Conditions Of Use



LICENSE AND SITE ACCESS

Fabricavenue grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fabricavenue. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fabricave. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fabricave without express written consent. You may not use any meta tags or any other "hidden text" utilizing Fabricavenue's name or trademarks without the express written consent of Fabricavenue. Any unauthorized use terminates the permission or license granted by Fabricavenue. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fabricavenue.com so long as the link does not portray Fabricavenue, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fabricavenue logo or other proprietary graphic or trademark as part of the link without express written permission.


YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Fabricavenue reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.


DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Site is provided on an "AS IS," "as available" basis. Neither Fabricavenue.com, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Fabricavenue.com, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, Fabricavenue.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Fabricavenue.com specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Fabricavenue.com or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall Fabricavenue.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Fabricavenue.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of fabricavenue.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.


ONLINE CONDUCT

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Overstock.com, its Associates, our users and customers and/or you. We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Fabricavenue.com or any third party. Notwithstanding the foregoing, neither Fabricavenue.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither fabricavenue.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.


YOUR CONSENT FOR NOTICES WE SEND YOU

You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.


TERMINATION OF USAGE

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.


PRICES AND AVAILABILITY OF PRODUCTS

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced.. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.


ORDERING & CUTTING CHARGES

Price Guide:

*If Production Price is less than $4.00, cutting charge is:


5-10 yards = $5.00/yard

11 yards - less than 1 roll = Production Price + $1.00/yard

1 roll = Production Price

**If Production Price is $4.01 - $7.00, cutting charge is:


5-10 yards = 8.00/yard

11 yards - less than 1 roll = Production Price + $1.00/yard

1 roll = Production Price

***If Production Price is $7.01 - $9.00, cutting charge is:


5-10 yards = 12.00/yard

11 yards - less than 1 roll = Production Price + $1.00/yard

1 roll = Production Price

****If Production Price is $9.01 - $14.00, cutting charge is:


5-10 yards = 15.00/yard

11 yards - less than 1 roll = Production Price + $1.00/yard

1 roll = Production Price


DISPUTES

If you access the Site from within the United States , any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in California, USA, except that, to the extent you have in any manner violated or threatened to violate Fabricavenue.com's intellectual property rights, Fabricavenue.com may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.


SHIPPING

The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In some case, we need to get your account on the different couriers we use.