Terms of Service

These Terms of Service ("Terms") are an agreement between you and FabWorx, Inc. ("FabWorx," "we," "us"), 3100 Dutton Ave. Ste. 156 F, Santa Rosa, CA 95407. They apply to your use of fabworxinc.com and its pages, forms and features (the "Site").

By using the Site or submitting a request through it, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information. If you do not agree, please do not use the Site. If you are using the Site for a company, such as a general contractor, architecture firm or property owner, you confirm you are authorized to accept these Terms for it.

FabWorx is a metal fabrication and welding shop licensed by the California Contractors State License Board (CSLB) under license #810565, classification C-60 Welding. You can confirm the license's status at any time on the CSLB website.

Contractors in California are required by law to be licensed and regulated by the CSLB, which can investigate complaints against contractors: generally within four years for a patent act or omission, and within ten years for a latent act or omission relating to structural defects. Questions about any contractor can be directed to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826, or at cslb.ca.gov.

Everything on the Site, including project photos, descriptions, materials, finishes, timelines and examples, is general information about our work. It is not an offer, estimate or guarantee for your project.

• Only a written proposal is binding. Price, scope, materials, finish, schedule, payment terms, exclusions and warranty are set out in a written FabWorx proposal. The work begins only when the proposal is signed and returned, together with any required deposit.
• The proposal controls. If anything on the Site conflicts with a signed proposal or contract, the signed proposal or contract controls.
• Prices move. Steel and material prices change frequently, sometimes daily. Quotes are good for the period stated in the proposal, and material increases may be passed on as the proposal describes.
• Every site is different. Final dimensions, attachment details and code requirements depend on field measurements and site conditions, which is why we measure before we build.

When you send us a request, you agree that:

• The information you give us is accurate, and you are the owner of the property or are authorized to request work on it.
• You have the right to share any photos, plans, drawings or documents you upload ("Your Files"), and sharing them with us does not break anyone else's rights or an agreement you are bound by.
• You will not upload malicious files, or sensitive personal information such as Social Security, bank or card numbers.

Your Files stay yours. You give FabWorx a limited, non-exclusive permission to store, copy and use Your Files only to review your request, prepare a quote and, if you hire us, design, detail, fabricate and install your project. We may share them with the people we need on your project (such as detailers, engineers or suppliers) for that same purpose. We keep Your Files confidential and do not publish them.

Requesting a quote does not oblige you to hire us, and it does not oblige us to provide a quote or accept a project.

The Site and its contents, including photographs, project descriptions, designs, shop drawings, text, graphics, the FabWorx name and logo, and the way they are arranged, belong to FabWorx or its licensors and are protected by copyright, trademark and other laws.

• Welcome: viewing the Site for your own project planning, and sharing links to project pages (including with the share buttons and on Pinterest), as long as you link back to the Site.
• Not allowed without our written permission: copying, republishing or selling our photos or designs, using them to advertise someone else's work, removing our marks, or presenting our work as anyone else's.

Shop drawings, details and designs we prepare remain FabWorx property until paid for in full, as stated in our proposals. If you believe something on the Site infringes your rights, contact us and we will review it promptly.

You agree not to:

• Use the Site for anything unlawful, fraudulent or harmful, or to harass anyone.
• Send spam, advertising or bulk messages through our forms.
• Upload or transmit viruses or other harmful code, or try to get into accounts, systems or areas you are not authorized to use (including our staff admin).
• Probe, scan or test the Site's security, or interfere with or overload it.
• Scrape, harvest or copy the Site's content or photos with bots or other automated tools.
• Impersonate another person or business, or misrepresent your connection to a project.

We may block access, remove submissions or take other appropriate action if these Terms are broken.

By contacting us through the Site or by email, you agree that we may reply electronically, and that notices, proposals, drawings for approval and other communications we send electronically satisfy any legal requirement that they be in writing, consistent with California's Uniform Electronic Transactions Act (Civ. Code § 1633.1 et seq.). Signing a proposal electronically is as valid as signing on paper, where both of us agree to it.

The Site links to other websites and services, such as social media, Google Maps and the CSLB license lookup, and uses outside providers for hosting, security and email. We do not control other websites and are not responsible for their content or practices. Your use of them is governed by their own terms and privacy policies.

We work hard to keep the Site accurate and available, but it is provided "as is" and "as available." To the fullest extent the law allows, FabWorx disclaims all warranties about the Site itself, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not promise the Site will always be uninterrupted, error-free or free of harmful components.

Photos show completed work for illustration. Colors, patinas and finishes look different on screens and vary naturally from piece to piece. Warranties for our work (for example, powder-coat and patina warranties) are provided only in your signed proposal or contract and are not affected by this section.

To the fullest extent the law allows, FabWorx will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data, arising from your use of, or inability to use, the Site. Our total liability for any claim relating to the Site itself is limited to one hundred dollars ($100).

This section applies to the website only. Our responsibilities for any project are set out in the signed proposal or contract for that project. Nothing in these Terms limits liability for fraud, for willful injury to a person or property, for violation of law, or for anything else that California law does not allow to be limited (including under Civ. Code § 1668).

If you misuse the Site, break these Terms, or upload files you did not have the right to share, and that causes a claim against FabWorx, you agree to cover the reasonable losses and costs (including reasonable attorneys' fees) that result, to the extent permitted by law.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.

• Talk to us first. If you have a concern about the Site, contact us and we will try in good faith to resolve it within 30 days.
• Court. If we cannot resolve it, disputes about the Site or these Terms will be brought in the state or federal courts located in Sonoma County, California, and both of us agree to those courts' jurisdiction. Either of us may instead bring a qualifying claim in small claims court.
• Projects. Disputes about a project are governed by the dispute resolution terms in that project's signed proposal or contract.

We want everyone to be able to use the Site and are working toward the WCAG 2.1 AA accessibility guidelines. If any part of the Site is hard for you to use, call us at (707) 566-7045 or email bryan@fabworxinc.com and we will help you directly and work to fix the problem.

• Changes. We may update these Terms. The "last updated" date shows the latest version, and changes apply from the time they are posted. Continuing to use the Site afterwards means you accept them.
• Whole agreement. These Terms and the Privacy Policy are the full agreement about the Site. A signed proposal or contract governs any project.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect.
• No waiver. If we do not enforce a part of these Terms right away, we can still enforce it later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours as part of a reorganization or sale of the business.