myFab5, LLC - Terms of Use

Welcome to www.myfab5.com (the “Site”). We ask that you read the following terms of use which constitutes a license that covers your use of this site and any transactions that you engage in through the site (this “Agreement”). By accessing, viewing, or using the Site, you acknowledge that you have read, understand, and agree with the terms of this Agreement. MyFab5, LLC (“MyFab5”) reserves all rights not expressly granted to you in this Agreement.

If you do not want to be bound by this Agreement, you must exit from the Site immediately. Your continued use of the Site constitutes your agreement to these terms.

  1. Use of Site: This Site is intended to allow users to create, publish, view, and interact with rankings, reviews, and other content (“User Content”) and to create an open dialog among users. Any other use of this Site is prohibited. By way of example, you should not use any features of the Site that permit communications or postings to transmit, display, or otherwise communicate:
    • any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
    • any advertisement, solicitation, spam, chain letter, or other similar type of information;
    • any encouragement of illegal activity;
    • unauthorized use or disclosure of private, personally identifiable information of others; or
    • any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

  2. Site Content and Ownership: In addition to User Content, other information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) can be accessed on the Site. Materials are the property of MyFab5 and its third party licensees and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of the Site solely for the purposes of using this site for the authorized uses described above. You agree to comply with all copyright laws worldwide in your use of this Site and prevent unauthorized copying of the Materials. Except as provided in this Notice, MyFab5 does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

    When you upload or provide User Content, it must be accurate and complete. You are solely responsible for any information or data you upload, publish, display, link to, or otherwise make available. You may not use, sell, or otherwise distribute information or data provided by other users of the Site. You grant MyFab5 a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-format, re-arrange, and distribute the User Content you provide to or through the Site or any other service or product MyFab5 provides. This license is limited to the purpose of operating and providing the Site to you and to our other users. Understand that the Site is a public platform and other users will be able to search for, access, and otherwise use content or information you provide to or through the Site. Following termination or deactivation of your account, or if you remove your content from your account, MyFab5 may retain the content you provided to or through the Site for a commercially reasonable period of time for backup, archival, or audit purposes.

  3. Consent to Use of Data and Personal Information: You agree that MyFab5 may collect and use technical and personal data, including, but not limited to, hardware information, software information, any peripherals, geographic data, social network data, or any information you may upload as part of your profile. MyFab5 may use and store such information as reasonably necessary to provide the Site’s services. Information used outside of this purpose may be used in a form that does not personally identify you.

    Click here to access MyFab5’s Privacy Policy governing the use of information that it obtains from you through your use of the Site.

  4. Termination: Without limiting its other remedies, MyFab5 may immediately discontinue, suspend, terminate, or block your and any user’s access to the Site at any time in our sole discretion. Though your right to use the Site may be terminated, any obligations you have under this Agreement shall continue. You may also request that MyFab5 stop collecting your personal data, which will also terminate your rights.

  5. Hyperlinks: As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by MyFab5. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by MyFab5. MyFab5 does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by MyFab5. Links do not imply that MyFab5 or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of MyFab5 or any of its affiliates or subsidiaries. Except for links to information authored by MyFab5, MyFab5 is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. MyFab5 reserves the right to discontinue links to any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

  6. Third Parties: Utilizing the services, software, materials, or data provided by any third parties shall subject you to their provider’s terms of service in addition to this Agreement. You should consult with your internet, phone, or data provider as to these terms and any relevant pricing data. You hereby certify that you are in compliance with all third-party terms of service and that you are solely responsible for any costs. You agree that MyFab5 is not responsible for the content, accuracy, safety, quality, legality, timeliness, or completeness of any services, software, materials, or data provided by third parties. You agree not to hold MyFab5 responsible for any costs or damages caused in part or wholly by third parties.

  7. Location Data for Information Purposes Only: Location data provided to you by MyFab5 or any third party is for information’s sake only and should not be relied upon. MyFab5 does not guarantee the accuracy, reliability, timeliness, or availability of information, including, but not limited to, location data. The Site may not be available in all languages or locations.

  8. Disruptions of Service: MyFab5 may suspend, disable access to, or remove the Site at any time without notice. You agree not to hold MyFab5 responsible for any suspension, barring of access, or removal.

  9. Changes to Terms: MyFab5 may change the terms of this Agreement by notifying you electronically, either via e-mail or upon login to the Site. Using the Site after receiving notification of changes to this Agreement will bind you to them. If you wish not to agree to the new terms, your relationship with MyFab5 will terminate, though your obligations under this Agreement will continue.

  10. No Use by Minors: You may use the Site only if you are over the age of majority in your jurisdiction. The Site is not directed to people under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us by e-mail at support@myfab5.com.

  11. Use of your Account: You must keep your account secure. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. You will not, directly or indirectly, permit or enable any unauthorized access to your account or any information you obtain via the Site’s services. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to support@myfab5.com. You will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by MyFab5 to prevent or terminate unauthorized use of any part of the Site.

  12. E-mail: By providing MyFab5 with your e-mail address, you agree to allow us to send you e-mails and use your e-mail address to send any notices required by law in lieu of communication by postal mail. We may also use your e-mail address or mobile phone number to send you messages, and you are solely responsible for costs associated with those communications.

  13. Copyright Infringement: The Site contains User Content which is not verified or endorsed by MyFab5. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
    • Identification of the copyrighted or trademarked work that you claim has been infringed;
    • Identification of the allegedly infringing content, and information reasonably sufficient to permit MyFab5 to locate it on the Site (e.g., the URL for the web page on which the content appears);
    • A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
    • A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
    • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
    If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
    • Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;
    • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
    • A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which MyFab5 is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to MyFab5, or an agent of such person;
    • Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
    We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
    You can send us your copyright or trademark notices to support@myfab5.com.

  14. NO WARRANTY: You expressly agree that use of this Site is at your sole risk and that the entire risk relating to the site, including quality, performance, accuracy and effort, is yours. Neither MyFab5, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

    The User Content and Materials may contain errors, omissions, inaccuracies, or outdated information. Further, MyFab5 does not warrant reliability of any statement or other information displayed or distributed through the site. MyFab5 reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. MyFab5 may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

    THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. MYFAB5 HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MYFAB5 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, INTERFERENCE WITH YOUR HARDWARE, INTERFERENCE WITH YOU BUSINESS OR LIFE, OR ERROR-FREE OPERATION. WE DO NOT WARRANT WHETHER UNAUTHORIZED THIRD PARTIES MAY DEFEAT OUR SECURITY MEASURES OR USE YOUR PERSONAL INFORMATION FOR IMPROPER PURPOSES. NO STATEMENTS MADE TO THE CONTRARY BY ANY PARTY OR AGENT OF MYFAB5 SHALL CREATE A WARRANTY. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION OF THE SITE, YOUR HARDWARE, AND OTHER SOFTWARE.

    MYFAB5 MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, MYFAB5 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK.

    YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

  15. LIABILITY LIMITATION: MYFAB5 SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY OR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGE TO HARDWARE OR SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED TWENTY UNITED STATES DOLLARS.

  16. INDEMNIFICATION: YOU AGREE to INDEMNIFY, DEFEND, and HOLD HARMLESS MyFab5 and its agents, members, officers, directors, employees, partners (including, without limitation, its wireless carrier partners), subsidiaries, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against any and all claims, suits, demands, causes of action, proceedings, orders, decrees, and judgments for bodily injury, wrongful death, loss of services, property damage, and/or any other reason, and from and against any and all costs and expenses, including attorney's fees, which may arise out of your use of the Site.

  17. Applicable Law: This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, excluding its conflicts of law rules. Any claims arising from or relating to your use of the Site or this Agreement (including the Privacy Policy) may only be filed claims in federal or state courts located in the State of Michigan and you herby consent to their exclusive jurisdiction, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts. Your use of the Site may also be subject to other local, state, national, or international laws. You must comply with all applicable laws in the jurisdictions where you may use the Site.

  18. Entire Agreement: This Agreement and the Privacy Policy, along with any amendments or other terms referenced in this Agreement, shall constitute the entire agreement between you and MyFab5 with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MyFab5 with respect to the Site. The breach of any provision in this Agreement will not be waived except by the express written consent of MyFab5, and any failure by MyFab5 to enforce its rights under this Agreement shall not constitute waiver.

  19. Severability: Should any part of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such a part or portion will be construed as narrowly as possible and does not invalidate the remaining portions of the Agreement, which shall remain in full force and effect.

    If you should have any questions about this Agreement, the Site, or MyFab5, you may contact us at support@myfab5.com or MyFab5, LLC, 2621 Meade Ct, Ann Arbor, MI 48105.

  20. Electronic Communications and Electronic Signatures: You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from MyFab5 solely through electronic transmission. You agree that when you click on “I agree,” “I consent,” or other similarly worded “button” or entry field with your iPhone, iPod, iPad, or other device your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
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