This Terms of Service Agreement (i.e. "Terms" or "Agreement") is a legally binding agreement made between you, whether personally or on behalf of an entity (i.e. "user", “you” or “your”) and www.FindanEMS.com, (i.e. "FindanEMS", "company", “we,” “us,” or “our”), regarding how you use and access our website as well as services provided through our website; mobile app; or social media sites (i.e. collectively "website"). By or having accessed our website, you acknowledge that you have read and agree to these Terms. NOTICE: If you are under the age of eighteen, or do not agree with these Terms, then you may not use or access our website.
FindanEMS has developed a propriety website and database giving Original Equipment Manufacturers (i.e. OEMs) and Electronics Manufacturing Servicers (i.e. EMS) a platform to research, find, and engage professional EMS for a reasonable fee. For purposes of these Terms, a “OEM” means any individual, whether acting on behalf of themselves or on behalf of an entity who is an Original Equipment Manufacturer; and a “EMS” is any individual, whether acting on behalf of themselves or on behalf of an entity, who is an Electronics Manufacturing Services. OEMs and EMS may be collectively referred to as “users” throughout these Terms.
The services our company provides to users includes but are not limited to, supplying a platform for:
Content and information provided on our website is for informational purposes only and is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws, rules, or regulations; or which would subject FindanEMS to any registration requirement within such jurisdiction or country. Persons who choose to access our website from other locations do so on their own volition and are solely responsible for compliance with local laws, rules, and regulations, if and to the extent such are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, FindanEMS database, website, and software, is our proprietary property. All software, website designs, source code, database(s), functionality, audio, video, text, photographs and graphics on the Site (collectively “Content”) as well as trademarks, service marks and logos contained within the website (i.e. “Marks”) are owned, held, controlled or licensed to FindanEMS and are protected by copyright and trademark laws as well as various other intellectual property rights and unfair competition laws of the United States of America, foreign jurisdictions, and international conventions.
Provided "as is". The Content and the Marks are provided "as is" via our website for your information and personal use only. Except as expressly provided herein, no part of our website; marks; or content; may be copied, reproduced, duplicated, republished, uploaded, publicly displayed, encoded, translated, transmitted, exported, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent.
License. FindanEMS grants all users a limited, non-exclusive, royalty free license to access and use our website and its' content provided usage is non-commercial in nature. Any rights not granted by us are expressly reserved by FindanEMS.
USAGE AND ACCESS
Accounts. Although users can access and view our website, you will be required to register and create an account in order to use the full functionality of FindanEMS.com. Users agree to keep their login information confidential at all times and will be held responsible for usage and login of their account. FindanEMS reserves the right to remove, delete, or change a username we determine in our sole discretion that the username is inappropriate, obscene, or otherwise objectionable to FindanEMS or our users.
Changes to website terms. Supplemental terms and conditions or documents may be posted on our website from time to time which are expressly incorporated herein by reference. FindanEMS reserves the right at our sole discretion, to make changes to these Terms at any time and for any reason. Users and visitors will be alerted to any changes via notice or change uploaded to our website and/or Terms of Agreement. It is the user's responsibility to periodically review these Terms to stay informed of updates. The user's continued usage of our website is their acknowledgement to these changes.
Users are permitted to register either as an OEM or an EMS. When an OEM posts a specific project to our searchable listings, it allows an EMS user to view project details, but in order to contact the OEM regarding the project, the EMS must pay a usage and access fee to FindanEMS. Fees vary by each project submitted or posted by the OEM.
Users are required to register and establish an account with FindanEMS. All payments are processed thorough PayPal, therefore each user much provide their correct PayPal account information; or use a legitimate debit or credit card; to remit payment for access fees in order to prevent delays in services.
Upon submitting your credit/debit card; or PayPal information, you authorize us to charge such accounts for the usage fees owed as applicable.
Refunds. In the event there is a technical problem preventing the user from accessing OEM or EMS information after payment of the usage fee; or a user has not provided correct contact information; FindanEMS will either: (i) issue a refund; (ii) make the information/data available to the user; or (iii) issue a usage fee credit to the user.
Billing Disputes. If the user discovers there is a problem or discrepancy with the fees charged on their account, they have thirty (30) days from the date of the event to contact FindanEMS at: Info@findanems.com.
Users warrant and agree to be personally and legally responsible for any and all balances due and owing on their account, and in the event of termination agree to remit the full balance of any debt or balance due and owing on account to FindanEMS.com.
You acknowledge and agree that we may provide information to a third party in response to valid legal process including, without limitation, subpoenas, search warrants, or court orders, or to establish our legal rights or defend against legal claims. We will not be liable for any use or disclosure of such information by such third parties.
You also acknowledge and agree that any credit card or related billing information that you provide to us may be shared by us with companies that work on our behalf, such as payment processors, solely for the carrying out payment to us, or servicing your account.
We reserve the right to change or modify our pricing schedule at any time and for any reason with thirty (30) days’ notice to you. Notices will be uploaded to our Terms of Service along with its' effective date.
Users that access, use, and register on the FindanEMS.com platform represent and warrant that:
If users provide any information that is untrue, inaccurate, false, or incomplete, FindanEMS reserves the right to protect their company; website; and customers; and will proactively suspend or terminate a user's account; and/or refuse any and all current or future use of our platform or any part thereof by any user
User's may not access or use our website or platform for any purpose other than that for which it is intended, nor may our website or platform be used in connection with any commercial endeavors except for which is expressly permitted by our company in writing.
Users warrant and agree not to:
FindanEMS allows OEMs to post projects and jobs which are uploaded to our website. This is called a user Submission. (i.e. "Submission"). OEMs can upload text; pictures; and other data which can be researched and viewed by EMS users. EMS users can view project details, but in order to contact the OEM regarding any project they must pay an access fee to FindanEMS.com to access the OEM's contact information. The fee varies by each project posted by the OEM.
Since projects are viewable by other users of our website and possibly through third-party websites, Submissions are not considered "confidential" or private at any time. Therefore, users represent and warrant that:
Any usage of our website or platform in violation of the foregoing provision constitutes a violation of these Terms and may result in the termination or suspension of your rights to use or access our website.
FindanEMS DMCA POLICY
If a user finds or believes that another user, OEM, or EMS has committed a copyright violation, they are directed to notify our Copyright Agent immediately of such violation using the following procedures:
Claims. The claimant must send a written claim to our Copyright Agent via their email address at:
In the email you must:
Authorization. If the claimant is not the original owner of the work or material, then he/she will also need to provide our company with a signed statement that says the claimant is authorized to represent the original owner of the copyrighted material, along with the original owner's contact information.
Investigation. As soon as our Copyright Agent receives a signed claim, our company will immediately:
False Claims. If our Copyright Agent discovers that the alleged violator has not committed a copyright infringement, we will immediately release any disputed material back to its' owner and unfreeze their account. If it is discovered that the claimant has filed a false copyright infringement claim, then they agree to be personally and financially liable for all costs or damages our company incurs as a result of the investigation, including but not limited to attorney's fees, legal fees, and expenses.
Users who upload submissions to our website, grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, disclose, sell, publish, broadcast, retitle, store, cache, publicly display, reformat, transmit, and distribute any Submission (including, without limitation images, voice, and video recordings) for any purpose or legitimate business usage. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of the user's name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
FindanEMS does not assert any ownership over any user Submission. Users retain full ownership of all Submissions and any intellectual property rights or other proprietary rights associated with a Submission. Users understand and agree that we are not liable for any statements or representations made in a user Submission. Users are solely responsible for Submissions and Content transmitted to and from our website, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding any user Submission.
All users must comply with our DMCA policies and procedures. Users understand and agree that we have the right at our sole discretion to delete, redact, or modify any Submission that may violate any of our policies or agreements and that we have no legal obligation or duty to conduct background checks on users; verify the identity of users; or monitor Submissions or communications made by users of our platform.
ADDITIONAL TERMS FOR USERS
Notwithstanding any and all other provisions provided under these Terms, anyone who our platform is also subject to the following rules and guidelines:
TERM AND TERMINATION
These Terms shall remain in full force and effect during usage of our website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF OUR WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN TEHSE TERMS OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMAITON THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief.
WEBSITE MODIFICATIONS, INTERRUPTIONS, AND CORRECTIONS
We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our website. We also reserve the right to modify or discontinue all or part of the website without notice at any time. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the website.
We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the website at any time or for any reason with or without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the website during any downtime or discontinuance of the website. Nothing in these Terms will be construed to obligate us to maintain and support the website or to supply any corrections, updates, or releases in connection therewith.
There may be information on our website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
These Terms and your use of the website are governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law principles. Each of the parties to these Terms irrevocably agrees that the courts of the State of California shall have exclusive jurisdiction to hear and decide any claim, action, suit, or proceeding, and/or settle any dispute, which may arise out of or in connection with these Terms or its formation or validity.
Any dispute arising in connection with these Terms shall be settled in a professional and businesslike manner. In the event a dispute cannot be resolved, the dispute shall be subject to Alternate Dispute Resolution such as arbitration or mediation, with all claims submitted to a qualified, professional arbitrator or mediator located in San Jose, California, United States of America. The claimant shall be responsible for all fees and costs for filing a claim and agrees to serve the non-claimant with a thirty-day Notice of Intent prior to filing a claim. The prevailing party shall be entitled to reimbursement of legal fees and costs. Absent ADR, all disputes shall be subject to the courts located within San Jose, California, U.S.A.
THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABLITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO ANY USE OF THE WEBSITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER LINKS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPER-LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective owners, officers, agents, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) any user Submission; (2) your usage of the FindanEMS website; (3) breach of these Terms our policies or guidelines; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of our website with whom you connected. Not withstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
When you visit our website; send us an email; or complete an online form; you are giving us your consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms and conditions regarding our website, our policies and guidelines, constitute the entire agreement and understanding between you and FindanEMS.com. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of our rights. These Terms operate the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time with or without notice to you. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or your usage of our website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
If you have a question or comment regarding our website or service, you can contact us at:
Info@Findanems.com or call our Customer Service Department at: (650) 395- 8263