4 MFG, Inc - Terms of use and Privacy Policy

a. Venue.Our services merely enable Buyers and Sellers to locate one another. We have no control over the quality, safety or legality of the products and/or services advertised for sale or the truth or accuracy of any Subscriber's product and/or service listings or representations whether express or implied. We cannot ensure that a Buyer or Seller will actually complete a transaction. We do not guarantee any sales leads or that any match will be adequate to your needs. We are not a guarantor of performance with respect to any agreement between a Buyer and Seller.

b. Availability of our Web Site.
The availability of our Web Site depends on many factors, including a Subscriber's connection to the Internet, the availability of the Internet and the Internet backbone and equipment that, by its nature, is not fault tolerant. We will use reasonable efforts to make our Web Site available 24 hours per day, 7 days per week, except for downtime for scheduled and unscheduled maintenance, and will promptly investigate any technical problems that you report to us.

c. We encourage safe business practices.
Because user authentication and accreditation on the Internet is difficult, there may be risks associated with the use of our services. We understand that Subscribers are interested in attempting to avoid these kinds of risks. Please practice safe business practices. If you have any concerns about the party with whom you are dealing, please consider the use of a third party escrow service or services that provide additional verification of third parties.

d. Disputes among Subscribers.
We do not become involved in user-to-user dealings or disputes arising therefrom. Accordingly, you release us and our agents and employees from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with your dealings and disputes with one or more other Subscribers.

e. Information control.
We cannot and do not try to control all the information that is made available through our services. It is possible that information supplied by our Subscribers may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. In addition, we post our Featured Industry, and from time to time, we may allow professionals to dispense general advice on the Web Site. 4 MFG does not endorse and is not responsible for the accuracy or reliability of any such advice or statement. It is the responsibility of each Subscriber to evaluate the accuracy, completeness, or usefulness of any information available through this Web Site. We expect that you will use caution -- and common sense -- when using our Web Site and our services.

a. Your responsibilities.
You are solely responsible for your information and participation in connection with the Web Site, as we act only as a conduit for the online and offline distribution and publication of information. You agree that your information and participation:


1. Will not be false, inaccurate or misleading.
2. Will not be fraudulent or involve the sale of counterfeit or stolen items.
3. Will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. 4 MFG, Inc. does not condone copyright infringement and will terminate Subscribers that infringe on copyrights. To notify 4 MFG, Inc. of a copyright infringement, please click here for 4 MFG, Inc.'s Designation of Agent to Receive Notification of Claimed Infringement under the Digital Millennium Copyright Act.
4. Will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, licensing requirements, anti-discrimination, attorney/CPA referral, attorney/CPA solicitation, or false advertising).
5. Will not be defamatory, threatening, harassing, obscene, offensive, or otherwise unacceptable (in our sole discretion).
6. Will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7. Will not create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers.
8. Will not link or include descriptions of goods or services that (a) are prohibited under this Agreement or our Policies, or (b) you do not have a right to link to or include.
9. Will not list any product or service on our Web Site (or consummate any transaction that was initiated using our service) that, by paying to us the fees set forth in our Pricing Policy, could cause us to violate any applicable law, statute, ordinance or regulation. You are solely responsible for ensuring that your participation in the Web Site (and your payment of the fees set forth in our Pricing Policy) complies with all laws, statutes, ordinances, regulations, or professional requirements by which you are bound.

b.Our right to use your information.
To enable us to use your information or content on our Web Site and in connection with the delivery or promotion of our services, you grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right (including waiver of any applicable moral right) to exercise the copyright, trademark, and publicity rights you have in your information, in any media now known or not currently known, with respect to your information. We will use your information in accordance with our Privacy Policy.

a. Our ownership rights.
We (and our suppliers) retain all of our rights of ownership in our services and Web Site, as well as all data, information (including software) and graphics that are available on or through our Web Site ("4 MFG, Inc. Content"), including but not limited to all copyright, trademark and other intellectual and proprietary rights therein, subject to the rights of Subscribers in their information.

b.Use limitations.
You are not authorized and you agree not to copy, sell, aggregate, or exploit for any commercial purpose our services or content or to provide access to our services by other parties. You agree not to reverse engineer, de-compile, or otherwise attempt to derive source codes from any software accessible through our Web Site. You also agree not to manipulate any Quote, Quote Request or Feedback score, or otherwise misuse our services in any way. You further agree to submit or accept information only from or through your own 4 MFG, Inc. account.

c. Passwords and security.
You agree at all times to maintain the confidentiality of your user name and password. If a Subscriber is a corporation, partnership or other legal entity, then its employees may be authorized to use its name and password, provided that the legal entity will be responsible for all activity and all charges by such employees. Permitting a third party to use our services through your account is prohibited and is a violation of this Agreement. If there is a breach of security through your account, you must immediately change your password and notify us of the security breach by email at info@4mfg.net. You will be liable for any unauthorized use of our services until you notify us of the security breach.

d. 4 MFG, Inc. and other Subscriber information.
By using our services, you will have access not only to 4 MFG, Inc. Content, but also to certain information that other Subscribers have provided to us. This Agreement and applicable laws (including laws regarding confidential information, trade secrets and other proprietary rights) govern use of the 4 MFG, Inc. Content and information of other Subscribers. You may use another Subscriber's information only for investigating the possibility of selling or buying the other Subscriber's products or services. You agree not to use any information provided by other Subscribers for marketing or other sales contacts outside of the 4 MFG, Inc. service.

a. Suspension or termination by 4 MFG, Inc..
If you breach this Agreement or any of our Policies, or if we are unable to verify or authenticate any information you provide to us, or if we believe that your actions may cause legal liability for you, our users or us, or if we believe that your actions may negatively impact 4 MFG, Inc.'s reputation, we may immediately issue a warning, temporarily or indefinitely suspend your ability to use our services, or terminate this Agreement. Whatever actions we decide to take will not limit us in pursuing other legal or equitable remedies available to us.

b. Termination by Subscriber.
You may terminate this Agreement by providing written notice to us, so long as you do not have any Quotes, Quote Requests or fee payments outstanding as of the date of termination.

c. Effect of termination.
Upon termination of this Agreement for any reason, you will cease access and use of our Web Site and services.

d. Survival.
Your obligations and our rights under Sections 9, 10 and 11 together with the provisions entitled "Disputes among Subscribers" of Section 4 and "4 MFG, Inc. and Other Subscriber Information" of Section 8, as well as all rights and obligations under the Privacy Policy and the Pricing Policy or any other rights or obligations that by their nature should survive, will survive the termination or expiration of this Agreement.

a. Indemnity.
You agree, at your own expense, to indemnify, defend and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any action, claim or demand, including expenses and reasonable attorneys' fees, threatened, brought or made by any third party due to or arising out of your breach of this Agreement or our Policies. You agree not to settle any action, claim or demand on our behalf without our prior written consent. 4 MFG, Inc. will have the right to participate in its defense and hire counsel of its choice, at Subscriber's expense.

b. Disclaimer of warranties.
You expressly understand and agree that:
Your use of the 4 MFG, Inc. services is at your sole risk. Our services are provided on an "as is" basis. Any material obtained through the use of our services is done at your own risk and you will be solely responsible for any damage that results from any such material.
4 MFG, Inc. makes no warranty that (i) Our services will meet your requirements, (ii) Our services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of our services will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through our services will meet your expectations, and (v) Any errors in the software we use will be corrected.
No advice or information, whether oral or written, obtained by you from us or through our services shall create any warranty not expressly stated in this agreement.

4 MFG, Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Implied warranties that we may not disclaim under applicable law give you specific legal rights and you may also have other legal rights, which vary, from state to state.

c. Limitation of liability.
Under no circumstances, including negligence, will 4 MFG, Inc. or our suppliers or affiliates be liable for any inulect, incidental, special, exemplary, or consequential damages (including but not limited to loss of revenue, goodwill, or anticipated or lost profits) that result from your use of or inability to use our services. We are not liable for the cost or procurement of substitute services, technology, or data. Our total aggregate liability arising out of the subject matter of this agreement will not exceed the amounts we receive from you during the twelve months prior to the occurrence of the facts giving rise to your claim. You acknowledge that this provision will apply whether or not we are given notice of the possibility of such damages and that this provision will apply to all services or software available from 4 MFG, Inc. or our affiliates. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

a. Independent contractors.
Each of us is an independent contractor, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

b. Assignment.
You are not permitted to assign this Agreement or any of your rights or obligations under it without our prior written consent. Any attempted assignment without our consent will be void. This Agreement and the rights and obligations of each of us under it will be binding on our respective successors and permitted assigns.

c. Notices.
We will provide you with notices via email or, at our discretion, via certified U.S. Mail, to the address you provided to us on your Registration form or such other address you may subsequently specify. You will provide notices to us via email to info@4mfg.net, with a copy sent via certified U.S. Mail to us at Legal Department, 4 MFG, Inc., 1002 West 18^th Street, Chicago, IL 60608. Notices will be deemed given 24 hours after being sent via email (unless the sender receives a response indicating that the message was undeliverable) or three business days after being mailed, whether or not received.

d. Force majeure.
We will not be liable in any amount for our (or our suppliers') failure to perform any obligation under this Agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, act of God, or the occurrence of any other unforeseen contingency beyond our reasonable control.

e. Entire agreement.
This Agreement and our Policies together constitute the entire agreement between us with respect to our services and supersedes all prior agreements between us. No oral statements, promises or agreements will alter the terms of this Agreement or our Policies.

f. Severability.
If any provision of this Agreement is held unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect our mutual original intent, and all other provisions will remain in full force and effect.

g. No unintentional waiver.
Waiver by either of us of a breach of any provision of this Agreement by the other or the failure by either of us to exercise any of our rights will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

h. Governing law.
This Agreement is governed by the laws of the United States of America without regard to any principles of conflict of laws, and as such laws are applied to agreements entered into. We each agree to submit to the personal and exclusive jurisdiction of the courts located within the County Cook, State of Illinois, for any dispute, controversy or claim arising out of or relating to this Agreement.

i.Taxes.
You agree to pay all taxes, assessments, duties, tariffs, imposts, excises and fees, whether arising from permits, sales, use, import, export or value-added activities, however designated, which are levied upon you and related to your activities on our Web Site.

j. Public statements.
You may not issue any press release or make any public statement regarding your participation in the Web Site, except as permitted by 4 MFG, Inc. in writing.

k. Conflicting terms.
Should any term or condition of this Agreement be in conflict with any term or condition of our Pricing Policy, Quote Submission Policy or Privacy Policy, the applicable term or condition of this Agreement will control.

l. Headings.
Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the actual provisions they head.

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