Legal

fabtechexpo.com — Terms of Use

This  Web Site agreement (the “Agreement”) is between You and the publisher  of fabtechexpo.com, Fabricators & Manufacturers Association, International  (FMA), with a principal place of business at 2135 Point Blvd, Elgin, IL 60123. Use of fabtechexpo.com signifies Your agreement to the Terms of Use  set forth below in the Agreement. If You do not agree to the Terms of Use set  forth herein, please do not go any further into this site.

Conditions of Use

YOU  AGREE TO READ THESE TERMS OF USE CAREFULLY BEFORE USING fabtechexpo.com. Your  continued use of fabtechexpo.com indicates Your continued acceptance of these  Terms of Use. FMA may monitor Your use of fabtechexpo.com at any time. Use and  release of information gathered from fabtechexpo.com through such monitoring is  governed by the FMA Internet Privacy Policy.

License to Use FMA Sites and Contents

Subject  to the Terms of Use set forth in this Agreement, FMA grants You a  non-exclusive, non-transferable, limited right to access, use and display fabtechexpo.com  and the materials thereon, provided that You comply fully with the Terms of Use  set forth in this Agreement. fabtechexpo.com is only for Your personal,  noncommercial use. You agree not to interrupt or attempt to interrupt the  operation of fabtechexpo.com in any way.

Ownership; Restrictions

(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.

(D)  Your use of fabtechexpo.com grants FMA the right to use Your name in connection  with any submitted materials and other information as well as in connection  with all advertising, marketing and promotional material related thereto,  except in the situations governed by fabtechexpo.com’s Internet Privacy  Policy.  You agree that You shall have no recourse against FMA for any  alleged or actual infringement or misappropriation of any proprietary right in  Your communications to FMA.

(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.

Copyright

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.

Trademarks

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: nancyh@fmanet.org

What Notification Must Include

To  be effective, the Notification must include the following:

  1. A physical or electronic signature of a person       authorized to act on behalf of the owner of an exclusive right that is       allegedly infringed;
  2. 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;
  3. 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;
  4. 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;
  5. 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
  6. 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:

  1. Service Provider shall remove or disable access to the       material that is alleged to be infringing;
  2. Service Provider shall forward the written notification       to such alleged infringer (“Subscriber”);
  3. 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.

Counter Notification

To  be effective, a Counter Notification must be a written communication provided  to the Service Provider’s Designated Agent that includes substantially the  following:

  1. A physical or electronic signature of the Subscriber;
  2. 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;
  3. 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;
  4. 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:

  1. Service Provider shall take reasonable steps to promptly notify Subscriber that Service Provider has removed or disabled access to material provided by Subscriber;
  2. Service Provider shall promptly provide the Complaining  Party with a copy of the Counter Notification;
  3. 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
  4. 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.

Indemnification

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.

Termination

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.

General Provisions

(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.

Privacy  Policy

FMA  respects Your privacy and are committed to protecting Your privacy online. For  complete details on steps we take to demonstrate our commitment, please read  our Internet Privacy Policy.