This page states the Terms and
Conditions under which you may use the Fab Metal, LLC
Web Site. Please read this page carefully. If you do not accept the Terms
and Conditions stated here, do not use the Web Site. Fab Metal, LLC may revise these Terms and Conditions at any time
by updating this posting. You should visit this page periodically to review
the Terms and Conditions, because they are binding on you.
Section 1. Use of Material.
Fab Metal, LLC is authorized to allow you to view
and download a single copy of the material on this Web site ("Web
Site") solely for your personal, noncommercial use. Special rules
may apply to the use of certain software and other items provided on the
Web Site. Any such special rules are listed as Legal Notices on this Web
Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material ("Material"), are property of Marc Taylor Design, LLC (Knoxville, Tennessee) unless provided by other entities and/or individuals for the purpose of demonstration or display on this website. All of the Material on this website is protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
All material on this website is subject to copyright. Any unauthorized use, copying or mirroring is prohibited.
If you violate any of these Terms, your permission to use
the Material automatically terminates and you must immediately destroy
any copies you have made of the Material.
Section 2. Fab Metal, LLC's Liability.
The Material may contain inaccuracies or typographical errors. Fab Metal, LLC makes no representations about the accuracy,
reliability, completeness, or timeliness of the Material or about the
results to be obtained from using the Web Site and the Material. The use
the Web Site and the Material is at your own risk. Changes are periodically
made to the Web Site and may be made at any time.
FAB METAL, LLC DOES NOT WARRANT
THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE
OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, FAB METAL, LLC IS NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FAB METAL, LLC
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL
WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. FAB METAL, LLC AND ITS SUPPLIERS MAKE
NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL FAB METAL, LLC, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT FAB METAL, LLC
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered
to be non-confidential. If particular Web pages permit the submission
of communications which will be treated by Fab Metal, LLC as confidential, that fact will be stated in Legal Notices
on those pages. By posting communications to the Web Site, you automatically
grant Fab Metal, LLC a royalty-free, perpetual,
irrevocable nonexclusive license to use, reproduce, modify, publish, edit,
translate, distribute, perform, and display the communication alone or
as part of other works in any form, media, or technology whether now known
or hereafter developed, and to sublicense such rights through multiple
tiers of sub licensees.
As a User, you are responsible for your own communications
and are responsible for the consequences of their posting. You must not
do the following things: Post material that is copyrighted, unless you
are the copyright owner or have the permission of the copyright owner
to post it; post material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another User or any other
person or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid schemes; or
impersonate another person.
Fab Metal, LLC does not represent
or guarantee the truthfulness, accuracy, or reliability of any of communications
posted by other Users or endorse any opinions expressed by Users. You
acknowledge that any reliance on material posted by other Users will be
at your own risk.
Fab Metal, LLC does not screen communications
in advance and is not responsible for screening or monitoring material
posted by Users. If notified by a User of communications which allegedly
do not conform to this Agreement, Fab Metal, LLC
may investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
Fab Metal, LLC has no liability or responsibility
to Users for performance or nonperformance of such activities. Fab Metal, LLC reserves the right to expel Users and prevent
their further access to the Web Site for violating this Agreement or the
law and the right to remove communications which are abusive, illegal,
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are
provided solely as a convenience to you and not as an endorsement by Fab Metal, LLC of the contents on such third-party Web sites.
Fab Metal, LLC is not responsible for the content
of linked third-party sites and does not make any representations regarding
the content or accuracy of materials on such third party Web sites. If
you decide to access linked third-party Web sites, you do so at your own
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected
by other rights. The use of such software is governed by the terms of
the software license agreement or designated Legal Notice accompanying
such software ("License Agreement"). The downloading and use
of such software is conditioned on your agreement to be bound by the terms
of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal Notice,
the aggregate liability for Fab Metal, LLC to
you for all claims arising from the use of the Materials (including Software)
is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless Fab Metal, LLC, its officers, directors, employees and agents, from and against
any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of the
Material (including Software) or your breach of the terms of this Agreement.
Fab Metal, LLC shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and information. You
agree to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including
Software), you are agreeing that you are not in a country where such export
is prohibited or are a person or entity to which such export is prohibited.
You are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Product.
Section 10. User Information.
Fab Metal, LLC may use the information it obtains
relating to you, including your IP address, name, mailing address, email
address and use of the Web Site, for its internal business and marketing
purposes and may disclose the information to third parties for such purposes.
Section 11. General.
This Web Site is based in Knoxville, Tennessee. Fab Metal, LLC makes no claims the Materials are appropriate or may be downloaded
outside of the United States. Access to the Materials (including Software)
may not be legal by certain persons or in certain countries. If you access
the Web Site from outside of the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by the internal substantive laws of the State
of Tennessee, without respect to its conflict of laws principles. If any
provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular Legal Notice or Software
License or material on particular Web pages, this Agreement constitutes
the entire Agreement between you and Fab Metal, LLC
with respect to the use of Web Site.
Any changes to this Agreement must be made in writing, signed by an authorized
representative of Fab Metal, LLC.