Last Updated: June 30, 2017

Agreement between user and Select Fabricators

Welcome to Select Fabricators (sometimes referred to, collectively with all content therein contained, as the “Website”). The Website is comprised of various web pages operated by us. For the purposes of these Terms and Conditions of Use (the “Terms”), unless otherwise noted, the terms “we,” “our,” and “us” include Select Fabricators, Inc., Select Fabricators and SFI. Use of the Website is offered to you conditioned on your acceptance without modification of the Terms and the Privacy Policy located on the Website (the “Privacy Policy”). We encourage you to regularly review the Privacy Policy and the Terms, as each may be amended by us from time to time in accordance with their respective terms. Using the Website constitutes your understanding and acceptance of all of these Terms and the Privacy Policy. Please read these terms carefully, and keep a copy of the current Terms for your reference. Select Fabricators is an E-commerce Site.

Select Fabricators, Inc. manufactures RF/EMI enclosures, flexible packaging and cleanroom bags & assemblies as well as contract product assembly and fulfillment for the electronics, wireless, aerospace and defense industries.

Electronic Communications

Visiting Select Fabricators or sending e-mails to SFI constitutes “electronic communications.” You consent to receive electronic communications from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Website, satisfy any legal requirement that such communications be in writing.

Please consult our Privacy Policy for information regarding our compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. Our website, products, and services are all directed to people who are at least 13 years old or older. No one under the age of thirteen may use the Website unless supervised by a responsible adult. If you are older than 13 but under 18, you may use the Website only with permission of a parent or guardian.

Links to third party sites/Third party services

Select Fabricators may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of such web site or any association with its operators. Please consult our Privacy Policy for additional information.

Certain services made available via Select Fabricators are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.select-fabricators.com domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of Select Fabricators users and customers. Please consult our Privacy Policy for additional information.

No unlawful or prohibited use/Intellectual Property

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use Select Fabricators strictly in accordance with these Terms and the Privacy Policy. As a condition of your use of the Website, you hereby represent, warrant, and covenant to us that you will not use the Website for any purpose that is unlawful, unethical, or unauthorized by these Terms, and that any such use shall be a material breach of this license. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Other than the limited license described above, no right, title, or interest to any of our intellectual property (including without limitation, the Website, and the Website content) is transferred, licensed, or granted to you.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of us, our licensors or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes or modifications thereto.

You may not modify, publish, transmit, reverse engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.

Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any Website content, and in particular, you will not delete, obscure or alter any proprietary rights or attribution notices in any content. You will use Website content solely for your personal use and will make no other use of the content without the express written permission of both us and, as applicable, our licensor(s) and supplier(s) from whom we license such Website content. You understand and agree that you do not acquire any right, title, or interest to the Website or any content of the Website.

We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.

Third Party Accounts

Our Website’s features may provide functionality to connect your SFI account to third party accounts through the Website. By connecting your SFI account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Website is controlled, operated and administered by us from our offices within the State of New York, United States of America. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SFI Content accessed through www.select-fabricators.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You hereby agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your access, failure to access, use, or inability to use the Website, Website content, or any services in connection therewith, any user postings made by you, your violation of these Terms or the Privacy Policy, your violation of any rights of a third party (including without limitation, any infringement of any third party’s intellectual property rights), or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Disclaimer of Warranties and Limitation of Liability

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, WEBSITE CONTENT, INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SELECT FABRICATORS, INC., SFI, WWW.SELECT-FABRICATORS.COM AND/OR ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, WEBSITE CONTENT, INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN ORAVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SELECT FABRICATORS, INC., SFI, WWW.SELECT-FABRICATORS.COM AND/OR ITS LICENSORS AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

SELECT FABRICATORS, INC., SFI, WWW.SELECT-FABRICATORS.COM AND/OR ITS LICENSORS AND SUPPLIERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ALL WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE, WEBSITE CONTENT, INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE.

SELECT FABRICATORS, INC., SFI, WWW.SELECT-FABRICATORS.COM AND/OR ITS LICENSORS AND SUPPLIERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE WILL BE ERROR-FREE, SUITABLE FOR YOUR PURPOSES, OR FREE FROM INTERRUPTION OR FAILURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELECT FABRICATORS, INC., SFI, WWW.SELECT-FABRICATORS.COM AND/OR ITS LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE OR RELATED SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SELECT FABRICATORS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Limited Warranty and Limitation of Liability for Pouches

Click here to view our informational material.

Termination/access restriction

We reserve the right, in our sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Governing Law and Venue

To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York, without regard to the principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Website or these Terms. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

No Implied Relationships

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Website. Our performance of these Terms and the Privacy Policy is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable laws, rules, and/or regulations, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Entire Agreement

Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between the user and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Amendments

We reserve the right, in our sole discretion, to change the Terms under which www.select-fabricators.com is offered, provided that, if we change our Privacy Policy, we will post those changes on this page. The most current version of the Terms will supersede all previous versions. SFI encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

SFI welcomes your questions or comments regarding the Terms.

Mailing Address:
Select Fabricators, Inc.
5310 North Street
Canandaigua, New York 14424-0119

Email Address:
contactus@select-fabricators.com

Telephone number:
(585) 393-0650