Terms of Service:

Last Modified: June 24, 2016

 

Welcome to the website of Thin Metal Parts LLC/Fine Line Imaging (“Thin Metal Parts LLC/Fine Line Imaging”, “we” or “us”), at www.Fineline-Imaging.com.  These Terms of Service, together with any terms or conditions it incorporates by reference, governs your (“you” or “your”) relationship with Thin Metal Parts LLC/Fine Line Imaging and your access to and use of the website at

www.fineline-imaging.com (the “Website”). Access to and use of the Website and any products and services available through the Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). 

 

Please read the Terms of Service carefully before you use the Website.  The Terms of Service may be updated by us from time to time, in our absolute and sole discretion. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

The Website is offered and available to users who are of legal age in the country in which they reside, study, or work.  By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

 

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to the Website or the Services without notice.  We will not be liable if, for any reason, the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts or all of the Website.

 

The Website may contain links to other websites (the "Linked Sites"), which are not operated by Thin Metal Parts LLC/Fine Line Imaging. Thin Metal Parts LLC/Fine Line Imaging has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your access to or use of them.  Your use of the Linked Sites is entirely at your own risk and subject to the terms of use and service contained within each of the Linked Sites.

 

 

Site Access and Privacy Policy: You can access and use most of the Website without registering. There may, now or in the future, be portions of the Website that are accessible only if you register as a member of the Website and/or connect to the Website using your social media account(s).  In doing so, refer to our privacy policy on the Website, available at

www.Fineline-Imaging.com/terms_of_service_and_privacy_policy

which describes whether and how we may use and share your information, and is incorporated into and a part of these Terms of Service.

 

Prohibitions: You may use the Website only for lawful purposes and in accordance with these Terms of Service.  You agree that you will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan horse, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website or the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision would constitute a criminal offense and Thin Metal Parts LLC/Fine Line Imaging will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any of the Linked Sites.

 

Intellectual Property, Software and Content:  The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Thin Metal Parts LLC/Fine Line Imaging, its affiliates, licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All such rights are expressly reserved by Thin Metal Parts LLC/Fine Line Imaging, its affiliates and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Website, whether in whole or part, nor may you use any such content in connection with any business or commercial enterprise.

 

Trademarks:  The Thin Metal Parts LLC/Fine Line Imaging name and trademark  and all other names, logos, product and service names, designs and slogans appearing on the Website are trademarks, service marks, trade names and/or trade dress  of Thin Metal Parts LLC/Fine Line Imaging or its suppliers, affiliates or licensors. You must not use such names, logos, product and service names, designs or slogans without the prior written permission of Thin Metal Parts LLC/Fine Line Imaging and/or the relevant owner.

 

Disclaimer as to ownership of certain intellectual property:  The Website may from time to time display trademarks of third parties that are not affiliated with Thin Metal Parts LLC/Fine Line Imaging. Where another party’s trademark or brand name is referred to, it is used solely to describe or identify the relevant products and services, and is not an assertion that such products or services are endorsed by or connected to Thin Metal Parts LLC/Fine Line Imaging.

 

Linking to the Website:  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Terms of Sale:  By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal or freight carrier delays or force majeure for which we will not be responsible.

 

In order to contract with Thin Metal Parts LLC/Fine Line Imaging you must be of legal age in the country from which you intend to request a quotation or place your order. Thin Metal Parts LLC/Fine Line Imaging retains the right to refuse any request made by you. When placing an order, you represent that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods, or that you are a duly authorized representative of the company or university from which the order will be placed.

 

(a) Our Contract

When you place an order through the Website or by e-mail, you will receive an acknowledgement by e-mail to confirm our receipt of your order. This email will only be an acknowledgement only, and will not necessarily constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

(b) Pricing and Availability

While we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for the goods, you will receive a full refund.

 

(c) Shipping

Shipping costs that we prepay and add to the invoice will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total,' 'Total Cost', 'Total Quote', or 'Total Price'[1] . We can also have the shipping costs billed via the freight carrier to either the recipient or to an authorized third party. For international shipments, any import fees, duties, or taxes, will be collected by the freight carrier upon delivery of the package.

 

(d) Payment by credit card

Upon receiving your credit card order, we may carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Alternatively, we may e-mail you a link that you can use to make your payment online via an encrypted website provided by our merchant services provider. Such payment must be completed before your order can be fulfilled.

 

(e) Payment on credit terms

After receipt of your Purchase Order and upon shipment of your order, we will send you our invoice either by e-mail or by the US Postal Service. Your payment will be due according to the terms shown on the invoice. Shipment and billing will be implemented exactly as shown on the purchase order, unless we are made aware that the buyer whose name appears on the purchase order authorizes a change in writing or by e-mail.

 

(f) Payment by wire transfer

We accept payment by wire transfer. Upon request, details required for such wire transfers may be provided. Orders requiring pre-payment will not be shipped until the transfer of funds into our bank account has been verified.

 

(g) Protection of credit card data

We take the utmost care to protect and secure all confidential data, and we work diligently to maintain compliance with PCI Credit Card Security Standards (as detailed at https://www.pcisecuritystandards.org/). We cannot be held liable for situations in which confidential data is leaked when it is provided to us via insecure channels, such as unencrypted email or unencrypted email attachments. If we receive such data, we will secure it immediately so that it is not redistributed by us in any way.

 

(h) Refunds and Returns

ALL SALES ARE FINAL.  No returns are accepted. No refunds are granted. However, under certain extreme or extenuating circumstances, Thin Metal Parts LLC/Fine Line Imaging may, after inquiry by the purchaser, grant a whole or partial refund and may accept returns and may provide replacement products – if we determine within 10 business days after you receive your product that a manufacturing error was made on our part.  However, Thin Metal Parts LLC/Fine Line Imaging reserves the right to deny any request for return of and/or refund for goods sold.  The granting of refunds and returns shall be at the complete and sole discretion of Thin Metal Parts LLC/Fine Line Imaging.[2] 

 

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THIN METAL PARTS LLC/FINE LINE IMAGING NOR ANY PERSON ASSOCIATED WITH THIN METAL PARTS LLC/FINE LINE IMAGING MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THIN METAL PARTS LLC/FINE LINE IMAGING NOR ANYONE ASSOCIATED WITH THIN METAL PARTS LLC/FINE LINE IMAGING REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THIN METAL PARTS LLC/FINE LINE IMAGING HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL THIN METAL PARTS LLC/FINE LINE IMAGING, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OF THE LINKED SITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

International Use: Although the Website may be accessible worldwide, we make no representation that any or all content on the Website is appropriate or available for use in locations outside the United States, and accessing them from territories where any of the Website content is illegal is prohibited. Those who choose to access the Website from locations outside the U.S. do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with the Website is void where prohibited.

 

Governing Law and Jurisdiction: All matters relating to the Website, the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Colorado, USA without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Services or the Website shall be instituted exclusively in the Federal District Court for the District of Colorado or the courts of the State of Colorado, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state or country of residence or any other relevant territory. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Indemnity: You agree to indemnify, defend and hold Thin Metal Parts LLC/Fine Line Imaging, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from or relating to your use of the Website, the Services or your violation(s) of the Terms of Service.

 

Variation: Thin Metal Parts LLC/Fine Line Imaging shall have the right, in its absolute discretion at any time and without notice, to amend, remove or vary the Services and/or any page of the Website.

 

Invalidity: If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms of Service will not be affected, with all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that most closely resembles the original meaning of the clause/sub-clause as is permitted by law.

 

Complaints:  We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments at plotting@fineline-imaging.com.

 

Waiver:  If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Service. For clarity, knowing, negligent or unknowing waiver of your breach on any one occasion does not waive our rights or remedies on any subsequent occasion(s) of your breach of these Terms of Service.

 

Entire Agreement:  The above Terms of Service and our Privacy Policy constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Thin Metal Parts LLC/Fine Line Imaging with respect to the Website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Manager of Thin Metal Parts LLC/Fine Line Imaging.


Privacy Policy:

Last Updated: June 24, 2016

 

Welcome to Thin Metal Parts LLC/Fine Line Imaging privacy policy (“Privacy Policy”), which applies to the website at www.fineline-imaging.com (the “Website”). This Privacy Policy exists to inform you about the type of information we may collect, how we collect it, with whom we may share it, and other matters related to such information. Thin Metal Parts LLC/Fine Line Imaging LLC/Fine Line Imaging (“we,” “our,” or “us”) operates the Website and your use of the Website is governed in our Terms of Service for the Website, available at www.Fineline-Imaging.com/terms_of_service_and_privacy_policy.

This policy applies to information we collect:

·                     On the Website.

·                     In e-mail, text and other electronic messages between you and the Website and/or any e-mail address located on the Website (e.g., plotting@fineline-imaging.com).

This policy does not apply to information collected by:

·                     us offline or through any other means; or

·                     any third party; or

·                     any third party application or content (including advertising) that may link to or be accessible from or on the Website

Changes to our Privacy Policy

We reserve the right, in our sole and absolute discretion, to modify, alter or otherwise update this policy at any time, and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. Your continued use of the Website constitutes your agreement to this Privacy Policy and any updates as of the date you access the Website. We encourage you to periodically review this Privacy Policy to stay informed about how we use the information we collect through the Website.  We will not use your personally identifiable information in any manner different from what is described in this Privacy Policy, unless we first obtain your consent to do so.

What is Personally Identifiable Information?

When this Privacy Policy uses the term “Personally Identifiable Information” (“PII”), it means information that identifies a particular individual, such as by way of example and not limitation, your name, street address and/or email address.

1.       TYPES OF INFORMATION THAT MAY BE COLLECTED
We may collect the following types of information:

METHODS THAT MAY BE USED TO COLLECT INFORMATION
Information may be collected about you or from you in all parts of and all aspects of the Website, including but not limited to the following:

USE OF THE INFORMATION COLLECTED
We own the aggregate information collected on or through the Website. As applicable, the information you provide to us or is collected on or through the Website may be used to:

SHARING OF THE INFORMATION
At times, as described below, we may share your PII with others for various purposes:

o    Third Party Service Providers. In some cases we may use third party service providers, including, but not limited to, third party payment processors, to perform certain services on our behalf, including, without limitation: (i) processing and fulfilling your orders; (ii) providing customer service; (iii) shipping, sending postal mail and e-mails; (iv) analyzing, updating and correcting information we receive on the Website; (v) performing business analysis, data processing and/or quality control; (vi) providing marketing assistance, search results and links (including, without limitation, paid listings and links); (vii) processing credit card and debit card payments; (viii) hosting our databases; and (ix) providing you with information you requested. Consequently, we may share your PII with these third party service providers if they need it to perform services on our behalf. However, such third party service providers are not authorized by us to use your PII for any other purpose.

DO NOT TRACK SIGNALS AND YOUR CHOICES ABOUT HOW WE SHARE YOUR PERSONALLY IDENTIFIABLE INFORMATION

You have choices regarding the PII you provide to us and how it may be shared.

Disabling Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website or click on the following link: macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.   If you disable or refuse cookies, some parts of the Website may be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your PII with unaffiliated or non-agent third parties for their promotional purposes, you can opt-out by sending us an e-mail stating your request to plotting@fineline-imaging.com.

Do Not Track Signals.  The Website currently does not respond to Do Not Track signals sent by your Internet web browser.

CHILDREN UNDER 13 YEARS OLD; A NOTE TO KIDS AND PARENTS REGARDING PRIVACY
The Website is targeted for use by adults only. We do not knowingly collect any PII from children under the age of thirteen or knowingly target or solicit users under the age of thirteen.  If you are under thirteen years old, please do not submit your name, e-mail address or any other information that could be used to identify you.  If we learn we have collected or received PII from a child under 13 without verification of parental consent, we will delete that information.

ACCESSING AND REVISING PERSONALLY IDENTIFIABLE INFORMATION
Upon request, we will endeavor to provide access to, or  to correct, update or remove the PII you have provided to us. You may request that we do so by emailing us at plotting@fineline-imaging.com, or via mail at: 4733 Centennial Blvd., Colorado Springs, CO 80919.  Please note that we may not accommodate your request to delete or change information if we believe doing so would violate any law or legal requirement, or otherwise cause the information we have collected to be incorrect.


YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of PII to third parties for such third parties’ direct marketing purposes. To make such a request, please send an email to plotting@fineline-imaging.com or write us at: 4733 Centennial Blvd., Colorado Springs, CO 80919.

SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we use appropriate industry-standard procedures to safeguard the confidentiality of your PII. However, in today’s world you should assume that no data transmitted over the Internet, kept in electronic systems or even kept on paper can ever be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your PII or private communications will always remain private.

DATA RETENTION
We generally keep user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it or if we determine it is in our business interests to do so. In addition, information posted in a public forum could stay in the public domain indefinitely.

Requests for information are administered in an orderly manner to the extent feasible where information is within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies and such data is maintained for as long as we reasonably need it.

LINKS TO OTHER WEBSITES
You should be aware that when you are on the Website you could be directed to other websites beyond our control. For example, if you “click” on a link or advertisement, you may be directed to a different website. This includes links from advertisers, sponsors and marketing partners that may use the Website’s logo as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit PII and may or may not have their own published privacy policies. If you visit a website that is linked to the Website, you should consult that website’s privacy policy before providing any PII.

DATA PROCESSING IN THE UNITED STATES

The Website is hosted in the United States of America, and all data collected through the Website is processed and stored in the United States.  If you access the Website from a jurisdiction other than the United States, you agree that you do so on your own initiative, and consent to the processing and storing of your PII in the United States.


QUESTIONS ABOUT THIS PRIVACY POLICY

If you have any questions about this Privacy Policy or the privacy practices of the Website or Thin Metal Parts LLC/Fine Line Imaging, please contact us by email at plotting@fineline-imaging.com or write us at: 4733 Centennial Blvd., Colorado Springs, CO 80919.

 


 [1]Choice of terminology depends on term used by TMP.

 [2]Need TMP input on usual and customary terms of sale. Consider also breaking this section out into a pop-up window that must be click-agreed prior to purchase.