Legal
MEMBERSHIP IS RESTRICTED
101MFG Members must meet the following criteria:
1. A manufacturing business in good standing domiciled in the State of California;
2. Payment of Annual Member Dues;
3. Usage of this 101MFG website in strict accordance with the Terms of Service.
PLEASE NOTE! Membership is for California manufacturers ONLY. Deliberately falsifying information or attempting to register as a "member" when your firm does not maintain a facility and manufacturing process within California will result in immediate loss of sign-in privileges and FORFEIT of Membership Fee!
PRIVACY POLICY
101MFG takes privacy seriously.
How 101MFG Uses Company Information
This policy covers how 101MFG treats company information that 101MFG collects and receives, including information related to your past use of 101MFG products and services. Company information is what is available to the public already through commercial or printed sources, plus information that you publish in your "Company Profile".
INFORMATION COLLECTION AND USE
101MFG collects company information when you register as a Member, when you use 101MFG products or services, or when you visit 101MFG pages. 101MFG may combine information about your company that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, ZIP code, occupation, industry, and address. When you register with 101MFG and sign in to our services, you are not intended to be anonymous to us.
101MFG automatically receives and records information from your computer and browser, including your IP address, "cookie", software and hardware attributes, and the page you request.
101MFG uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting so that we may improve the value of our network of information.
INFORMATION SHARING AND DISCLOSURE
101MFG does not rent, sell, or share company information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
•We provide anonymous information to trusted partners who work on behalf of or with 101MFG under confidentiality agreements. These companies may use your company information to help 101MFG develop valuable services for the benefit of member manufacturers.
•We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
•We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of 101MFG's terms of use, or as otherwise required by law.
•101MFG does not provide any company information to an advertiser when you interact with or view an online advertisement. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
COOKIES
101MFG may set and access 101MFG cookies on your computer for the purpose of improving the ease-of-use of our network.
CONFIDENTIALITY AND SECURITY
We limit access to company information that you have posted and give you the ability to change what is viewable by other Members through your Company Profile. This information may also be viewable by our Technical Contractors who from time to time maintain our website--however they are expressly forbidden to reuse this data in any way.
101MFG TERMS OF SERVICE
ACCEPTANCE OF TERMS
101MFG provides the 101MFG Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the 101MFG Services, you accept and agree to be bound by the terms and provision of the TOS.
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DESCRIPTION OF 101MFG SERVICES
101MFG provides users with access to information about your company that is either (a) already available to the public, or (b) posted by you in your Company Profile.
You understand that the technical processing and transmission of the 101MFG Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices such as smart phones.
YOUR REGISTRATION AND MEMBER OBLIGATIONS
In consideration of your use of the 101MFG Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the 101MFG Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the 101MFG Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 101MFG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 101MFG has the right to suspend or terminate your account and refuse any and all current or future use of the 101MFG Services (or any portion thereof).
101MFG'S PROPRIETARY RIGHTS
You acknowledge and agree that the 101MFG Services and any necessary software used in connection with the 101MFG Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained or information presented to you through the 101MFG Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE 101MFG SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE 101MFG SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 101MFG AND ITS OFFICERS, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
101MFG AND ITS OFFICERS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE 101MFG SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE 101MFG SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 101MFG SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE 101MFG SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 101MFG SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 101MFG OR THROUGH OR FROM THE 101MFG SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 101MFG AND ITS OFFICERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 101MFG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE 101MFG SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE 101MFG SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE 101MFG SERVICE.
SPECIAL ADMONITION FOR 101MFG SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the 101MFG Services concerning companies, stock quotes, investments or securities, please read the above Sections again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The 101MFG Services is provided for informational purposes only, and no Content included in the 101MFG Services is intended for trading or investing purposes. 101MFG and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the 101MFG Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that there shall be no third-party beneficiaries to this agreement.
NOTICE
101MFG may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the 101MFG Services, or other reasonable means.
TRADEMARK INFORMATION
You agree that all of 101MFG’s trademarks, trade names, service marks and other 101MFG logos and brand features, and product and service names are trademarks and the property of 101MFG Inc. (the "101MFG Marks"). Without 101MFG's prior permission, you agree not to display or use in any manner the 101MFG Marks.
101MFG PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the 101MFG Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 101MFG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 101MFG cannot and will not be liable for any loss or damage arising from your failure to comply.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not 101MFG, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the 101MFG Services. 101MFG does not control the Content posted via the 101MFG Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the 101MFG Services, you may be exposed to Content that is objectionable. Under no circumstances will 101MFG be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the 101MFG Services.
You agree to not use the 101MFG Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a 101MFG official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the 101MFG Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the 101MFG Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the 101MFG Services or servers or networks connected to the 101MFG Services, or disobey any requirements, procedures, policies or regulations of networks connected to the 101MFG Services, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that 101MFG may or may not pre-screen Content, but that 101MFG and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the 101MFG Services.
Without limiting the foregoing, 101MFG and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 101MFG or submitted to 101MFG, including without limitation information in 101MFG Message Boards and in all other parts of the 101MFG Services.
You acknowledge, consent and agree that 101MFG may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of 101MFG, its users and the public.
You understand that the 101MFG Services and software embodied within the 101MFG Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by 101MFG and/or content providers who provide content to the 101MFG Services. You may not attempt to override or circumvent any of the usage rules embedded into the 101MFG Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the 101MFG Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON 101MFG NETWORK
When you register with 101MFG, you acknowledge that in using the 101MFG Services to send electronic communications (including but not limited to email, search queries, sending messages to 101MFG Chat or 101MFG Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through 101MFG's computer networks, portions of which are located in California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of 101MFG's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the 101MFG Services and transfer, posting and uploading of software, technology, and other technical data via the 101MFG Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the 101MFG Services to parties identified on such lists; (b) agree not to use the 101MFG Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the 101MFG Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE 101MFG SERVICES
101MFG does not claim ownership of Content you submit or make available for inclusion on the 101MFG Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the 101MFG Services, you grant 101MFG the following worldwide, royalty-free and non-exclusive license(s), as applicable:
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With respect to Content you submit or make available for inclusion on publicly accessible areas of 101MFG Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the 101MFG Services solely for the purposes of providing and promoting the specific 101MFG Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the 101MFG Services and will terminate at the time you remove or 101MFG removes such Content from the 101MFG Services.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the 101MFG Services other than 101MFG Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the 101MFG Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the 101MFG Services and will terminate at the time you remove or 101MFG removes such Content from the 101MFG Services.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the 101MFG Services other than 101MFG Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the 101MFG Services are those areas of the 101MFG network of properties that are intended by 101MFG to be available to the general public. By way of example, publicly accessible areas of the 101MFG Services would include 101MFG web pages that are open to both members and visitors.
However, publicly accessible areas of the 101MFG Services also includes portions of 101MFG Groups that are limited to members.
CONTRIBUTIONS TO 101MFG
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to 101MFG through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) 101MFG is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) 101MFG shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) 101MFG may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of 101MFG without any obligation of 101MFG to you; and (f) you are not entitled to any compensation or reimbursement of any kind from 101MFG under any circumstances.
INDEMNITY
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You agree to indemnify and hold 101MFG and its subsidiaries, affiliates, officers, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the 101MFG Services, your use of the 101MFG Services, your connection to the 101MFG Services, your violation of the TOS, or your violation of any rights of another.
NO COMMERCIAL REUSE OF 101MFG SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the 101MFG Services (including Content, advertisements, Software and your 101MFG ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 101MFG may establish general practices and limits concerning use of the 101MFG Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the 101MFG Services, the maximum number of email messages that may be sent from or received by an account on the 101MFG Services, the maximum size of any email message that may be sent from or received by an account on the 101MFG Services, the maximum disk space that will be allotted on 101MFG's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the 101MFG Services in a given period of time. You agree that 101MFG has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the 101MFG Services. You acknowledge that 101MFG reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 101MFG reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO 101MFG SERVICES
101MFG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the 101MFG Services (or any part thereof) with or without notice. You agree that 101MFG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the 101MFG Services (or any part thereof).
TERMINATION
You may terminate your 101MFG account, any associated email address and access to the 101MFG Services by submitting such termination request to 101MFG.
You agree that 101MFG may, without prior notice, immediately terminate, limit your access to or suspend your 101MFG account, any associated email address, and access to the 101MFG Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the 101MFG Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the 101MFG Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in 101MFG's sole discretion and that 101MFG shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the 101MFG Services.
Termination of your 101MFG account includes any or all of the following: (a) removal of access to all or part of the offerings within the 101MFG Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the 101MFG Services.
LINKS
The 101MFG Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that 101MFG is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 101MFG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and 101MFG and governs your use of the 101MFG Services, superseding any prior version of this TOS between you and 101MFG with respect to the 101MFG Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 101MFG services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and 101MFG each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and 101MFG, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and 101MFG agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of 101MFG to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your 101MFG account is non-transferable and any rights to your 101MFG ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the 101MFG Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
If you suspect some party(ies) may be in violation of these terms, we ask that you contact us immediately:
101MFG
107 Dublin Ct.
Petaluma, CA 94952
(707) 766-1537
info@101mfg.com
Last updated December 19, 2011