PLEASE READ THESE EGFABRICANT.COM GENERAL TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THE WEB SITE EGFABRICANT.COM OR ANY SERVICES OFFERED BY EGFABRICANT.COM.
By using the web site and other services offered by egfabricant.com, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use egfabricant.com.?Egfabricant.com is an online entertainment and information service provided by egfabricant.com, which may revise and update these Terms and Conditions at any time by posting such revised Terms and Conditions on this page . Your continued usage of egfabricant.com or any of its services will mean you accept those changes.
The Materials are protected by United States and other copyright laws, except for works of the United States Government pursuant to 17 U.S.C. Section 105. The selection, arrangement and presentation of all Materials (including information in the public domain), and the overall design of egfabricant.com are copyright © 2005 egfabricant.com. All rights reserved. Egfabricant.com or its licensors is the owner of all copyrights in and to the Materials, except for works of the United States Government pursuant to 17 U.S.C. Section 105. Permission is granted to view, purchase, and print materials from egfabricant.com for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or Materials on this site, whether in electronic or hard copy form, without the express prior written permission of egfabricant.com, is strictly prohibited.
In consideration of your use of egfabricant.com to post a question, comment, or information to a blog, bulletin board, chat room, forum, message board, or similar service that may be offered at any time by egfabricant.com, you agree not to: (1) upload or transmit any communications or content of any type that infringe or violate any rights of any party; (2) post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually demeaning, threatening, invasive of a person’s privacy, or otherwise violative of any law; (3) impersonate another person or allow any other person or entity to use your identification for posting materials to the list; (4) upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (5) engage in any other conduct that restricts or inhibits any other person from using or enjoying the service.
Egfabricant.com has the right, in its sole discretion, to suspend or terminate your participation and refuse any and all current or future use of the service (or any portion thereof) at any time.
By submitting communications or content to any service, you agree that such submission is non-confidential for all purposes. If you make any submission, you automatically grant — or warrant that the owner of such content has expressly granted — to egfabricant.com a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed.
EGFABRICANT.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO EGFABRICANT.COM, THE MATERIALS, ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH EGFABRICANT.COM, OR ANY SITES LISTED ON EGFABRICANT.COM, AND EGFABRICANT.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. EGFABRICANT.COM DOES NOT WARRANT THAT EGFABRICANT.COM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN EGFABRICANT.COM WILL BE CORRECTED. EGFABRICANT.COM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS.
IN NO EVENT WILL EGFABRICANT.COM OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE EGFABRICANT.COM, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON EGFABRICANT.COM OR DOWNLOADED FROM EGFABRICANT.COM, EVEN IF EGFABRICANT.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN EGFABRICANT.COM, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH EGFABRICANT.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EGFABRICANT.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless egfabricant.com (and/or its members, managers, officers, employees, agents, and the assigns of same), from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of egfabricant.com and any violation of these Terms and Conditions by you.
Governing Law and Jurisdiction
These Terms and Conditions constitute a contract made under and shall be governed by and construed in accordance with the laws of the State of California. By your use of this site and agreement to these Terms and Conditions you are bound as a party in contract with egfabricant.com and agree to resolve any and all disputes arising out of or relating to these Terms and Conditions as provided in those Terms and Conditions.
Resolution of Disputes
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Sacramento County, California, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, egfabricant.com shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of California or any other court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Egfabricant.com may, at their sole discretion and without notice, revise these terms at any time by updating this posting.
Except as expressly provided in a particular legal notice posted by egfabricant.com on egfabricant.com, these Terms and Conditions constitute the entire agreement between you and egfabricant.com with respect to the use of egfabricant.com and the Materials. Egfabricant.com’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. Egfabricant.com may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
These Terms and Conditions were last updated on December 31, 2010.
Questions or comments regarding egfabricant.com should be sent from here or by U.S. mail to E. G. Fabricant, P. O. Box 19170, Sacramento, California 95819-0170, United States of America.