The FMA Communications, Inc.: Terms and Conditions of Use

This Web Site agreement (the "Agreement") is between you and the publisher of thefabricator.com™ FMA Communications, Inc. with a principal place of business at 833 Featherstone Road, Rockford, IL 61107. Use of thefabricator.com signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site.

Conditions of Use
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING thefabricator.com. Your continued use of thefabricator.com indicates your continued acceptance of these terms and conditions. FMA Communications, Inc. may monitor your use of thefabricator.com at any time. Use and release of information gathered from thefabricator.com through such monitoring is governed by the FMA Communications, Inc. Group Internet Privacy Policy.

License to Use FMA Communications, Inc. Web Sites and Contents
Subject to the terms and conditions set forth in this Agreement, FMA Communications, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display thefabricator.com and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. Thefabricator.com is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of thefabricator.com in any way.

Ownership; Restrictions
All material on thefabricator.com, including without limitation text, images, software, audio and video clips, as defined below (collectively the "Content") is owned or controlled by FMA Communications, Inc.. Thefabricator.com and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on thefabricator.com.

You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit thefabricator.com or any portion thereof for any public or commercial use without the express written permission of FMA Communications, Inc.. You may view and download one (1) copy only of material from thefabricator.com (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights and trademarks of FMA Communications, Inc. and its affiliates by viewing the copyright and trademark notices posted on thefabricator.com.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Fabricators & Manufacturers Association, International'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, Fabricators & Manufacturers Association, International 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:

Mary Bohnsack
Fabricators & Manufacturers Association, International
833 Featherstone Road
Rockford, Illinois 61107
Phone: 815-227-8217
Email: maryb@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.

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.

III. 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:

  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

Rules for Chat Rooms, Bulletin Boards, and Other Uploading of User Material
You agree that you shall not upload, post or transmit to or distribute or otherwise publish through thefabricator.com, any materials which (i) restrict or inhibit any other user from using and enjoying thefabricator.com,(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 the express written permission of FMA Communications, Inc., advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.

FMA Communications, Inc.'s designated agent for receiving notice of user materials that violate, plagiarize or infringe the rights of third parties is Scot Stevens, Publisher, FMA Communications, Inc., 833 Featherstone Road, Rockford, IL 61107.

Editing and Disclosure of User Material
FMA Communications, Inc. does not and cannot review all materials posted to thefabricator.com by users, and FMA Communications, Inc. is not responsible for any such materials posted by users. However, FMA Communications, Inc. reserves 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 FMA Communications, Inc.'s sole discretion are judged objectionable or in violation of this Agreement.

FMA Communications, Inc. Rights to Materials Provided by Users
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to thefabricator.com, you grant to FMA Communications, Inc. 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, trademark, servicemark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by FMA Communications, Inc. of any material or idea submitted by you in any Communications. You waive all rights to any claim against FMA Communications, Inc. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and right

No Responsibility for Transmitted Material
You acknowledge that transmissions to and from thefabricator.com are not confidential and your Communications to FMA Communications, Inc. or thefabricator.com, create no confidential, fiduciary, contractually implied or other relationship between you and FMA Communications, Inc. other than pursuant to this Agreement. FMA Communications, Inc. shall not be responsible for the payment of any monies to any party in connection with FMA Communications, Inc.'s use of Communications submitted by you to FMA Communications, Inc. or thefabricator.com.

Links to Other Web Sites
Thefabricator.com contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of thefabricator.com. Links to and from thefabricator.com to other third party sites do not constitute an endorsement by FMA Communications, Inc. of any third party resources or their contents. Links do not imply that FMA Communications, Inc. 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 Communications, Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through thefabricator.com. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. FMA Communications, Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of thefabricator.com.

Indemnification
You agree to indemnify, defend and hold FMA Communications, Inc., 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 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. FMA Communications, Inc. 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 Communications, Inc..

Disclaimer of Warranties and Damages; Limitation of Liability
Thefabricator.com (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH thefabricator.com) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FMA Communications, Inc. MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR thefabricator.com; OR THAT THE thefabricator.com OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FMA Communications, Inc. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF thefabricator.com,INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO FMA Communications, Inc.'S NEGLIGENCE.

UNDER NO CIRCUMSTANCES SHALL FMA Communications, Inc. 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 thefabricator.com, EVEN IF FMA Communications, Inc. 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 Communications, Inc., 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 Communications, Inc. 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 thefabricator.com after any changes to this Agreement are posted will be considered acceptance of those changes.

Termination
FMA Communications, Inc. may terminate, change, suspend or discontinue any aspect of thefabricator.com at any time. FMA Communications, Inc. may also impose limits on certain features and services or restrict your access to part or all of thefabricator.com without notice or liability.

General Provisions
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.

This Agreement constitutes the entire agreement between FMA Communications, Inc. and you with respect to your use of thefabricator.com. 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.