GetShape is a new, web based tool to efficiently design one-of-a-kind components. The application's flexibility can allow the user to create a design that may not be suitable for the intended end use. While the application does provide suggestions and warnings to the user during their design process, by continuing, the user acknowledges it is their full responsibility for ensuring the final design is appropriate for their application. Please refer to the full terms and conditions of use below.
Terms & Conditions
The following provisions state the Terms and Conditions under which you may use the Fairlane GetShape application (hereinafter referred to as “GetShape”), which is operated by Fairlane Products, Inc. (hereinafter referred to as “Fairlane”) which allows registered users (hereinafter referred to as “Customer” or “Customers”) to design and purchase custom, one-of-a-kind components or 3D CAD model downloads (hereinafter referred to as “Components”, “Products” or “Downloads”).
Customer’s access to GetShape is subject to the Terms and Conditions and by accessing or attempting to use GetShape, even without registration, the Customer accepts and agrees to abide by the Terms and Conditions.
Registration by Customer is only required to save or purchase a Product and is not a requirement prior to accessing or attempting to use GetShape, however, if a Customer finalizes the registration process prior to using GetShape, by clicking “I accept the Terms and Conditions” or the registration process is completed by a Customer clicking “I accept the Terms and Conditions” prior to ordering or saving a Product, a legally binding agreement between the Customer and Fairlane is formed that allows the Customer to order and save Product through GetShape.
The Customer can access an account by means of an email address and password that is entered during the registration process (hereinafter referred to as “Customer Account”). By accessing the Customer Account, the Customer accepts and agrees to abide by the Terms and Conditions.
Registration is open to anyone over the age of 18 having suitable capacity to enter into a legally binding contract.
If registration is being made on behalf of your employer or as a consultant or agent of a third party (collectively, hereinafter referred to as “Your Company”), you are acting as a representative of Your Company and warrant that you have the authority to act on behalf of and bind Your Company to the Terms and Conditions.
Fairlane reserves the right to make changes to these Terms and Conditions, as well as, modify change or discontinue any part or all of GetShape and/or related services at any time.
Every time an order is placed in GetShape, the Customer will be asked to agree to the current “Terms and Conditions”. The Customer’s continued use of GetShape after any changes of these Terms and Conditions shall however be deemed to be express acceptance of or acceptance by conduct of any such changes of these Terms and Conditions.
The most current version of these Terms and Conditions can be found at www.GetShape.com
Purpose and Use
GetShape is a tool developed for Customer’s to use at no cost to support the design and ordering one-of-a-kind Products or Downloads from Fairlane. The contents of GetShape, including all information, graphics, images, hyperlinks, illustrations, icons, designs, photographs, products, documents, software, services and other written material may contain information on design and manufacturing related topics and such information is for general guidance purposes only. It is ultimately up to the Customer to determine which design choices to make including but not limited to material selection and if the form, fit and function of the design is appropriate for the Customer’s application. It is the sole responsibility of the Customer to ensure that the specific Product design is accurate and in compliance with any applicable laws.
Any information contained in GetShape may not be current and may be superseded by more recent information published by Fairlane.
Obligations of the Customer
Customer is responsible for maintaining the confidentiality of the Customer’s account log in information and password. All uses of GetShape under the Customer’s account, whether or not authorized by the Customer, are the responsibility of the Customer.
If the Customer believes the confidentiality of the login information or password has become compromised, the Customer must notify Fairlane immediately. Fairlane will use reasonable endeavors to provide alternate login information and password, although Fairlane reserves the right to restrict or terminate the Customer’s use of GetShape at Fairlane’s discretion.
The Customer agrees to act lawfully and honestly at all times when accessing GetShape. Customer agrees to comply with all laws and regulations applicable to the use of GetShape. All submitted information at the time of registration and through the use of GetShape thereafter, must be true and accurate.
Customer agrees not to use GetShape to publish, upload, post, email, transmit or otherwise make available any content, in particular any Customer’s design, that (a) you do not have the right to make available; (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party; (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise; or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property; defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity; interfere with or disrupt GetShape’s servers, or networks which support GetShape, or disobey any requirements, procedures, policies or regulations of networks connected to GetShape; violate any applicable local, state, national or international law and any regulations; harvest, collect, or store personal information or data of other users .
Use of GetShape Materials
Except as stated herein, none of the GetShape materials and content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Fairlane or the Third Party Provider. No part of GetShape, including logos, graphics, sounds, images, layout or design may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Fairlane. The Customer also may not, without Fairlane's prior express written permission, "mirror" any GetShape materials on any other server. Any use of these GetShape materials and content on any other website or networked computer environment for any purpose is prohibited.
Any unauthorized use of any GetShape materials may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.
Customer acknowledges and agrees that Fairlane owns all the intellectual property rights in and relating to GetShape and the GetShape materials. The use of GetShape grants the Customer no rights in relation to Fairlane’s or Fairlane’s Third Party Providers’ intellectual property rights.
Use of Customer design, Exlusion of Liability
By purchasing a Product designed using GetShape, the Customer grants Fairlane and Fairlane’s Third Party Providers a perpetual, irrevocable, non-exclusive, world-wide, fully-paid up and royalty free license to use such Product design without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to the Customer or any third party for the purpose of manufacturing the Product ordered by the Customer. This Customer license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works and alter the Customer’s design for the purpose of manufacturing the Product ordered by the Customer. The Customer represents and warrants to Fairlane that the Customer has the right, title, and/or authority to grant such Customer license to Fairlane.
Nothing in these Terms and Conditions shall prohibit you from selling or licensing your Product produced with GetShape to any other party under a separate agreement.
The Customer is solely responsible for the technical and functional capability and applicability of the Product designed by the Customer in GetShape. Fairlane will not perform any technical and functional testing and checking of the Product designed by the Customer in GetShape and Fairlane, therefore does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of the Product designed by the Customer in GetShape. Fairlane will not be liable or responsible in any way for any of a Product designed by a Customer including, but not limited to, any errors or omissions in the design, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Product design produced using GetShape.
Service availability of GetShape
Fairlane provides reasonable efforts to ensure that GetShape functions properly and in a timely manner. However, Fairlane does not guarantee or warrant the availability of GetShape. Fairlane frequently updates GetShape and GetShape may be temporarily unavailable for scheduled or unscheduled maintenance by Fairlane or Fairlane’s third party providers, or for other causes beyond Fairlane’s reasonable control.
Delivery of Products
All deliveries of Products to Customers are subject and governed by our current Supply Terms and Conditions. Whenever there is a conflict between the terms in these Terms and Conditions and the Supply Terms and Conditions, the terms of these Terms and Conditions shall control.
The Supply Terms and Conditions shall apply exclusively. Diverging, contrary or supplementary general terms and conditions of the Customer shall only become an integral part of the respective supply agreement, if and to the extent that Fairlane explicitly consents to their application in writing. This requirement of consent shall apply in any case, for instance even if Fairlane starts to perform without reservation while being aware of the general terms and conditions of the Customer.
Warrenties or Liability
Fairlane does not warrant that GetShape will be uninterrupted or error free. Fairlane makes no warranty as to the results that may be obtained from use of GetShape. GetShape is being provided to the Customer without any specific warranty. To the fullest extent allowable by law, Fairlane does not guarantee or warrant any features or qualities of GetShape or give any undertaking with regard to any other quality.
Fairlane shall only be liable for intent and gross negligence. Further claims for damages and compensation of expenditure of the Customer, including but not limited to the breach of duties under these Terms and Conditions, regardless of the legal grounds, are excluded. Fairlane shall be liable for defects in quality or legal defects of GetShape only if Fairlane has fraudulently concealed this defect in quality or legal defect. Any further liability or statutory guarantee for GetShape being free of defects in quality and legal defects is excluded.
GetShape may contain links to external websites and information provided on such external websites by Fairlane partners, Third Party Providers or other third parties. Fairlane shall not be responsible for the contents of any linked website, or any changes or updates to such websites.
GetShape and Fairlane Products make no representations about suitability of the information contained in the materials or related graphics published as part of this website for any purpose. All such information, graphics and the like are provided “as is” without warranty of any kind. GetShape and Fairlane hereby disclaim any and all warranties and conditions with regard to the products manufactured and the design file submitted to you. This includes without limitations, warranties of merchant ability, express or implied or statutory fitness for a particular purpose, title and non-infringement. In no event shall GetShape or Fairlane be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from the use, data, or profits whether in an action of contract, negligence or other tortious action arising out of or connection with use of this website and the intended products.
In addition and without limitation, the liability for any cause of action against Fairlane and/or GetShape is limited to the cost of the products or services provided and any action against GetShape pursuant to the terms of this Agreement or the products provided must be brought within one (1) year of the date of delivery.
Customer agrees to reimburse, defend, indemnify and hold Fairlane, its present and future affiliates, employees, agents and successors and assigns harmless from, against and in respect of, any and all losses resulting from, or arising from your use of GetShape and the GetShape materials or the Customer’s breach of these Terms and Conditions.
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Confidentiality and Security on the Internet, Privacy
Fairlane has taken measures it believes are appropriate to ensure the security and confidentiality of user provided information, however, the internet is not a fully secure medium. Use of the internet is solely at your own risk.
Customer understands that Fairlane will collect, use and store your personal information including but not limited to your name, email address, telephone number, postal address and other information. Such data may be shared with Third Party Providers. All information will be treated confidential and in compliance with all Federal laws and regulations.
Customer agrees that Fairlane may disclose your personal information if required to do so by law or to comply with legal process, respond to claims of intellectual property rights by third parties, or to protect the rights, property or personal safety of Fairlane, other GetShape customers, and the public.
Customer may terminate the customer account at any time by sending termination notice via email to [email protected] The termination will become effective within 14 business days after the receipt of the termination notice
Fairlane may terminate your account and access without notice, at any time if you breach the Terms and Conditions or customer is suspected of unlawful activity.
Fairlane will not notify any third parties of termination and will not be responsible for any damages that may result or arise out of termination. Fairlane shall not be liable to customers because of such termination for compensation, reimbursement or damages on account of loss of profits, goodwill or commitments made by or on behalf of customer, or for any reason flowing from such termination.
Applicable Law, Venue
Fairlane is based and GetShape was created in the United States, therefore, the laws of the United States will govern these Terms and Conditions.
Jurisdiction shall be governed by State of Michigan in the United States.
Any cause of action pursuant to this by agreement must be brought in the Courts in Macomb County Michigan.
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