CloudFab

Terms of Service

Before using CloudFab, please review the policies below:

CloudFab Terms of Service

Introduction

Welcome to CloudFab, an online marketplace that provides engineers, designers, and hobbyists access to a network of job shops that provide fabrication and prototyping services. The CloudFab site and service ("Service") is owned and operated by GearHeadz, LLC, a Pennsylvania limited liability company, d/b/a CloudFab, referred to throughout these Terms of Service ("TOS") as "CloudFab", "we", "us", or "our".

Please read this document carefully. YOU ARE ABOUT TO ENTER INTO A LEGALLY BINDING CONTRACT. Any references to "you" or "your" refer to both you and any person on whose behalf you act, if any. Your use of CloudFab is subject at all times to these TOS, our Privacy Policy, and any other applicable documents that you agree to. You represent that you have read and understood these TOS.

Each time you use or access our web site and service at www.cloudfab.com ("Site"), you agree to be bound by these TOS. You may not access the CloudFab Site, register an account, upload designs, or make any purchases through the Site unless you agree to the terms contained herein. If you do not agree to, or cannot comply with, these TOS, then please do not use or access our Site.

ACCESS TO THE SITE IS INTENDED ONLY FOR PERSONS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY ACCESSING THE SITE, YOU REPRESENT THAT YOU ARE AN ADULT AND THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TOS AND PRIVACY POLICY.

CLOUDFAB CAN REVISE THESE TERMS AND/OR OUR PRIVACY POLICY AT ANY TIME WITH OR WITHOUT NOTICE BY UPDATING THIS POSTING. BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT TOS AND/OR PRIVACY POLICY, AS APPLICABLE.

How CloudFab Works for Buyers

CloudFab gives you the ability to upload your specifications and designs to our Site in order to receive price quotations for fabrication and prototyping services from a wide variety of job shops across the worldcountry. CloudFab's role is to connect buyers and sellers – we are not a retailer. This means that when you purchase services through CloudFab, you are entering into a direct relationship with an individual seller (facilitated by CloudFab). Consequently, you are responsible for agreeing with the seller's individual policies, including without limitation shipping policies, before making any purchases.

Once you've accepted a quote, you must simultaneously make a payment of the full amount of the order into CloudFab's escrow, and production will begin as soon as possible thereafter. All orders are final. By clicking the "Accept Quote" button, you enter into a legally binding contract among yourself, the seller, and CloudFab, which obligates you, among other things, to comply with all of CloudFab's policies, including without limitation these TOS and Privacy Policy, as well as the policies of any agents acting on our behalf. You also waive your ability to initiate a chargeback against CloudFab, other agents working on behalf of CloudFab, as well as sellers and all other users of CloudFab.

You represent and warrant to us in relation to each product plan or specification submitted to the Site, that such product plan or specification does not contain or infringe the intellectual property rights (copyright, trademark, trade secret, patent, etc.) of any third parties and that you have the right to market and license such product plan or specification. You retain ownership of all intellectual property rights in your product plans and specifications. Apart from a limited license to store such product plans and specifications on our servers and to transmit them to the seller, we are not given any interest in them.

BY USING THE SITE, YOU AGREE THAT ALL TRANSACTIONS, LEADS, AND ALL OTHER KNOWLEDGE LEADING TO A TRANSACTION BETWEEN YOURSELF, SELLERS, OTHER USERS OF CLOUDFAB, OR CLOUDFAB ITSELF SHALL BE CONDUCTED THROUGH THE SITE. YOU MAY NOT USE THE SITE TO SEARCH FOR POSSIBLE TRANSACTIONS AND THEN BYPASS THE SITE BY CARRYING OUT ANY PORTION OF SUCH TRANSACTION OFF-SITE. ANY EFFORT TO DO SO WILL BE A MATERIAL VIOLATION OF THESE TOS.

How CloudFab Works for Sellers

CloudFab gives you the ability to bid on smaller-run prototyping and fabrication work of all kinds, allowing you to turn idle equipment into a new revenue stream.

When a buyer accepts a seller's price quotation, the buyer will simultaneously make a payment of the full amount of the order into CloudFab's escrow. If, within five (5) business days after the buyer has received the order in full from seller (as evidenced by the shipping confirmation receipt), the buyer has not invoked the Refund and Dispute Policy of these TOS, the buyer's payment will be credited to your CloudFab account, less a commission of the gross payment amount (including without limitation shipping and other charges). All payments, less commissions, will be deposited into your bank account within fourteen (14) business days of the payments being credited to your CloudFab account.

Commissions payable will be calculated on the total gross order amount (which shall include shipping and all other charges) as set forth below:

Gross Order Amount: CloudFab Commission

$0 - $99.99: No commission charged
$100 – $299.99: 6% of gross order amount
$300 – $999.99: 5% of gross order amount
$1,000 – $2,999.99: 4% of gross order amount
$3,000+: Flat rate of $90

Although CloudFab may assist sellers with certain shipping assistance, such as automated shipping quotes, aAll shipping costs and arrangements are the sole responsibility of the seller, not CloudFab. Sellers hereby agree that all price quotations shall include shipping provisions and costs. No shipping charges may be added by the seller once the quotation has been accepted by the buyer. All shipping methods must include the ability to track the package and the tracking number must be submitted through the Site in the appropriate field on the quote details page of the relevant order. Seller agrees to submit such tracking number as soon as practicable after shipping the order. You are strongly encouraged to purchase insurance on all orders, and failure to do so does not in any way transfer any financial or other obligations to CloudFab. Risk of loss shall rest with the seller, and the seller shall not receive payment from CloudFab, until the order is received by the buyer.

You shall not disclose, directly or indirectly, to any third party any portion of any product plans or specifications provided to you by CloudFab or any buyer (such information, "Confidential Information"). You shall not use or exploit such Confidential Information in any way except in accordance with these TOS. You shall promptly return or destroy all materials containing such Confidential Information upon request of the buyer or CloudFab and shall take all necessary precautions to protect the confidentiality of such Confidential Information and exercise at least the same degree of care in safeguarding such Confidential Information as you would with your own confidential information, exercising in no event less than a reasonable degree of care. Confidential Information shall not include any information that is in the public domain prior to its disclosure to you by CloudFab or any buyer.

YOU FURTHER COVENANT AND AGREE THAT YOU SHALL NOT DIVIDE A SINGLE ORDER INTO MULTIPLE ORDERS IN ORDER TO AVOID PAYMENT OF A COMMISSION TO CLOUDFAB.

Refund and Dispute Policy

If the part(s) you have ordered does not match your specifications, you may initiate a dispute against the seller within five (5) business days of receiving the part (as evidenced by the shipping confirmation receipt). If you do not act within this five (5) business day period, the parts shall be considered accepted and your ability to invoke this Refund and Dispute Policy shall expire. By disputing your order, you grant to CloudFab the right to act on your behalf to attempt to resolve the dispute with the seller. In the event that CloudFab is unable to resolve the dispute within ten (10) business days of the buyer's invocation of this Refund and Dispute Policy, the parties agree to abide by the dispute settlement provisions in the Governing Law section of these TOS. In the event that any dispute arises between buyer and seller, you agree that CloudFab shall retain all amounts received from buyer until the final resolution of the dispute. You further agree that the provisions of these TOS, including without limitation the Disclaimer and Liability and Indemnification sections, shall apply to any such dispute.

Billing

Billing, account maintenance, account customer service, and other support functions for our Service may be provided by a third party billing service provider ("Billing Service Company") and not by us. By signing up for our Service, you agree to be bound by the Terms and Conditions and all other applicable documents (including its Privacy Policy) by the Billing Service Company, in addition to our TOS.

You need a valid credit card or other payment method acceptable to CloudFab (the "Payment Method") in order to accept quotes using our register for our Service. You acknowledge that:

(i) The Payment Method provided is valid and that you are authorized to use such Payment Method;
(ii) CloudFab or the Billing Service Company is authorized and may charge such Payment Method;
(iii) all registration data and other information submitted is complete, true, accurate and up-to-date, and that you will update all registration data and other information submitted as necessary to keep it current. Any fraudulent, abusive or otherwise illegal activity will be grounds for immediate termination of your account at CloudFab's sole discretion and may be reported to appropriate law enforcement agencies. You will indemnify and hold CloudFab and the Billing Service harmless from any claims, losses, damages or liabilities arising out of any breach of the foregoing representations, warranties and covenants.

Each user of our Service must have his, her, or its own account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you will immediately notify us of the problem to avoid possible liability for any unauthorized charges to your account.

You will not be entitled to a refund during Service outages that are caused by our maintenance on the servers or the technology that underlies our Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our control.

We may also occasionally offer discounts or promotions to existing customers. We reserve the right to limit, expire, change, modify or disqualify any promotional offer for fraud, discount stacking or any other reason, and to charge you at current rates.

If you register for an account, you are required to keep your billing account information current, complete and accurate (such as a change in billing address, credit card number or expiration date) and notify CloudFab if your Payment Method is canceled (e.g., for loss or theft). You agree to make payment using the selected Payment Method. You agree that we have the right to correct any errors or mistakes in your billing statement even if we have already requested or received payment, including without limitation billing you for any applicable taxes regardless whether such amounts were previously itemized on your bill. Your right to use our Service is subject to any financial limits that may be established from time to time by us, the Billing Service Company, or by your credit card issuer, financial institution or other provider of your chosen payment method ("Payment Method Provider").

If payment cannot be charged to your Payment Method or your charge is returned for any reason, including without limitation chargeback, we and/or the Billing Service Company reserve the right to either suspend or terminate your access and account without notice, thereby terminating this agreement and all obligations of CloudFab hereunder.

CloudFab Intellectual Property, Licenses, and Representations

Unless otherwise indicated, all materials on our Site, including, without limitation: text, images, software and databases ("Content"), are owned or controlled by CloudFab, which retains ownership of all right, title, and interest in and to the Content, including without limitation the copyrights, trademarks, service marks and all intellectual property rights. You only receive a license to access our Content, and retain no ownership rights.

The Service and the Content are protected by copyright and trademark laws of both the United States and other countries, international conventions and other applicable laws. In no event shall you use the Content in any commercial or public manner, including without limitation any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Service or the Content or any portion thereof without the prior written permission of CloudFab.

This policy does not extend to any Content provided by our Site partners. Content on our Site provided by our partners is used by us with permission, and our partners retain ownership to all right, title and interest to their Content. Content on our Site that is not the direct property of CloudFab can only be displayed or reproduced with the express consent of the copyright holder.

You further agree not to interrupt, or attempt to interrupt, the operation of the Service in any way, nor shall you take any actions that disable, damage or impair the Service's control or security systems, including without limitation by hacking, de-compiling, disassembling or reverse-engineering the Service or the Content.

You may not reverse engineer, disassemble, decompile or attempt to reverse engineer or derive source code from, all or any portion of our Site or Service, or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the Site as that term is defined under 18 U.S.C. Sec. 1030.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of CloudFab, its employees, licensors, independent contractors, providers, vendors, and affiliates (collectively, "Affiliates") without the prior written permission of CloudFab or its relevant Affiliate.

Accounts and Access

You may access and/or use the Service only if you have agreed to these TOS and have been registered and authorized by CloudFab to use the Service. If you are using the Service on behalf of a corporate or other entity, you represent that you have the authority to use the Service on behalf of such corporate or other entity. You are responsible for maintaining the confidentiality of your account and password and for restricting access thereto and are responsible for all activities that occur under your account or password. In addition, you agree that in using the Service you shall not violate any law, regulation or governmental order. You hereby certify that you: (a) are not a citizen of, nor located in, any of the countries prohibited from receiving United States ("U.S".) exports, or prohibited from transacting with U.S. citizens pursuant to U.S. embargoes or other sanctions; (b) are not prohibited from receiving U.S. exports by being listed on any export denial list published by the: U.S. State Department – Directorate of Defense Trade Controls, U.S. Treasury Department – Office of Foreign Assets Control, or U.S. Department of Commerce – Bureau of Industry and Security; and, (c) will not export or re-export U.S.-origin products or technology obtained via the Service in violation of U.S. export regulations. You acknowledge that CloudFab has the right, but not the obligation, to periodically audit your use of the Service to ensure your compliance with these TOS and applicable laws. You agree to immediately notify CloudFab of any unauthorized use of your account or any other breach of security of which you become aware.

Beta Test

CloudFab is a new Service and you will be among its first users. By agreeing to these TOS and gaining access to CloudFab, you agree to participate in the testing of the Site and certain Service features ("Beta Test"). Your participation as a Beta Tester is subject to the following terms:

As a Beta Tester, you are invited to use our Site for the sole purpose of evaluating the Content and identifying errors. Nothing in these TOS or through the Site shall be construed as granting you any rights or privileges of any kind with respect to the Beta Test or Content that you find here. The Beta Test is provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

By using the Service during the Beta Period, you agree that: (i) testing our Service is at your own risk and that you know the Service may include known or unknown bugs, (ii) CloudFab has no obligation to make any Content available for use without charge for any period of time, nor to make them available at all, (iii) Content or certain features may be available by subscription or other fees once the testing process is complete or at any time in the future; (iv) these TOS applies to your use of the Content during the testing phase.

If you accept our TOS as a Beta Tester, it is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with CloudFab will be that of an independent tester and nothing in these TOS shall be construed to create a partnership, joint venture, or employer-employee relationship (even if you are an employee of CloudFab or Affiliates for other purposes). You agree that you will use your own equipment and participate in the Beta Test at your own premises.

Beta Test accounts are non-transferable under any circumstances.

Conduct and Misconduct

You may not use any of your own or third party software to modify the Site or to change any aspect of the Service. You may not use our intellectual property rights contained in the Content or the Site to create or provide any other means through which the Content or Service may be accessed by others.

You may not take any action that imposes an unreasonable or disproportionately large load on our Service. You may not use your software or third party software to rewrite or modify the user interface or otherwise manipulate data in any way.

Links

This Site may include links to other internet sites. CloudFab does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, CloudFab makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at the user's own risk. You are responsible for reviewing applicable terms and policies for any third party site that you may visit.

Copyright Policy and Complaints

CloudFab respects the intellectual property of others. If you believe that any material on the Site or any use of the Site infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing can be found on the Site;
(iv) Your address, telephone number, and email address;
(v) A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."

Send the notification to us as follows:

GearHeadz, LLC d/b/a CloudFab
1936 Fifth Avenue
Pittsburgh, PA 15219
Email: info@cloudfab.com

Disclaimers and Liability

We cannot guarantee and we do not promise any specific results from the use of our Site and Service.

CLOUDFAB CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE OR YOUR ACCESS TO THE SERVICE, THE SITE, OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. CLOUDFAB MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISPLAYED IN CONNECTION WITH THE SERVICE. CLOUDFAB MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY CLOUDFAB; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCEPT FOR EXPRESS WARRANTIES STATED IN THESE TOS, IF ANY, THE SERVICE, ALL INFORMATION AND CONTENT ACCESSIBLE THROUGH OUR SITE, YOUR ACCOUNT, USER CONTENT, ALL OTHER SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATIBILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH THE USER.

We will make reasonable commercial efforts to keep Service downtime to a minimum, but we can't promise that the Service or any data stored or transmitted in connection with the Service will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the Service at any time without notice for repairs, maintenance, improvements or for any other reason.

The Site, the Service, and all Content is provided on "as-is" basis. Our Site may be incomplete, or otherwise contain bugs, defects and errors. We make no promise that the Service will operate either fully or in part on any specific computer or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while using the Service.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CLOUDFAB BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

(i) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE SITE OR SERVICE, MATERIALS OR OBJECTS PRODUCED USING THE SERVICE, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SITE OR SERVICE, OR;
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE SITE OR SERVICE, OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE SITE OR SERVICE, EVEN IF ANY THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE SITE OR SERVICE.

IN NO EVENT SHALL CLOUDFAB'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT ACTUALLY PAID TO CLOUDFAB BY THE INJURED PARTY. IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN CLOUDFAB'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

You hereby understand, and acknowledge, that there is no guarantee that CloudFab shall continue offering access to its Service on a going-forward basis.

Indemnification

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these TOS or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim.

You represent and warrant that your participation in our Service is in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of these TOS, and that all information provided to CloudFab or its designee by you in connection with this TOS, including without limitation all registration information, is true, correct and accurate. You must promptly provide CloudFab with an update if any of your information changes.

Your use of the Site and Service constitutes your agreement to defend, indemnify and hold harmless CloudFab and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney fees, incurred directly or indirectly by CloudFab, arising out of or relating to your use or misuse of the Service, your access to the Site or your account, including a third party's use or misuse of your account and/or password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. CloudFab shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.

Disclosure of Personally-Identifiable Information

We cannot ensure that your personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury.

You agree that we may communicate with you via email and any similar technology for any purpose relating to the Site, Service and Content and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our Privacy Policy which governs the collection and use of personally identifiable information.

Term/Termination

The terms of these TOS shall commence upon the date that you accept these TOS or you otherwise begin participating in the Service and shall continue until the date that you terminate your CloudFab account.

If you or anyone using any of your accounts materially breaches these TOS, or makes any unauthorized use of the Site or Service, or infringes the intellectual property rights of CloudFab or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of any activity within your account which is, in our reasonable discretion, inappropriate and/or in violation of these TOS, then CloudFab may terminate this agreement with you, close all of your accounts, and cancel all rights granted to you under these TOS. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by CloudFab shall be without prejudice to or waiver of any and all other rights or remedies which CloudFab may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.

Upon reasonable prior notice, CloudFab may terminate these TOS, end or prevent access to the Site or Service, in whole or in part, for any reason in its sole discretion.

You may terminate your account with CloudFab at any time, upon notice to CloudFab, whereupon all your accounts will be closed, and all rights granted to you in these TOS will be canceled, effective upon your notice.

Governing Law

This Site is operated and controlled from our offices in Pittsburgh, Pennsylvania. It can be accessed from various countries of the world. The laws of the Commonwealth of Pennsylvania, without regard to conflicts of law principles of Pennsylvania or any other state, will apply to all matters arising out of or in connection with the Site and your connection to and use of the Site and/or Service.

THESE TOS, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN PENNSYLVANIA BETWEEN PENNSYLVANIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF PENNSYLANIA LAW OR THE LAWS OF ANY OTHER STATE. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. By accessing or using the Site and/or Service, you submit and consent to the exclusive jurisdiction of state and federal courts in Pittsburgh, Pennsylvania with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Site or Service.

Void Where Prohibited

We make no representation or warranty that any material on the Site, Service or any Content is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Site or the Service from a jurisdiction outside the Commonwealth of Pennsylvania you are responsible for compliance with all applicable local laws.

Miscellaneous

If any provision of these TOS is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of these TOS will remain in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these TOS will be effective only if in writing and signed by us. The failure of a party to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. In addition, these TOS and the Privacy Policy, including our enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. These TOS and all related documents are written and shall be interpreted in the English language.

You acknowledge and agree that any breach or threatened breach by you of this TOS may result in immediate and irreparable damage to CloudFab or its licensors or designees for which there is no adequate remedy at law, and in such event CloudFab, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.

Amendment

These TOS may be amended or modified from time to time. We will post changes to this TOS on the CloudFab homepage, and other places we deem appropriate. If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to close your account.

CloudFab has the right to modify, suspend or discontinue the Service or any portion of the Service at any time, including the availability of any area of the Service or the commissions. CloudFab may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.

The Terms of Service posted on this Site was updated on or about March 1, 2010.

Contact Us

If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about our Site, please contact us via email at info@cloudfab.com.

CloudFab Privacy Policy

Welcome to CloudFab, an online marketplace that provides engineers, designers, and hobbyists access to a network of job shops that provide fabrication and prototyping services. The CloudFab site and service ("Service") is owned and operated by GearHeadz, LLC, a Pennsylvania limited liability company, d/b/a CloudFab, referred to throughout this Privacy Policy as "CloudFab", "we", "us", or "our". Any references to "you" or "your" refer to both you and any person on whose behalf you act, if any.

This Privacy Policy tells you about CloudFab's policies and practice for the collection, use and disclosure of information we collect about you through our website and Services, including the website www.cloudfab.com (the "Site"). By using our Site and Services, you agree to the terms of the Privacy Policy and you consent to the processing of information about you as described here.

Information we collect

Information you give to us.

When you register to receive quotations and purchase Services through the Site, we ask you for the following information:

Name and physical shipping, contact and payment addresses
Email address and telephone numbers
Credit card or banking information
Login and password

Information we collect when you use our Site and Services

We may collect information about the way you interact with our Site, Services, and content, including computer, browser and connection information, statistics on page views, traffic to and from our Site, IP address and standard web log information.

Also, you may send us correspondence, testimonials, photos, blog comments, writings, customer satisfaction surveys or customer service communications.

How we use information

Our primary purpose in collecting personal information is fulfilling orders for custom fabrication and prototyping Services that you place through the Site. In addition, we may also use the information we collect to:

provide customer support you request;
resolve disputes, collect fees and troubleshoot problems;
prevent potentially prohibited or illegal activities and enforce our policies;
customize, measure and improve our Site and Services; and
tell you about our Services, Service updates, targeted marketing and promotional offers based on your communication preferences.

How we share information

We share information between our buyers and sellers that allow them to complete a transaction, like name, shipping address, order specifications and other information. We may also disclose personal information to respond to legal requirements (for example, a court order or subpoena) or in the good faith belief that disclosure is legally required, enforce our policies, establish or exercise our legal rights, or protect anyone's rights, property or safety.

We may also share your personal information with:

Service providers under contract who help with our business operations (such as credit card processing, delivery services or bill collection).
Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific Service).
Other business entities, should we plan to merge with or be acquired by that business entity or sell assets. Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.

Cookies and web beacons

When you first use our Site and Services, CloudFab may send a cookie to your computer that identifies you as a unique user. We may use session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to store your preferences, identify you and maintain your signed-in status, and provide you with a more personal and interactive experience. You can set your browser to refuse cookies or delete persistent cookies by following your browser's help instructions. If you choose to disable cookies, some of our Services may not work properly and you may not be able to buy and sell Services. We work with companies who may use cookies and web beacons to collect anonymous information that helps us measure and improve our content effectiveness.

Accessing and changing personal information

You can access and change your account information in Your Stuff. There, you can change your address, telephone number, email address, password, credit card information and communications preferences.

We may communicate with you at various times, with administrative emails or phone calls, about transactions and Service announcements, customer service responses, and promotional emails like special offers, newsletters and updates. You can choose to stop receiving promotional emails at any time simply emailing us at info@cloudfab.com. You may not opt out of receiving administrative messages or customer service responses.

Security

Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are buyers or sellers on our Site or other sites throughout the internet (including the ones we link to), different rules may apply to their use or disclosure of the information you disclose to them. CloudFab does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

Privacy Policy Updates

If we decide to change our privacy policy, we will post those changes on this Site and notify you of material changes with an alert on the Site or a communication to you. Changes take effect immediately after they are posted to the Site. This policy was last updated effective March 1, 2010.

Questions

Should you have any questions or concerns regarding this policy, please contact us at: