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General
Welcome to the Conco Machining website (the “Site”). These Terms of Use (the “Terms”) create a legal agreement between you (“You”) and Conco Machining.
Conco Machining is comprised of different legal entities including 3D Hubs, Inc., 3D Hubs Manufacturing LLC, and 3D Hubs B.V. These Terms are issued on behalf of each of these companies and their affiliates, so when we mention “Conco Machining,” “we”, “us” or “our” in these Terms, we are referring to the relevant Conco Machining group entity.
The Site is a copyrighted work belonging to Conco Machining. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. Without limitation to the preceding sentence, Your submission of information, including personal information, through or in connection with the Site is governed by the terms of our privacy policy as updated from time to time (“Privacy Policy”) [link to Privacy Policy]. All additional terms, guidelines, and rules, including our Privacy Policy, and our Terms and Conditions of Sale, are incorporated by reference into these Terms. Unless otherwise defined in these Terms, terms used here starting with a capital letter shall have the same meaning as in our Terms and Conditions of Sale. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLY TO ALL INFORMATION, RECOMMENDATIONS, AND/OR SERVICES PROVIDED TO YOU ON OR THROUGH THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD OR OVER THE LEGAL AGE REQUIRED TO ENTER INTO A VALID CONTRACT UNDER THE LAW APPLICABLE TO YOU. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE. Our Site, apps, products, and services are designed for businesses and their representatives. We do not target consumers – individuals who seek to use our products and services for their personal or household purposes.
2.1 Certain Restrictions. The rights granted to You in these Terms are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, reformat or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) You shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
2.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
2.3 No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide You with any support or maintenance in connection with the Site.
2.4 Ownership. Excluding any User Content (defined below) that You may provide, You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by us or our suppliers. Neither these Terms (nor Your access to the Site) transfers to You or any third party any rights, title, or interest in or to such intellectual property rights. We reserve all rights not granted in these Terms. There are no licenses granted under these Terms, whether implied, express, or by implication or estoppel.
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile, content or data communicated to Conco machining in voice, email, text, or via other messaging and/or uploads including data, 3D CAD data, and 2D technical drawings). You are solely responsible for Your User Content. You assume all risks associated with the use of Your User Content, including any reliance on its accuracy, completeness, or fit for purpose, or any disclosure of Your User Content by You that personally identifies You or any third party. You hereby represent and warrant that Your User Content does not violate our Acceptable Use Policy (as described herein). Because You alone are responsible for Your User Content, You may expose Yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content, and Your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining Your own backup copies of Your User Content if You desire.
3.2 License. By providing User Content to Conco Machining, You grant Conco machining a non-exclusive, royalty-free, fully paid up, worldwide, transferable, and sub-licensable right and license to use, copy, modify, reproduce, distribute and display the data (including 3D CAD Data and 2D technical drawings), documentation, drawings and specifications in Your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of (1) providing the Site and all information, recommendations and/or services provided to You on or through our Site and (2) to improve our products and services. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content.
3.3 Your representations. By creating an account on the Site, You authorize Hubs to use Your trademarks, logos, names or signs for marketing purposes. This means that Hubs may mention You as a customer of Hubs on our Site and in other promotional materials such as advertising, press releases, interviews, promotional materials, or presentations. We will not use Your name if You are a natural person, and the substantive content provided by You continues to be governed by the confidentiality clauses in these Terms.
(a) You represent and warrant that You are authorized to use the Site and that You have the authority to conclude legally binding agreements. The Information offered by Conco machining on the Site is only available to individuals who are 18 years or older and who can form legally binding contracts under applicable law.
(b) You represent and warrant that all information You submit to the Site is accurate and truthful and that You have the full right and authority to provide us with all User Content, documentation, drawings, and specifications, and You are authorized to grant the license referred to in Section 3.
(c) You also represent and warrant that You will use any User Content and resulting Parts in strict accordance with all applicable laws and requirements.
(d) You agree warrant that You will not use the Site or our services to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems, servers, hardware or networks connected to or used together with the Site, or other users or any other third party;), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site, including launching or using any automated means or process, such as “spiders”, “robots”, “load testers” etc., for retrieving or sending more communication than a natural person could reasonably produce or to create users accounts; or (vii) threaten or harass any person or entity.
(e) You also represent and warrant that You will use our Site, any User Content, and resulting Parts in strict accordance with our Acceptable Use Policy.
4.1 The Site and our services are for general information purposes only and do not constitute advice.
4.2
1. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, CONCO MACHINING (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF MALWARE AND VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF MANDATORY LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
5.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, IN NO EVENT SHALL CONCO MANCHINING (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOST PROFITS, LOST DATA, LOST INCOME, LOSS OR DAMAGE TO PROPERTY, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT OR INDIRECT, COMPENSPATORY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE (I) TERMS; (II) YOUR USE OF, OR INABILITY TO USE, THE SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION OR THE SITE; (III) YOUR USE OF, OR INABILITY TO USE, ELECTORNIC MEANS OF COMMUNICATION WITH THIS SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES; (IV) OR CLAIMS OF THIRD-PARTIES; IN EACH CASE WHETHER IN AN ACTION OF CONTRACT OR TORTIOUS ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNT PAID BY YOU TO US UNDER THE ORDER UNDER WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
5.3. THE EXCLUSIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUT CONCO MANCHINING DOES NOT EXCLUDE ANY LIABILITY THAT MAY NOT BE EXCLUDED BY LAW.
6.1. Subject to this Section, these Terms will remain in full force and effect while You use the Site. We may suspend or terminate Your rights to use the Site (including Your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Site will terminate immediately. You understand that any termination of Your Account may involve the deletion of Your User Content associated with Your Account from our live databases. Conco Machining will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your Account or deletion of Your User Content. Even after Your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 9.
6.2. Miscellaneous Changes. These Terms are subject to occasional revision. If we make any substantial changes, we may notify You by sending You an e-mail to the last e-mail address You provided to us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with Your most current e-mail address. In the event that the last e-mail address that You have provided us is not valid, or for any reason is not capable of delivering to v the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate Your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. If You are not a new user and/or do not use our Site for thirty (30) calendar days following our dispatch of an e-mail notice to You (if applicable) or thirty (30) calendar days following our posting of the changes on our Site (if applicable), then the expirations of the thirty (30) days will indicate Your acknowledgment of such changes.
6.3.Disclosures. We are located at the addresses listed in these Terms.
6.4. Electronic Communications. The communications between You and us use electronic means, whether You use the Site or send us emails, or whether Conco Manchining posts notices on the Site or communicates with You via email. For contractual purposes, You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
6.5. Entire Agreement. These Terms, together with the Terms and Conditions of Sale (if You place an Order) and Privacy Policy, constitute the entire agreement between You and us regarding the use of the Site and/or any Orders.
6.6. Waiver. A waiver by us of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of ours, and shall apply only to the circumstances for which it is given. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.
6.7. Headings and Interpretation. The Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
6.8. Consumer Prohibition. If contrary to the General Section of these Terms, these Terms are used in a situation in which You are a consumer and not a professional customer, some terms and conditions will not apply to You. In this case, these Terms are applicable to the extent permitted by applicable consumer law; Your rights under these laws are not affected or limited by these Terms. Because Your Orders are made to order, no right (statutory or otherwise) of withdrawal or cancellation applies.
6.9. Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it most closely matches the original provision and is valid and enforceable to the maximum extent permitted by law. The remaining provisions shall be enforced.
6.10. Assignment. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Conco Machining may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
6.11. Non-exclusivity. The contractual relationship is non-exclusive. Each party is free to contract with other third parties subject to its obligations under these Terms. You agree that nothing (including using our Site, or Conco Machining to review Your files and/or quote) will preclude us from manufacturing other parts or working with other companies, whether or not those companies or parts are substantially similar to, or competitive with, Your files, Parts or Order and/or the services that we provide to You.
6.12. Governing Law and Exclusive Forum. The laws of the State of Delaware will apply if You access the Site in the US, and the laws of the Netherlands will apply if You access the Site outside the US, to any disputes arising out of or relating to these Terms, without regard to conflict of laws principles. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Unless provided otherwise by operation of applicable mandatory law, any dispute, claim, cause of action, or proceeding arising out of, or in connection with, these Terms, the relationship between Conco Machining and You, Your use of the Site or our services, on any basis whatsoever, shall be brought in the state or federal courts located in New Castle County, Delaware, if You access the Site in the US, or in Amsterdam, The Netherlands, if You access the Site outside the US, and You and Conco Machining shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.
6.13. Copyright/Trademark Information. Copyright © 2020 Conco Machining. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
6.14. Contact Information. If You wish to contact us in writing, or if these Terms require You to give notice to us in writing, please contact us at:
+86-136-7067-3787
willion@concomachining.com
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