THIS SITE USAGE AGREEMENT is made this 23rd day of April 2024, by and between
FastenersClearingHouse.com, (The FCH Sourcing Network) (hereinafter the "Company"), and
you (hereinafter the "Member").
FastenersClearingHouse.com operates this Web Site to provide online searchable access to information about and availability of fasteners provided by our members, (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions
set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas,
content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as the “Agreement.”
FastenersClearingHouse.com reserves the right to modify this Agreement at any time without giving prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
The last date these Terms of Use were revised is set forth at the bottom of this agreement.
1. Use of Site
You may use the Service, the Site, and the information on the Site (singly or collectively, the “Content”) solely for your personal purposes and/or to learn about FastenersClearingHouse.com services. No right, title or interest in any Content is transferred to you,
whether as a result of downloading such Content or otherwise. FastenersClearingHouse.com reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to FastenersClearingHouse.com or its partners, affiliates, contributors, members or third parties. The copyrights in the Content are owned by FastenersClearingHouse.com
or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization,
you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by FastenersClearingHouse.com, for example in certain password-restricted areas of the Site
and in our Frequently Asked Questions).
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites, members sites, or other information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by
FastenersClearingHouse.com of the third party, the third-party web site, or the information contained therein. FastenersClearingHouse.com is not responsible for the availability of any such web sites. FastenersClearingHouse.com is not responsible
or liable for any such web site or the content thereon. If you use the links to the web sites of FastenersClearingHouse.com affiliates, members or service providers, you will leave the Site, and will be subject to the terms of use and privacy policies
applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must follow FastenersClearingHouse.com’s link guidelines. Unless specifically authorized by FastenersClearingHouse.com, you may not connect “deep links” to the Site, i.e, create links to this site that
bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
We use commonly available virus scanning technologies to ensure that the files we provide for downloading are free from viruses and other harmful code, however FastenersClearingHouse.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. As with all files that you download from the web, you should scan these files with reputable virus scanning software.
7. Software
Any software which may be available for download via the Site is the copyrighted work of FastenersClearingHouse.com and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies
or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Cookies
We use cookies to help us identify known users so they do not have to retype their company information, and to save them from re-typing their login information. These cookies are encrypted, and do not include any personally inentifiable information, just a 10-digit system ID to identify the user to our system.
if you want to learn more about cookies, see FastenersClearingHouse.com Cookie Information.
9. Disclaimer of Warranties
FASTENERSCLEARINGHOUSE.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT.
FASTENERSCLEARINGHOUSE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE.
FASTENERSCLEARINGHOUSE.COM DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE
OR THE SERVICE WILL BE CORRECTED. FASTENERSCLEARINGHOUSE.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED.
THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
10. Limitation of Liability
IN NO EVENT WILL FASTENERSCLEARINGHOUSE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER
INDIRECT DAMAGES ARISING OUT OF
- 1. THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT,
- 2. ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
- 3. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
- 4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR
- 5. ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF FASTENERSCLEARINGHOUSE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, FASTENERSCLEARINGHOUSE.COM’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
11. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless FastenersClearingHouse.com, its parent companies, affiliated companies, joint venturers, business partners, licensors,
employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’
fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
12. Privacy Policy
See FastenersClearingHouse.com Privacy Policy.
13. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from,
or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
14. User Supplied Information
FastenersClearingHouse.com does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary.
If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give
FastenersClearingHouse.com the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also agree that FastenersClearingHouse.com may publish that fact that you and/or your company are participating members of FastenersClearingHouse.com by way of listing this information on its website or other marketing materials.
15. Password Security
If you register to become a FastenersClearingHouse.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility
for all activities that occur under your member identification and password.
16. General Provisions
- Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by FastenersClearingHouse.com of any breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. FastenersClearingHouse.com therefore reserves the right to correct any errors, inaccuracies or
omissions and to change or update the Content at any time without prior notice. FastenersClearingHouse.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
Any and all disputes relating to this Agreement, FastenersClearingHouse.com’s Privacy Policy, your use of the Site, any other FastenersClearingHouse.com web site, the Service, or the Content are governed by, and will be interpreted in accordance with,
the laws of the State of Illinois, without regard to any conflict of laws provisions.
- Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See our Notice and Procedure
for Making Claims of Copyright Infringement .
Date of Last Modification: March 1st, 2019