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. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. 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.
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.
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.
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.
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.
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, OR THAT THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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 York located in New York, New York or the state courts located in (or having jurisdiction over) New York County, New York. 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.
This Sites are offered and available to users who are 18 years of age or older. 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.
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: 07/06/2023