Community Rules & Etiquette and Privacy Guidelines
Thank you for being part of our Fabricators & Manufacturers Association ("FMA") community. To ensure the best possible experience for all members, we have established some basic terms and conditions for participation. Please read these terms and conditions carefully before using the site.
By joining and using this community, you acknowledge that you have read and understand these terms and conditions in their entirety and agree to be bound by their terms. You also agree to reserve discussions and shared files and content to that best suited to the medium. This is a great medium with which to solicit the advice of your peers, benefit from their experience, and participate in an ongoing conversation. However, discussions and content are subject to antitrust laws, so do not post messages that may encourage or facilitate members to arrive at any agreement that either expressly or impliedly restricts free trade or competition. Questions should be directed to our Member Services department via the Contact Us link on this site.
We reserve the right to modify these terms and conditions from time to time in our sole discretion. If we make changes to these terms, we will announce and post such changes on the site. By continuing to use the site after such notice is posted, you are bound by the terms and conditions as modified with respect to all your subsequent use of the site.
- Don't challenge or attack others. The discussions and comments are meant to stimulate conversation not to create contention. Let others have their say, just as you may.
- Don't post commercial messages on any discussion list, resource library entry, or other area where others might see it. Contact people directly with product and service information if you believe it would help them.
- Use caution when discussing products. Information posted on the lists and in the libraries is available for all to see, and comments are subject to libel, slander, and antitrust laws.
- Do not post anything that you would not want the world to see or that you would not want anyone to know came from you.
- Please note carefully all items listed in the disclaimer and legal rules below, particularly regarding the copyright ownership of information posted.
- Remember that other participants have the right to reproduce postings to this site unless you specify otherwise.
- Post your message or documents only to the most appropriate lists or libraries. Do not spam several lists or libraries with the same message.
- All messages must add to the body of knowledge. We reserve the right to reject or delete any message for any reason.
- Do not post any defamatory, abusive, profane, threatening, offensive, or illegal materials. Similarly, do not post any materials that may be harassing or otherwise offensive based upon factors such as sex, race, age, national origin, religion or similar factors.
- Do not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants FMA and users of this site the nonexclusive right and license to display, copy, publish, distribute, transmit, print, and use such information or other material.
- You may not use the site to:
- Direct or encourage Users to make an agreement intended to expressly or impliedly restrict trade or competition. Member postings are subject to antitrust laws. Although this is not an exhaustive list, the following topics are prohibited: current or future prices; salaries; current or future costs; current or future profits or margins; what constitutes a “fair” profit level; possible or planned increases or decreases in prices; standardization or stabilization of prices; pricing procedures; prices that are not publicly available; cash and other discounts; credit terms; terms or conditions of sale; market shares; allocation of markets or customers or geographical division of markets; boycott or refuse to deal with any person or entity because of its pricing or distribution practices; and comments or opinions on the pricing practices of any industry member, including that the practices are unethical or constitute an unfair trade practice or restraint of trade. You should consult with your attorney if you are concerned that other topics may violate the antitrust laws.
Discussion Group Etiquette
- Include a signature tag on all messages. Include your name, affiliation, location.
- State concisely and clearly the topic of your comments in the subject line. This allows members to respond more appropriately to your posting and makes it easier for members to search the archives by subject.
- Include only the relevant portions of the original message in your reply. Delete any header information, and put your response before the original posting.
- Only send a message to the entire list when it contains information that everyone can benefit from.
- Send messages such as "thanks for the information" or "me, too" to individuals--not to the entire list. Do this by using the "Reply to Sender" link to the left of every message.
- Do not send administrative messages, such as remove me from the list. Instead, use the web interface to change your settings or to remove yourself from a list. If you are changing e-mail addresses, you do not need to remove yourself from the list and rejoin under your new e-mail address. Simply change your settings.
- Warn other list subscribers of lengthy messages either in the subject line or at the beginning of the message body with a line that says "Long Message."
More Legal Stuff
This site is provided as a service for the members of FMA. You shall not access or use this community, or permit or enable anyone else to access or use this community, unless you, or such other person, are properly authorized to do so. FMA is not responsible for the opinions and information posted on this site by others; all postings are the sole responsibility of the member from whom such postings originated. FMA may, but has no obligation to, pre-screen, review, edit, or monitor any postings on the site.
Your use of the site is a privilege and NOT a right. Accordingly, FMA expressly reserves the following rights:
- the right to suspend, revoke, and terminate your privilege to use the site at any time and with or without notice, should you violate these terms and conditions or violate, in FMA's good faith determination, any applicable law (note that a violation of the terms and conditions by anyone using the site under your authority or permission will be deemed a violation by you, whether or not the violation is with or without your knowledge or consent);
the right to suspend or terminate the account of any member who we believe is a copyright infringer and to deny re-registration by such member;
the right to suspend, delete, remove, block, disable, and deny access to any postings at any time, for any or no reason, and with or without notice, including, without limitation, postings that, in the sole judgment of FMA, violate these terms and conditions, or may expose or subject FMA to claims or liabilities of any kind, or may adversely affect the reputation or goodwill of FMA, or may pose threats, danger or harm of any kind to the site, any FMA content, or other members;
- the right to investigate any violation or suspected violation of these terms and conditions and cooperate with law enforcement authorities and/or third parties in such investigation;
the right to preserve and disclose any and all of your personal information if doing so is required by law or, in our good faith belief, is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any postings violate the rights of third parties; (d) respond to an emergency; or (e) protect the rights, property or safety of FMA or its members; and
THE SITE, ALL CONTENT, AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING WITHOUT LIMITATION THE DISCUSSIONS BOARDS, MESSAGE BOARDS OR OTHER ONLINE COMMUNITY FEATURES, ARE PROVIDED "AS-IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FMA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY AND ALL FMA CONTENT, AND ANY AND ALL SERVICES, FEATURES AND APPLICATIONS OFFERED ON THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, FMA DOES NOT WARRANT OR GUARANTEE THAT THE SITE, ANY FMA CONTENT, OR ANY SERVICE, FEATURE, OR APPLICATION OFFERED ON THE SITE, IS ERROR-FREE, UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
IN NO EVENT SHALL FMA BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE SITE (INCLUDING BUT NOT LIMITED TO POSTINGS OR THE REMOVAL OF POSTINGS), ANY FMA CONTENT, OR ANY SERVICE, FEATURE, OR APPLICATION OFFERED ON THE SITE, OR YOUR USE OF (OR YOU INABILITY TO USE) OR RELIANCE UPON ANY OF THE FOREGOING, REGARDLESS OF WHETHER OR NOT FMA AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FMA HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, SUITS, PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING FROM OR IN CONNECTION WITH: (1) ANY POSTINGS MADE BY YOU; OR (2) YOUR BREACH OR VIOLATION OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE LAW. FMA RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH FMA IN SUCH DEFENSE AND SETTLEMENT.
These terms and conditions are governed by and shall be construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws principles. Any dispute arising between you and FMA concerning the site shall be decided exclusively by state courts located in Winnebago County, Illinois or federal courts located in the Northern District of Illinois, Western Division. If any portion of these terms and conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the remaining portion of these terms and conditions, all of which shall remain in full force and effect. No waiver of any provision shall be deemed to be a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.