Terms and Conditions
Use of Materials on MFG.com Websites
Unless otherwise specified, you may view and download the materials on these Website for your personal, informational, commercial and non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.
You may not modify the materials on this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. MFG.com reserves all rights to its copyrights, trademarks and other intellectual property.
Paid Membership Subscription Agreements (Only)
Services under paid Membership Subscription Agreements ("Agreements") are available to corporations, other business entities and individuals that have signed their acceptance of this Agreement and have provided the information requested on the Membership Subscription Agreement form. These individuals and entities known as "Paid Suppliers", "Paid Buyers" or "Paid Members" represent that they are legally permitted in their jurisdiction to enter into agreements for the purchase of the services offered by the MFG.com website and that they are also legally able to offer goods and services in accordance with those that they may quote on via the MFG.com marketplace.
Memberships are for the purchased number of users only, and may not be shared within an organization. MFG.com reserves all rights as to the granting of a Paid Membership Subscription. Prior to utilizing the MFG.com website, Paid Members are required to complete their Profiles with accurate and current information. Paid Suppliers will not be able to utilize the site to submit quotes until the Profile is complete, as determined by MFG.com..
The term of service is noted on your Paid Membership Agreement form and access to Request or Quotes (RFQs) are limited to those geographies and categories purchased.
Membership fees are non-refundable and cannot be cancelled until the end of their contract expiration date. Membership fees are considered delinquent if those fees are not received on the date of your scheduled payment date. In this instance, MFG.com reserves the right to suspend your service and to bill the balance of your remaining membership obligation. Additionally, MFG.com is entitled to recover any sums expended in connection with the collection of delinquent amounts, including reasonable attorney's fees. Service may be restored once the complete membership obligation has been paid. The contract expiration date will not be extended to cover any time your service was suspended. If the original credit/debit card provided for the purposes of quarterly or yearly billing expires prior to the payment of all obligated installments, you agree to provide a new form of payment prior to the expiration date. In addition, if you change banks while paying for membership services using a debit order or other form of payment, then you agree to provide the necessary information in order to fulfill your payment obligations.
Your Paid Membership Subscription will be closed on the contract expiration date. At any time prior to the end of the initial contract period, you may choose to switch to a monthly membership by checking the “Membership Auto Renewal” flag found under My Profile / Account Information. Checking the “Membership auto renewal” prior to the initial contract expiration date will ensure no disruption in your service. You will be charge monthly, prorated at your original contract price and term.
Customers who have changed their Paid Membership Subscription to a monthly Membership Auto Renewal can cancel their Membership Auto Renewal at any time under My Profile / Account Information. Keep in mind if you cancel your subscription, your subscription will not automatically renew. However, your MFG.com service will continue for the remaining days in your existing (already paid for) subscription term. No further payments will be made once you cancel your Membership Auto Renewal.
MFG.com reserves the right, without the consent of the Paid Member, to assign its rights and obligations under the Paid Subscription Agreement to any MFG.com operating unit.
From time to time, MFG.com contracts with third party vendors to provide “value-added” benefits to its “Paid” Members that choose to participate in such a Program. Members that choose to participate in such benefit programs must (i) accept the Terms and Conditions of the vendor providing the benefits and (ii) remain a Paid Member of MFG.com to receive the benefits.
User Content, Your License to Us and Rules for User Content.
By submitting communications, photos, data, information, reviews/opinions or any other content (“User Content”) to MFG, you are (i) authorizing us to use such User Content (including, where applicable, your name, image and likeness) and (ii) granting us a limited, non-exclusive, royalty-free, sublicensable, irrevocable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such User Content, in any media known now or in the future. You represent and warrant that you have sufficient rights in the User Content to make this grant. You understand and agree that User Content submitted through the Sites is not confidential or proprietary.
MFG provides certain opportunities for you to provide opinions or reviews (“User Commentary”). User Commentary must not violate these Terms and Conditions (especially as set forth below under No Unlawful or Prohibited Use). In addition, you represent and warrant that User Content and User Commentary submitted by you does not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit, pornographic material or violence;
- Contain anything that is discriminatory based on race, color, sex, religion, nationality, disability, sexual orientation, gender identity, marital status or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, or advertising;
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; or
- MFG reserves the sole right to remove any user content for any reason at any time.
MFG does not endorse the accuracy or reliability of any User Commentary, and User Commentary does not reflect the views of MFG. MFG ACCEPTS NO LIABILITY WHATSOEVER FOR USER CONTENT OR USER COMMENTARY.
Termination of your membership does not entitle you to a refund of any pre-paid fees and does not relieve you of any on-going financial obligations due under any Paid Membership Subscription or to fulfill contractual obligations to other members of MFG.com.
Use of Downloadable Software
Any software that may be downloaded from these Website is licensed subject to the terms of the applicable license agreements. Except for rights granted pursuant to such license agreements, MFG.com and its licensors reserve all intellectual property rights, title and interest in such software.
Partner and other Third Party Descriptions
These Website contain information concerning various third parties (often referred to as "partners") who offer products or services compatible with MFG.com products. This information is provided for your convenience only.
MFG.com is not responsible for and does not warrant any third party product or service or the accuracy of any description.
Links to Other Websites
MFG.com provides certain links to other website as a convenience to you.
MFG.com does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such website. MFG.com is not responsible for the content of any site that may be linked to from MFG.com Website.
Disclaimer of Warranty
Information on these Website may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. MFG.com may make changes and/or improvements in the products and/or programs described on its Website at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND MFG.COM, ALL MATERIALS PROVIDED ON ITS WEBSITE ARE PROVIDED AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL MFG.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MFG.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE MFG.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, WHETHER BASED ON CONTRACT,TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MFG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF A PAID SUBSCRIPTION MEMBERSHIP, THEN IN NO EVENT SHALL MFG.COM's TOTAL CUMULATIVE LIABILITY EXCEED THE PAID MEMBERSHIP FEE DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT.
MFG.com does not get involved in Member-to-Member transactions, in the event that you have a dispute with one or more Members, you have agreed to release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the MFG.com Website or such disputes. You waive the provisions of any state, province, or country law limiting or prohibiting a general release.
User Submissions/ Messaging
You are prohibited from posting or transmitting to or from these Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. MFG.com may, but is not obligated to, monitor or review any areas on this Website where users transmit or post communications.
Buyers and Suppliers agree not to communicate via the MFG.com messaging system by using their email address or other form of communication intended to take a transaction or other business that was initiated via the MFG.com sites to other channels outside of the MFG.com sites. The supplier or buyer found to be initiating this type of messaging will be considered in breach of these Terms and further action may be taken by MFG.com.
MFG.com will have no liability for the content of any communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.
Buyers and Suppliers that login and / or use MFG.com website(s) agree that any ratings received due to transactions on MFG.com will be posted on public domain and inside the Marketplace. Buyers and Suppliers agree to release MFG.com of any liability for posted ratings from other buyers or suppliers that use the MFG.com Sites. MFG.com will not remove or modify any ratings except if both the Buyer and Supplier agree in writing and such removal and modification is in the best interest of the MFG.com Marketplace as determined solely by MFG.com.
MFG.com and its administrators and moderators reserve all rights to remove any information deemed off-topic, unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties including any content that violates community standards. MFG.com and its administrators and moderators also reserve all rights to block or otherwise expel any user or member of MFG.com or its Website who is deemed to have violated these terms including IP addresses or ranges of IP addresses at the discretion of MFG.com administrators and moderators. MFG.com may also prohibit users or members from utilizing these Website if these users or members are in certain jurisdictions that are considered state sponsors of terrorism.
By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws of the land where you reside, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to any national or resident including those of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of May 2008 but is subject to change); (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export MFG.com products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses. In addition, you are also agreeing that you will not export any Confidential Information from the United States except in full compliance with all requirements of the International Traffic in Arms Regulations (ITAR), the Export Administration Act and all other applicable laws and regulations. In addition, you will avail yourself of the Government policies and Arms Control laws and regulations of the land where you reside and access this website.
The Website is controlled by MFG.com, Inc. from its offices in Atlanta, Georgia, USA. MFG.com makes no representation that materials at its Website are appropriate or available for use outside of its locations in the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this Website shall be governed by the substantive laws of the State of Georgia, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods. Any dispute arising out of or in connection with the use or access or otherwise related to its Website shall be finally settled by a competent court inthe State of Georgia.
In addition, your use of the MFG.com website represents your agreement that you shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website, and that your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing, unfair competition, antitrust, and false advertising). You also acknowledge that we have an express policy of complying with all applicable laws, including but not limited to antitrust laws, and that the operation of the Website is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Website in violation of any antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities. You are also responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the Website.
Buyers and Suppliers
Buyers including Engineers, Sourcing Professionals and all others registering as Buyers and sourcing on MFG.com represent that they are the owners of the intellectual property placed on the MFG.com Website for sourcing or that they have the full authority to do so including to place drawings on the Website which are then disseminated to the supplier community. MFG.com does not guarantee that quotes will be received by Buyers sourcing RFQs.
Suppliers and all others registering as Suppliers and providing quotes on MFG.com further represent that they will respect the intellectual property of the Buyers including abiding by the confidentiality agreements and non-disclosure agreements specified by Buyers.
Paid Suppliers also agree that they receive membership accounts in their own name or their company's name and that these are single user accounts which may not to be used by multiple persons. Named companies may transfer accounts in the event that an employee originally assigned an account is no-longer in that position due to reassignment or no-longer works for the company. Companies purchasing a multi-user account may utilize their accounts for named users only. Unless both parties otherwise agree, Paid Suppliers are prohibited from increasing prices for supplemental fees for reasons such as the increase of raw materials costs, shipping fees, or increase in the amount of minimum order. Further, Paid Suppliers shall not refuse to deliver any products or components based on these reasons. Any breach of this clause will result in further action being taken by MFG.com as defined in our Rules document with the exception that no trade must take place, but price increases attempted during negotiation of trade will be treated as if the trade actually occurred.
Buyers and Suppliers are responsible for performing their own due diligence on one another prior to soliciting quotes or providing quotes or awarding work and transacting business. This due diligence may take forms not provided by the MFG.com Website.
As an active supplier in the MFG.com marketplace, you are expected to accurately portray in which region / country your parts are made. Misrepresentation of your production location to gain unfair competition within other regions is considered inappropriate behavior and will result in termination of membership and access to the MFG.com platform.
The use of the MFG.com Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications (including but not limited to circumstances such as: acts of sabotage, embargo, war, closing by governmental authorities, strikes, interruptions of telecommunications, floods, lightning, fire, earthquakes, viruses or other electronic impediments, or intentional or accidental errors committed by Users). Users acknowledge that MFG.com is not responsible for any delays, failures or other damage resulting from such limitations and that while every effort is made to provide industry standard uptimes of its, this is not guaranteed and furthermore MFG.com reserves to the right to interrupt service for scheduled or unscheduled maintenance or to fix bugs and errors as they occur.
You shall provide any required notice to us by e-mail to email@example.com (link sends e-mail). We shall provide any notices to you by e-mail to the e-mail address you provided during your registration. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).
When you agree to use any MFG.com services, or send emails to us, you are communicating that you consent to receive communications from us. We will communicate with you by email, fax or by posting notices on this site or through other MFG.com services. You agree that all agreements, notices, disclosures and other communications that we provide to you satisfy any legal requirement that such communications be in writing.
Other General Provisions