attorneys’ fees arising out of Your use of fabtechexpo.com. You shall cooperate as fully as reasonably required in the defense of any claim or cause of action resulting Your use of fabtechexpo.com. FMA reserves the right, at its 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 the written consent of FMA.
Disclaimer of Warranties and Damages; Limitation of Liability
FABTECHEXPO.COM (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH FABTECHEXPO.COM) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FMA MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR FABTECHEXPO.COM; OR THAT FABTECHEXPO.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FMA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF FABTECHEXPO.COM, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO FMA’S NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL FMA OR ITS SUBSIDIARIES OR AFFILIATES 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 FABTECHEXPO.COM, EVEN IF FMA OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS 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 FMA, OR ITS SUBSIDIARIES, OR AFFILIATES, 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
FMA reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Changes in this Agreement will be effective when posted. Your continued use of fabtechexpo.com after any changes to this Agreement are posted will be considered acceptance of those changes.
FMA may terminate, change, suspend or discontinue any aspect of fabtechexpo.com at any time. FMA may also impose limits on certain features and services or restrict Your access to part or all of fabtechexpo.com without notice or liability.
(A) GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF ILLINOIS.
(B) Entire Agreement. This Agreement constitutes the entire agreement between FMA and You with respect to Your use of fabtechexpo.com, superseding any prior agreements between You and FMA with respect to the use of fabtechexpo.com. You may also be subject to additional terms and conditions that may apply when You use or purchase certain other FMA services, affiliate services, third-party content or third-party software.
(C) Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have with respect to Your use of fabtechexpo.com must be commenced within one (1) year after the claim or cause of action arises or be forever barred.
(D) Waiver and Severability of Terms. The failure of FMA to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.