These Terms of Service (“Terms”) are a LEGAL and BINDING AGREEMENT between you and Fabuwood Cabinetry Corp. ("Fabuwood”). Please review these Terms fully before you access and/or use Fabuwood’s website at http://www.fabuwood.com (“Website”) and any mobile apps or related online and offline services, including Fabuwood’s social media sites (“Social Media Sites”) (collectively, the “Sites”). By accessing and/or using any of Fabuwood’s Sites, you agree to be bound by these Terms. You are also bound to any additional terms, conditions and disclaimers that may be posted with respect to individual sections of any of the Sites. The additional terms and conditions include, without limitation, Fabuwood’s posted Privacy Policy (the “Privacy Policy”) and Fabuwood’s Dealer’s Corner Terms (provided below). If you use the Sites on behalf of an organization, you represent that you are authorized to, and do, enter into these Terms on behalf of that organization. If you have a business relationship with Fabuwood, the contractual terms of that relationship will control in the event of any conflict.
You may not use the Sites if you do not agree to, or violate, these Terms. These Terms may be changed or updated by Fabuwood from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of the Terms as changed or updated, so please check these Terms for any updates, as reflected by the “last modified” date at the very end.
PLEASE SEE SECTIONS 10-12 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR TERMS OR SITES, INCLUDING A WAIVER TO A JURY TRIAL OR CLASS ACTION.
A. Accounts
If we let you create an online account for the Sites you are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account privileges. With the exception of individuals or organizations that are expressly authorized to create accounts on behalf of their employers or others, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. You are responsible for keeping your password for the Sites (if any) secret and secure. All information you provide to us must be true, accurate, current and complete and you agree to update your information as necessary.
B. Privacy
We value your privacy, and any personal information collected by us in connection with the Sites will be maintained in accordance with our posted Privacy Policy.
C. Retail Sales
If we provide the ability to make retail purchases through the Sites the following terms apply: (1) We make reasonable efforts to accurately display the colors, features, specifications, and details of the products available through the Sites, but do not guarantee that such attributes as presented will be accurate, complete, reliable, current, free of errors, or that your electronic display will accurately reflect the actual colors and details of such products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change at any time. (1) You agree to provide current, complete, and accurate payment information for all purchases made through the Sites, so that we can complete your transactions and contact you as needed. Sales tax and shipping fees may be added to the purchase price as deemed required by us. All payments must be in U.S. dollars. (2) You agree to pay all charges at the prices then in effect for your purchases and any applicable sales tax and shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. (3) We reserve the right to refuse any order placed through the Sites. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. (4) Purchases are final and not returnable or refundable except where we expressly provide otherwise or where required by law. If you have any questions or issues with a purchase through our Sites, please contact us as directed at https://www.fabuwood.com/contact-us/.
The Sites are owned or licensed by Fabuwood. This includes all of the information and content that is featured, displayed, or contained on any of the Sites, such as posts and narratives, software code, and all other information in any and every format now existing or that may be created in the future, including without limitation text, graphic designs, still images, videos, audio, and multimedia (collectively, the “Content”).
The words “User Content”, as used in these Terms, refers to content that you, or any other user of the posts, submits, enters or transmits to any of the Sites.
Your access to and use of Fabuwood’s Sites, Content and User Content, and the marketing and sale of products and services of Fabuwood, are also subject to all applicable laws and regulations.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Sites and Content for lawful purposes in accordance with our Terms. Fabuwood may terminate this license at any time and for any reason in its sole discretion. The Sites and their Content are protected by copyright, trademark and other applicable laws. Except to the extent expressly provided in writing, nothing in the Sites or Content shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of Fabuwood or any third party, whether by implication, laches, estoppel, explicit grant or otherwise. Any unauthorized use of the Sites or Content may violate applicable laws shall be a violation of these Terms, and may violate the terms of the Social Media Sites. If we give you permission to upload and post our Content on your own website, social media accounts or in other online or offline contexts, that grant is subject to these Terms and can be revoked at any time in our sole discretion.
You are solely responsible for all acts and omissions associated with your access to or use of the Sites and Content. You agree not to access or use any of the Sites or Content in any way that violates these Terms or applicable law. Specifically and without limitation, you agree not to do any of the following: (1) Post, submit, enter or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including Fabuwood; (2) Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Sites or their source codes; (3) Remove any copyright, trademark, or other proprietary rights notices contained in the Sites, or embedded in or attached to any Content; (4) Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (5) Express or imply that any statements you make are endorsed by Fabuwood; (6) “Hack” or deface any portion of any of the Sites; (7) Interfere with, disrupt, or attempt to gain unauthorized access to other user accounts on any of the Sites or any other computer network; (8) Post, submit, enter or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, or other items of a destructive nature or any other malicious computer codes, scripts, applications, or programs (collectively, a “Virus”); (9) Restrict or inhibit any other user from using or accessing any of the Sites; (10) Engage in any other activity deemed by Fabuwood (in its sole discretion) to be in conflict with the spirit or intent of these Terms, the Privacy Policy, the Dealer’s Corner Terms, or applicable laws; (11) Reproduce, distribute, modify, sell, license, or re-post any Content on websites or computer networks, other than the Sites; (12) Frame or mirror any portion of any of the Sites on any other website or computer network; (13) Engage in data extraction or data-mining; (14) Transfer or store any Content residing or exchanged over any of Fabuwood’s Sites in any electronic network, including without limitation a peer-to-peer network, for use by more than one user; and (15) Collect or use any information about other users of any of the Sites, whether the information is personally identifiable or de-identified and aggregated with information concerning other users of the Sites.
By accessing and using any of the Sites, and/or submitting any User Content to Fabuwood (including without limitation your name, telephone number, email address, or other information or media), you agree as follows: (1) You warrant that you own the right to utilize, to license, and to sublicense such User Content; (2) None of the User Content will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of Fabuwood, and Fabuwood shall not be liable whatsoever for any use or disclosure of any such User Content; (3) You shall maintain any and all copyright or other proprietary notices embedded in or attached to any User Content; (4) You assume full and sole responsibility for any User Content that you post or communications that you make to any of the Sites; and (5) You hereby assign to Fabuwood a royalty-free, worldwide, irrevocable and perpetual license to any and all User Content for any and all purposes permitted by law, subject to the terms of our Privacy Policy, as applicable.
We respect the intellectual property rights of others, and we prohibit users of our Sites from hosting or transmitting any materials that violate another person’s intellectual property rights or these Terms. If you are aware of any such issues, please notify us via the contact information below. The remainder of this section pertains specifically to claims of copyright infringement.
Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on any of the Sites should be sent to Fabuwood’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to Fabuwood’s designated agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Fabuwood’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached by mail to: Fabuwood Cabinetry Corp. 69 Blanchard St, Newark, NJ 07105 Attn: Copyright Agent; or by email to: info@fabuwood.com, Subject Line: Notice to Fabuwood Copyright Agent.
Fabuwood’s Sites may provide hyperlinks to other web pages, websites, links, social media sites and platforms, applications, and other resources that are available on the internet (collectively, “Third Party Sites”). Fabuwood has no control over any Third Party Sites that you access or use via such hyperlinks; Fabuwood does not endorse any Third Party Sites; Fabuwood is not responsible for any Third Party Sites or for the consequences of your access or use of any Third Party Sites, or for any content, advertising, products, services, information or other materials on or available from such Third Party Sites; and Fabuwood makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Sites is provided or referenced as a convenience to our users only, and may have different terms of use and privacy policies, which we encourage you to review. It is your sole responsibility to take any necessary precautions to ensure that any Third Party Sites that you may choose to access and use is safe, appropriate and does not contain any inaccuracies, viruses, or other items of a destructive nature.
Your use of Fabuwood’s Social Media Sites shall be subject to all of the following: (1) these Terms; (2) Fabuwood’s Privacy Policy; (3) the Dealer’s Corner Terms; and (4) the terms of use, privacy policy, and all other applicable terms and conditions for each such social media website and platform in effect at the time.
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Dealer’s Corner feature on the Website is being furnished to accommodate the needs and specifications of dealers (“Dealers”) who sell Fabuwood’s products and services. You are required to apply on the Fabuwood Website in order to become a Fabuwood Dealer. Once you are approved by Fabuwood as a Dealer, you will receive a unique username and password in order to access the Dealer’s Corner. The Dealer’s Corner contains various terms and disclaimers for Dealers (the “Dealer’s Corner Terms”), including without limitation the Fabuwood Account Policy, Fabuwood Liability Agreement, Fabuwood Custom Paint & Finish Disclaimer, Fabuwood Freight Disclaimer and Fabuwood’s 5 Year Limited Warranty. Fabuwood reserves the right to update, modify, supplement or amend such Dealer’s Corner Terms in its sole discretion from time to time without prior notice. Each Dealer’s use of the Dealer’s Corner and sale of Fabuwood’s products and services shall be governed by: (1) these Terms, (2) the Privacy Policy, and (3) the Dealer’s Corner Terms. Each Dealer is solely responsible for its use of the Dealer’s Corner. Each Dealer is urged to use its independent judgment to determine if Fabuwood’s products and services are suitable for its specific requirements. Information about and descriptions of products and services available that are listed on the Website in the Dealer’s Corner may be furnished to Fabuwood by unaffiliated third parties. Fabuwood does not independently verify, and expressly disclaims all responsibility to verify, any or all such information. Each Dealer’s use of such information in the Dealer’s Corner is at its own risk and each Dealer is solely responsible to verify the accuracy and completeness of such information. Fabuwood does not and cannot guarantee or represent the availability of any of the products and/or services that are listed on the Website. Dealers are responsible to contact Fabuwood to confirm the availability of such products and/or services. If we allow you to obtain Content or connect with our Sites through any third party intermediary, you agree that we are not responsible for any such third party intermediary and you do so at your own risk and under any terms governing your relationship with that party.
Users of Fabuwood’s Sites may apply for employment with Fabuwood through the Website. When submitting an employment application, information concerning a sales representative position or a similar position through the Website, you are solely responsible to verify the accuracy, truthfulness and completeness of the information that you submit, and you warrant to Fabuwood that all of the information you submit is accurate, true and complete. You further agree and understand that by furnishing such information to Fabuwood via the Website, you are consenting to being contacted by email, telephone, or other means of communications, by Fabuwood or other parties, and Fabuwood expressly disclaims all responsibility for such communications, subject to the terms of the Privacy Policy.
Fabuwood’s Website contains a blog, forum and question and answer section (collectively, the “Blog”) for users of the Website. The Blog is designed to permit you to share your ideas and opinions. Information on the Blog is provided by Fabuwood’s staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Fabuwood. You acknowledge that a large volume of information is available on Fabuwood’s Sites, including on the Blog, and that people participating on the Sites, including on the Blog, may post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Fabuwood neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information, or other statement made or displayed on the Sites, including on the Blog, by third parties. The opinions expressed on the Sites, including on the Blog, reflect solely the opinions of the users of the Blog and may not reflect the opinions of Fabuwood. Fabuwood is not responsible for any errors or omissions in postings on the Sites, including on the Blog, for hyperlinks embedded in posts or messages, or for any results obtained from the use of such information. Under no circumstances will Fabuwood be liable for any loss or damage caused by your reliance on information obtained through the Site, including on the Blog.
You acknowledge that due to the immediate nature of the Internet and postings on the Website, Fabuwood may not censor, approve, edit, or endorse information placed on the Sites, including on the Blog, by its users. Fabuwood cannot (and does not) guarantee that inappropriate material will not be posted on the Sites, including on the Blog.
You understand that by accessing and using the Sites, including the Blog, you may be exposed to Content that may offend you. Your sole and exclusive remedy is to avoid such Content by discontinuing your access and use.
Opinions, comments and other statements expressed by users of the Sites, including on the Blog, are theirs alone, and are not opinions of Fabuwood. Content created by users are the sole responsibility of such users, and their accuracy and completeness are not endorsed or guaranteed by Fabuwood.
Fabuwood does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Blog or any other part of the Sites, except that Fabuwood (i) may consolidate and edit for clarity any Content posted to the Sites, including on the Blog, and (ii) reserves the right to monitor the Sites, including the Blog and to remove any information that Fabuwood (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Fabuwood to monitor, screen, or edit Content on the Sites, including on the Blog, in any way.
YOUR USE OF THE SITES AND CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL CONTENT THEREIN ARE PROVIDED “AS IS” AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED (E.G., FABUWOOD’S 5 YEAR LIMITED WARRANTY), WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE BY FABUWOOD OR ANY OF ITS AFFILIATES, PRINCIPALS, PARTNERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES. FABUWOOD MAKES NO REPRESENTATIONS WHATSOEVER ABOUT THE SUITABILITY OF THE INFORMATION OR CONTENT CONTAINED ON FABUWOOD’S SITES FOR ANY PURPOSE. YOU AGREE AND UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH ACCESSING AND USING ANY OF FABUWOOD’S SITES, INCLUDING THOSE RISKS ASSOCIATED WITH RELIANCE ON THE ACCURACY, THOROUGHNESS, OR UTILITY OF ANY CONTENT OR USER CONTENT.
IN NO EVENT WILL FABUWOOD OR ITS PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER OR LOST OR ANTICIPATED PROFITS RELATED TO ANY INFORMATION OR CONTENT LOCATED ON, OR POSTED, SUBMITTED, ENTERED OR TRANSMITTED TO, THROUGH, OR FROM THE SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH FABUWOOD’S SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, CONTENT OR USER CONTENT THAT IS LOCATED ON, OR POSTED, SUBMITTED, ENTERED OR TRANSMITTED TO, THROUGH, OR FROM FABUWOOD’S SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY, OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR CONTENT AVAILABLE FROM FABUWOOD’S SITES, OR WHETHER OR NOT ALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER INFORMATION CONTAINED WITHIN FABUWOOD’S SITES. You agree that Fabuwood’s maximum liability arising under these Terms or in connection with the Sites will be limited to U.S. $100. The provisions in these Terms are intended to be only as broad and inclusive as is permitted by applicable law.
Fabuwood is not responsible for any errors or omissions in postings on or submissions to Fabuwood’s Sites, including without limitation the Blog, or for any results obtained from the use of such Content, User Content or other information. Under no circumstances shall Fabuwood be liable for any loss or damage caused by your reliance on Content, User Content or other information obtained from or through Fabuwood’s Sites. Fabuwood strives to provide accurate information, but makes no claims, promises, representations, or guarantees about the accuracy, completeness, or adequacy of the Content, User Content or other information contained in or linked to or from Fabuwood’s Sites. Fabuwood therefore cannot and does not claim, promise, represent, or guarantee that any Content, User Content or other information is appropriate for any particular user. Fabuwood may update the Sites and Content from time to time, but it will not necessarily be complete or up-to-date. Although it is our intention for the Sites to be available as much as possible, there may be occasions when the Sites may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any Content or features of the Sites for any reason and without prior notice.
Fabuwood does not routinely monitor Fabuwood’s Sites or any Content, User Content or other information that is posted to its Sites by users. However, Fabuwood reserves the right to monitor Fabuwood’s Sites, and to edit, modify, or remove any Content, User Content, or other information that Fabuwood (in its sole discretion) considers to be inappropriate or unlawful. The exercise of such rights will not create an obligation for Fabuwood to monitor, edit, modify, or remove any Content, User Content or other information on its Sites.
You agree to indemnify, defend, and hold harmless Fabuwood and its principals, officers, directors, shareholders, employees, agents, and representatives from and against all losses, expenses, damages, and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from your violation of these Terms or use of the Sites. Fabuwood reserves the right to assume, at its sole expense, the exclusive defense and control of any matter that is subject to indemnification by you. In such event, you agree to cooperate fully with Fabuwood in asserting any available defenses and in all other respects, at Fabuwood’s request.
Any and all disputes arising out of, under, or in connection with these Terms or the Sites (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the District of New Jersey located in Newark, New Jersey or the state courts located in (or having jurisdiction over) Hudson County, New Jersey. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any right of removal or transfer whether due to forum non conveniens or another reason. These Terms, and their validity and effect, will be interpreted under and governed by the substantive laws of New York, without regard to principles of conflicts of laws or statutes. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Our Sites are operated from the United States. We make no representation that Content or other aspects of the Sites are appropriate or available for use in other jurisdictions. Access to any of the Sites from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Sites from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
By your acceptance of these Terms and your access and/or use of Fabuwood’s Sites, and as a material condition of such access and/or use, you warrant to Fabuwood that you are over the age of eighteen (18) years and are otherwise eligible to use the Sites and/or purchase Fabuwood’s products and/or services, and that you have provided accurate and complete information in all of your communications with Fabuwood.
These Terms, and any other rules or terms posted on the Sites (including our Privacy Policy), constitute the entire agreement between you and Fabuwood, and supersede any previous written or oral agreements between Fabuwood and you. No action or inaction by Fabuwood may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms will continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fabuwood as a result of these Terms or your use of the Sites. Notwithstanding the foregoing, we may have negotiated and executed written agreements with specific individuals or organizations with respect to specific matters addressed therein, and nothing in these Terms is intended to supersede any such agreements. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
If you have any questions, concerns or comments about these Terms or our Sites, please contact us as directed at https://www.fabuwood.com/contact-us/.
Copyright © 2023 by Fabuwood Cabinetry Corp.
Last Modified: 04/12/2024