Terms of Use

(last revised December 6, 2018)

Welcome to www.fabmo.org (the “Site”). Your use of this Site is conditioned on your acceptance of and compliance with these Terms of Use and the Privacy Policy set forth separately.  These Terms of Use constitute a valid and binding agreement between FabMo Inc. (“FabMo”) and you. If you have any questions about our Terms of Use, please contact us via our Contact page.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, FABMO DOES NOT GRANT YOU ANY LICENSE OR OTHER RIGHTS TO USE THE SITE AND YOU SHOULD EXIT THIS SITE.

1. FabMo’s Intellectual Property

The Site, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by FabMo and/or its licensors (collectively, the “FabMo Intellectual Property”).  These Terms of Use do not and shall not be construed as transferring ownership rights of any description in the Site or any related FabMo Intellectual Property to you or to any Site user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the FabMo Intellectual Property nor will you sell, resell or exploit for any commercial purpose the Site, any portion thereof or any use thereof or access thereto. FabMo hereby grants you a personal, revocable, non-transferable, nonexclusive, limited right to view and use the Site solely for personal, non-commercial purposes.  You may also download content from the Site for personal, non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, “Used with permission of FabMo” when you display or otherwise use this content in accordance with the terms hereof.

All of the trademarks, service marks and logos appearing on this Site are registered and unregistered trademarks and service marks of FabMo and other third parties.  Nothing contained on the Site or in these Terms of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos.  All rights not expressly granted to you hereunder are expressly reserved and retained by FabMo, Inc.

2. No Warranties; Indemnification; Limitation of Liability

YOUR USE OF THE SITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE SITE IS ENTIRELY AT YOUR OWN RISK AND THE SITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  

FABMO SPECIFICALLY DISCLAIMS:

(1) ANY AND ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE,

(2) ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE SITE, AND

(3) ANY WARRANTIES OR GUARANTEES THAT THE SITE AND/OR THE EXPERIENCES OFFERED THROUGH THIS SITE OR DESCRIBED ON THIS SITE WILL MEET YOUR REQUIREMENTS, NEEDS OR OBJECTIVES OR HELP YOU SUCCEED IN ACHIEVING ANY PARTICULAR GOALS OR AMBITIONS.  

You shall indemnify, defend and hold FabMo harmless from and against any and all claims, demands, losses and damages of any kind (including attorneys' fees) (collectively, “Damages”) incurred or suffered by FabMo as a result of your use of the Site and/or your breach of these Terms of Use.  FabMo reserves the right to report any malfeasance to the appropriate authorities.

Further, you hereby release FabMo and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “FabMo Parties”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site and/or your use thereof, excluding only Damages to the extent directly arising out of FabMo’s gross negligence or misconduct.  To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” In no event will FabMo’s total cumulative liability to you or any other party for Damages, if any, arising under these Terms of Use or otherwise exceed $100.00 (excluding only Damages directly caused by FabMo’s gross negligence or willful misconduct).

FabMo cannot and does not guarantee continuous uninterrupted or secure access to our Site or the services or features thereon.  Operation of the Site may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work.  Further, FabMo does not control the actions of other users, visitors and/or linked third parties on the Site.  FABMO WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE SITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR FABMO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. Changes to the Terms of Use

FabMo may modify the Site, the services or features offered thereon and these Terms of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use on the Site, as applicable. All modifications will be effective upon implementation and/or posting, as applicable.  You are bound by the version of these Terms of Use in effect on the date of any particular visit to the Site. FabMo will use reasonable efforts to post notices of any updates to these Terms of Use on the Site.

4. Links; Third Party Content

The Site may contain links to third party sites and FabMo has no control over any such sites. All statements by FabMo herein pertaining to the Site do not apply in any way to any links or any linked third party sites.  Once you leave this Site, our Terms of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every Site which you visit.  Without FabMo’s express prior written consent, you may not implement a hypertext link to the Site from another site.

At FabMo’s sole option, at any time and from time to time, the Site may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms of Use.  FabMo bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

5. Site Integrity

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information therefrom.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass emailings.

6. Compliance with Laws

You must comply with all applicable laws and regulations governing your access to and your use of the Site and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.  You represent that you have the legal right to enter into this agreement with FabMo.

FabMo will have the right, but not the obligation, in its sole discretion to refuse or delete any content, user questions and other submissions, software or other information on the Site which it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. FabMo, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by FabMo to protect the rights, property or personal safety of FabMo, the FabMo Parties (as defined in Section 3 above), its Site users and the public.

7. User Submissions

Any comments or information that you provide to FabMo, including any feedback or ideas submitted by you in response to a survey on or concerning the Site or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by FabMo and you hereby grant FabMo a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. FabMo may sublicense its rights hereunder to third parties.

8. Governing Law and Jurisdiction

The Terms of Use and any and all transactions and other activities on the Site will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.  The United Nations Convention on the International Sale of Goods will not govern the Site or activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Santa Clara County, California or the Northern District of California which shall be the exclusive venue for any and all disputes or claims arising hereunder.  Use of the Site is not authorized in any jurisdiction which does not give effect to these Terms of Use.

9. General

At all times, the then-current Terms of Use constitute the entire agreement between FabMo and you with respect to your use of the Site, superseding any prior agreements, superseded postings of the Terms of Use and all other prior or contemporaneous communications between FabMo and you.  You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Site. Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Site or any other matters to us through our Contact page. Unless otherwise required by law, you will provide any notices to FabMo by submitting them through our Contact page.