I have changed the title of the thread as it not only affects the referenced thread but some others also.
Following examples of vendors selling:
- https://www.deskthority.net/viewtopic.php?f=50&t=11046
- https://www.deskthority.net/viewtopic.php?f=50&t=26174
- https://www.deskthority.net/viewtopic.php?f=50&t=27536
- https://www.deskthority.net/viewtopic.php?f=50&t=28123
- https://www.deskthority.net/viewtopic.php?f=50&t=28143
- https://www.deskthority.net/viewtopic.php?f=50&t=28461
Regards
--------------------------------------------------------------------- the original post follows -------------------------------------
Hello,
You may have realised that "Model F Labs" is a LLC company:
- Screenshot at 2024-12-29 10-15-09.png (151.55 KiB) Viewed 21624 times
The thread https://www.deskthority.net/viewtopic.php?f=50&t=11046 is related to the sales of that company.
You can find the terms for sale which clearly reflect that this is actually a company https://www.modelfkeyboards.com/terms-and-conditions/
Spoiler:
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.
YOU MUST ACCEPT THE TERMS AND CONDITIONS TO PLACE AN ORDER AND TO ACCESS OUR SITES AND SERVICES. THE ORDER TERMS AND CONDITIONS CONSIST OF THE TEXT LOCATED IN THESE AREAS: IN THIS TEXT BOX, ON ALL PRODUCT PAGES, AND ON THE HOME PAGE OF WWW.MODELFKEYBOARDS.COM
ACCEPTANCE OF TERMS The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Model F Labs LLC, also known as Brand New Model F Keyboards, located at 600 Franklin Ave. #7170, Garden City, New York 11530 and our subsidiaries and affiliates, in association with the use of the Brand New Model F Keyboards website, which includes www.ModelFKeyboards.com, (the “Site”) and its Services, which shall be defined below.
By placing an order you agree with the terms and conditions, limited warranty, and privacy policy, including those on the home page of the web site and here as well. You are buying a “SPECIAL ORDER” made-to-order product that will take an extended amount of time to produce and deliver to you. All sales are final. Products may be covered under a LIMITED WARRANTY. Legal, safety, and limited warranty information for a MODEL F LABS LLC product is available to consumers pre-sale and will be furnished upon request, by writing to the email or mailing address at the bottom of this web page. You hereby agree to be bound by the terms of the limited warranty for MODEL F LABS LLC products.
DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is an e-commerce website which has the following description: Brand New Model F Keyboards focuses on the sale of various goods.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
In case you haven’t been following the forums where I have had several hundred posts explaining different aspects of the project and its execution, including risks, here are some key highlights, which will also serve as some of the terms and conditions the buyer agrees to by placing an order on this web site. As you may have read on the forums, many forum members and I have paid extreme attention to detail throughout this process and I want to be straightforward with some of the less exciting parts of the project, especially with the risks and caveats. I ask that you read through these carefully before placing an order. If you’re concerned with something, feel free to message me. My user name is Ellipse on the Deskthority and geekhack forums (1954bertonespyder on reddit) and am the project coordinator.
Please read through the web site and my forum postings to gain a full understanding of what you’re buying. Check out the Brand New Model F Keyboards Project Philosophy statement here. However, things I have written over the years may change or may no longer be accurate, and I have not gone back and corrected these postings to remove inaccuracies. We are not responsible for errors in pricing or in any written statements, whether on the web site, over email, or elsewhere. Final product colors, specifications, etc. may change from what is noted/pictured.
You’re ordering into production a factory-customized product that could very well be unique to you, given the dozens of possible combinations offered: keyboard layouts, case colors, and key options. You will not be ordering anything from readily available inventory unless specified. Many premium options are shown in the photos on this site; you will not get these premium offerings (e.g. key caps) unless you order them. Your order will likely not match the layout and keys from the photos unless you specify those options when ordering – the photos serve only as example configurations you can consider. The base keyboard option is a “bring your own keys” option which means that the base keyboard comes with no keys or stabilizer inserts.
Much of the design follows in the footsteps of old Model F keyboards, though these are not exact replicas of a 4704 banking keyboard or any other old keyboard. The firmware and hardware components are completely modern and do not use IBM chips or firmware. Interestingly the buckling spring patents expired many years ago and buckling spring is now in the public domain, yet this is the first project to build a new Model F keyboard from all-new parts.
Keyboard controller risks: The Model F USB keyboard controller, designed by the super-smart DT/GH forum contributor xwhatsit in 2014, has been successfully and reliably used in thousands of new and original Model F keyboards. Model F keyboards are known for their reliability and longevity, but there is a small risk that the new production keyboards’ firmware is not perfect just yet. Therefore, every key function on each layer cannot be guaranteed. If you ever want to change the controller, you may be able to replace it with a compatible controller years from now with some desoldering/soldering of the ribbon cable.
Cosmetic risks: Colors and their shades varied noticeably, even on original Model F keyboards. Each keyboard is powdercoated (painted) or anodized and the colors and finish may vary significantly from what you had in mind or what the paint colors look like on your computer monitor. Case finishes, keycap legends, and other parts may have slight, but noticeable, imperfections and defects which are not grounds for a return, exchange, or refund. All buyers agree to accept cosmetic defects on all products. Example allowed defects include but are not limited to chips, scuffs, lost/missing paint, retouched areas, scratches, anodizing spottiness/clouding/discolorations, and gouges. Keyboard finishes and surfaces will wear down over time with usage, sometimes exposing the bare metal material. Ordering some touch up paint from the paint store or Birchwood Casey Aluminum Touch Up for the anodized cases should improve any issues.
“Feel” risks: I have many original Model F keyboards in my collection and each one sounds different. No two sound the same or feel the same when typing! This means that your Brand New Model F Keyboard will likely not sound or feel like your 30 year old Model F or Model M keyboard due to their loosened springs, deteriorating foam, different alloys of metal, etc. New or little-used Model M and Model F springs and keys tend to require a little break in to loosen up the springs and keys. Not all keys will sound perfect or all the same with buckling spring keyboards – some may sound funny but they usually keep on working.
Product support: please go to the forums as I can’t offer 1×1 support. If there are any immediate or significant issues I will address them for you or let you know how to correct it, but I cannot provide personalized or ongoing technical support – those questions are best left to the keyboard forums. Buckling spring keyboards are known to require key re-seating after they are bumped around during shipping – this is something you may need to learn how to do if you are new to buckling spring keyboards! You must review the manual and setup videos completely before setting up your keyboard. These keyboards are easy to repair yourself as they can be opened relatively easily compared to today’s devices and can be done with screwdrivers and pliers. No spudgers needed
. It is impressive that an original Model F keyboard can still work well 30+ years later, though you still may need to do some maintenance and repairs to keep your keyboard in good operating condition, such as re-seating/replacing springs and keys, cleaning your keys, maybe replacing the removable USB cable if it becomes flaky after a decade or so, etc. While the xwhatsit has been working on hundreds of computer systems since 2014, I know next to nothing about the xwhatsit keyboard controller firmware and software being used for this project and cannot guarantee compatibility with all hardware and software configurations (in some cases you will need to do configuration and troubleshooting to set up your keyboard or learn to live with the limitations of the keyboard). MODEL F LABS LLC products may be covered under a LIMITED WARRANTY. For limited warranty information, please write to the mailing address listed below. It is important to note that claims that Model F keyboards often last for decades in no way implies that these products carry a manufacturer’s warranty for decades. MODEL F LABS LLC products do not carry a warranty for decades. The intent of these statements is to highlight the user repairability of these keyboards: the user can often maintain them for decades if they purchase spare parts ahead of time. Most often the only failures are parts included with the First Aid Kits that are available as an additional purchase.
Refund/cancellation policy: Given this is a “SPECIAL ORDER” made-to-order product with an extended expected lead time of more than one month and the possibility of manufacturing and production delays and unpredictable order backlog timeframes, refunds and/or cancellations can not be accepted, including for stocked products. All goods are considered “custom made” and not returnable. All sales are final, including sales of accessories and original old stock items. Refunds are not offered for damaged goods; instead, exchanges of defective parts require an RMA and are subject to approval. Store policy requires Customer to perform troubleshooting if needed (under no circumstances will a product be fully replaced when only a part requires replacement); exchanges of defective items require an RMA and are subject to approval. All goods are considered “custom made” and not returnable. If cryptocurrency payment is received and a refund is required due to a site error or other reason, the refund amount will be calculated based on the current USD valuation, not the original crypto amount. This means that the cryptocurrency amount refunded will likely be different from what was paid, but the value will be equivalent to the USD valuation at the time of the refund. Fees may reduce the crypto refund amount. The crypto merchant processor determines the exchange rate, which may be different from other quoted rates. Crypto payments are at this time in beta and there may be extra fees for buyers choosing this method; orders with crypto payments may be cancelled if there are errors resulting in incorrect payment amounts or other issues.
Privacy policy: I will not sell your personally identifiable information. Cookies are used on this site to store details about your visit; by browsing and/or ordering you are agreeing to the use of cookies. Under no circumstances am I able to view or save your full debit or credit card information: only the payment processors are authorized to do so. By submitting an order you agree to receive e-mail communications regarding your order as well as periodic communications regarding updates from Model F Labs LLC / Brand New Model F Keyboards (you can unsubscribe from these). By visiting this web site you agree to the privacy policy and this terms and conditions page (link to Terms and Conditions page). Third parties will receive customer addresses and other information required for the purposes of shipping. Users may simply contact the below email address to request changes to their personal information. Every member’s registration data and various other personal information are strictly protected by the Model F Labs LLC Online Privacy Policy (see the full Privacy Policy at https://app.termly.io/document/privacy- ... 599b004baf). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Model F Labs LLC and/or our subsidiaries and affiliates. The full privacy policy is accessible on this page: https://app.termly.io/document/privacy- ... 599b004baf
Delivery policy: Since you are ordering made-to-order items, stock is not kept and you will need to expect an extended production and shipment time frame specified above. Items will be delivered by a common carrier (USPS, FedEx, or UPS) and you may need a signature for the mail carrier to release the package. Delivered keys may not be installed to the keyboard by the factory, so be prepared to spend a little time installing your keys! Legends may vary from what is pictured. Buyers are responsible for ensuring their shipping address in the order confirmation email is correct and updating me with address changes (and making sure I reply that the address was updated!). In the event of shipping damage, seller must be notified in writing within three (3) business days of the delivery confirmation to arrange for opening a case (for damage). Please contact me if your order must ship to a USPS P.O. (Post Office) Box and I will let you know the additional costs which may not be reflected in the web site pricing. In the event of a misdelivery (wrong item, missing item, wrong address, etc.), seller must be notified in writing within 24 hours of the shipping confirmation email to arrange for package redirection. Wrong or missing items can be partially refunded or replaced at the seller’s discretion (after returned item is received back in original condition, if applicable). Seller assumes no liability for late or unreceived notifications, for packages delivered to former addresses when no address update request was confirmed actioned before shipping occurred, or for packages identified by the shipping carriers as delivered but that have been taken by theft or for any other reason. For an address change to be made, seller must confirm in writing AFTER an address change has been made. Signature confirmation is optional and must be purchased by the buyer. Buyers are responsible for all import fees, duties, and taxes, and for notifying seller of any specific requirements for customs if applicable (credit card receipts, invoices with official company letterhead, etc.). If goods are returned to sender for any reason, buyer is responsible for arranging and paying for shipping again; returned goods may be discarded after 30 days without refund if customer cannot be reached after repeated attempts (store credit less shipping cost will be issued).
Third party logos and unsolicited idea submission policies: Unsolicited ideas are not accepted. If you still submit ideas of a solicited or unsolicited nature, you automatically agree to abide for MODEL F LABS LLC submissions the same legal language as Apple uses (submissions and related intellectual property are automatically assigned to MODEL F LABS LLC and can be used for any purpose, no confidential or other relationship between parties exists, no expectation of payment, users contacting the firm must accept these terms and conditions prior to submitting ideas). Severability applies to all terms and policies (if one or more provisions are determined to be unenforceable, all remaining items still apply). Third-party logos, quotations, and references are copyrights and trademarks of their respective holders; use of such content on this site is for fair use, informational, and/or illustrative purposes only and does not imply endorsement or affiliation by them.
Company Name, mailing address and contact information: MODEL F LABS LLC, 600 Franklin Ave. #7170, Garden City, NY. Phone: 516 874 6411. Email: info@modelfkeyboards.com
I do hope that these keyboards survive the test of time. So many products people buy today develop issues in a few months’ or years’ time and are meant to be disposed of; it is great to be able to buy something made today that you can use every day and it will be there for you to use 10, 20, 30 years from now. I hope this project will be like that – only time will tell. I do not want to compromise a project like this by lowering standards and cutting corners to make it inferior to an original because it is something I want to be able to use and something that is on par with the original Model F keyboards that I use daily – that is why I am spending $100,000 or more on this project for materials and production processes that meet or exceed original standards and tolerances, including lots of metal!
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Model F Labs LLC. At its discretion, Model F Labs LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Model F Labs LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Model F Labs LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Model F Labs LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
INTERSTATE COMMUNICATION Upon registration, you hereby acknowledge that by using www.ModelFKeyboards.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html) , as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center ... grams.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenf ... ocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES Model F Labs LLC shall lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Model F Labs LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall not terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Model F Labs LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Model F Labs LLC’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE Model F Labs LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Brand New Model F Keyboards shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Brand New Model F Keyboards shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor’s Contributions shall automatically become the sole property ofBrand New Model F Keyboards; and e) Brand New Model F Keyboards is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY All users herein agree to insure and hold Model F Labs LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Brand New Model F Keyboards Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Brand New Model F Keyboards’s sites.
MODIFICATIONS Model F Labs LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Model F Labs LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS Either Model F Labs LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Model F Labs LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS You do hereby acknowledge and agree that Model F Labs LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Model F Labs LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Model F Labs LLC Services (e.g. Content or Software), in whole or part.
Model F Labs LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Model F Labs LLC for use in accessing our Services.
WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MODEL F LABS LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MODEL F LABS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MODEL F LABS LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MODEL F LABS LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MODEL F LABS LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MODEL F LABS LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MODEL F LABS LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MODEL F LABS LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MODEL F LABS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, 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 WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. NEVER PLACE ANY ITEM SOLD BY MODEL F LABS LLC WITHIN REACH OF CHILDREN; ALL PRODUCTS SOLD ON THIS SITE CONTAIN DANGEROUS PACKAGING AND PARTS WHICH MAY POSE A CHOKING HAZARD OR RISK OF INJURY AND DEATH TO CHILDREN. ALWAYS REVIEW THE GREEN BOOKLET PRINTOUT FOR ADDITIONAL HEALTH AND SAFETY CONSIDERATIONS (ALSO AVAILABLE UPON REQUEST).
RELEASE In the event you have a dispute, you agree to release Model F Labs LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Model F Labs LLC’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Model F Labs LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE Model F Labs LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
BINDING ARBITRATION
1.
Binding Arbitration. In the event of a dispute between the parties, the parties will waive their right to litigate these issues in court and instead will resolve their dispute first through informal negotiations and if necessary through binding arbitration in Nassau County, New York.
2.
Arbitration Procedure. The parties agree to enter arbitration. Arbitration proceedings shall be completed with 120 days from the date an arbitrator is appointed. This time may be extended by the arbitrator in the interests of justice. The parties may agree to extend this time in writing.
3.
Arbitrator. The arbitration shall be conducted by one arbitrator. If the parties cannot agree on the selection of an arbitrator within 20 days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator will be selected by a MODEL F LABS LLC member pursuant to the terms of this agreement.
4.
Governing Law. The laws of the State of New York will be applied in the proceedings, without regard to principles of conflict of laws.
Award. The parties agree to abide by any award issued by the arbitrator and the judgment of any court with jurisdiction may be entered on the award.
6.
Arbitration Costs. The costs of the arbitration will be split by the parties unless otherwise determined by the arbitrator. If this the dispute is related to employment, the employer will bear the cost of arbitration. The parties will be responsible for their own litigation fees. The arbitrator may award any fees or costs to the prevailing party pursuant to applicable statutes or case law in the jurisdiction.
7.
Miscellaneous. Except as expressly modified herein, the original agreement remains unchanged and continues in full force and effect. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing. Any modifications to this agreement must be in writing and notarized.
TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of theModel F Labs LLC trademarks, copyright, trade name, service marks, and other Model F Labs LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property o f Model F Labs LLC. You herein agree not to display and/or use in any manner theModel F Labs LLC logo or marks without obtainingModel F Labs LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES Model F Labs LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Model F Labs LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Model F Labs LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Model F Labs LLC Attn: Copyright Agent 600 Franklin Ave. #7170 Garden City, New York 11530 Telephone: 516-874-6411 Email: info@modelfkeyboards.com CLOSED CAPTIONING BE IT KNOWN, that Model F Labs LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.ModelFKeyboards.com.
GENERAL INFORMATION ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Model F Labs LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Model F Labs LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Model F Labs LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Model F Labs LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Model F Labs LLC, shall be filed within the courts having jurisdiction within the County of Nassau County, New York or the U.S. District Court located in said state. You and Model F Labs LLC agree to submit to the jurisdiction of the courts as previously mentioned, 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 At any time, should Model F Labs LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this 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.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS Please report any and all violations of this TOS to Model F Labs LLC as follows:
Mailing Address:
Model F Labs LLC
600 Franklin Ave. #7170
Garden City, New York 11530
Telephone: 516-874-6411
Email: info@modelfkeyboards.com
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2016.
YOU MUST ACCEPT THE TERMS AND CONDITIONS TO PLACE AN ORDER AND TO ACCESS OUR SITES AND SERVICES. THE ORDER TERMS AND CONDITIONS CONSIST OF THE TEXT LOCATED IN THESE AREAS: IN THIS TEXT BOX, ON ALL PRODUCT PAGES, AND ON THE HOME PAGE OF WWW.MODELFKEYBOARDS.COM
ACCEPTANCE OF TERMS The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Model F Labs LLC, also known as Brand New Model F Keyboards, located at 600 Franklin Ave. #7170, Garden City, New York 11530 and our subsidiaries and affiliates, in association with the use of the Brand New Model F Keyboards website, which includes www.ModelFKeyboards.com, (the “Site”) and its Services, which shall be defined below.
By placing an order you agree with the terms and conditions, limited warranty, and privacy policy, including those on the home page of the web site and here as well. You are buying a “SPECIAL ORDER” made-to-order product that will take an extended amount of time to produce and deliver to you. All sales are final. Products may be covered under a LIMITED WARRANTY. Legal, safety, and limited warranty information for a MODEL F LABS LLC product is available to consumers pre-sale and will be furnished upon request, by writing to the email or mailing address at the bottom of this web page. You hereby agree to be bound by the terms of the limited warranty for MODEL F LABS LLC products.
DESCRIPTION OF WEBSITE SERVICES OFFERED The Site is an e-commerce website which has the following description: Brand New Model F Keyboards focuses on the sale of various goods.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
In case you haven’t been following the forums where I have had several hundred posts explaining different aspects of the project and its execution, including risks, here are some key highlights, which will also serve as some of the terms and conditions the buyer agrees to by placing an order on this web site. As you may have read on the forums, many forum members and I have paid extreme attention to detail throughout this process and I want to be straightforward with some of the less exciting parts of the project, especially with the risks and caveats. I ask that you read through these carefully before placing an order. If you’re concerned with something, feel free to message me. My user name is Ellipse on the Deskthority and geekhack forums (1954bertonespyder on reddit) and am the project coordinator.
Please read through the web site and my forum postings to gain a full understanding of what you’re buying. Check out the Brand New Model F Keyboards Project Philosophy statement here. However, things I have written over the years may change or may no longer be accurate, and I have not gone back and corrected these postings to remove inaccuracies. We are not responsible for errors in pricing or in any written statements, whether on the web site, over email, or elsewhere. Final product colors, specifications, etc. may change from what is noted/pictured.
You’re ordering into production a factory-customized product that could very well be unique to you, given the dozens of possible combinations offered: keyboard layouts, case colors, and key options. You will not be ordering anything from readily available inventory unless specified. Many premium options are shown in the photos on this site; you will not get these premium offerings (e.g. key caps) unless you order them. Your order will likely not match the layout and keys from the photos unless you specify those options when ordering – the photos serve only as example configurations you can consider. The base keyboard option is a “bring your own keys” option which means that the base keyboard comes with no keys or stabilizer inserts.
Much of the design follows in the footsteps of old Model F keyboards, though these are not exact replicas of a 4704 banking keyboard or any other old keyboard. The firmware and hardware components are completely modern and do not use IBM chips or firmware. Interestingly the buckling spring patents expired many years ago and buckling spring is now in the public domain, yet this is the first project to build a new Model F keyboard from all-new parts.
Keyboard controller risks: The Model F USB keyboard controller, designed by the super-smart DT/GH forum contributor xwhatsit in 2014, has been successfully and reliably used in thousands of new and original Model F keyboards. Model F keyboards are known for their reliability and longevity, but there is a small risk that the new production keyboards’ firmware is not perfect just yet. Therefore, every key function on each layer cannot be guaranteed. If you ever want to change the controller, you may be able to replace it with a compatible controller years from now with some desoldering/soldering of the ribbon cable.
Cosmetic risks: Colors and their shades varied noticeably, even on original Model F keyboards. Each keyboard is powdercoated (painted) or anodized and the colors and finish may vary significantly from what you had in mind or what the paint colors look like on your computer monitor. Case finishes, keycap legends, and other parts may have slight, but noticeable, imperfections and defects which are not grounds for a return, exchange, or refund. All buyers agree to accept cosmetic defects on all products. Example allowed defects include but are not limited to chips, scuffs, lost/missing paint, retouched areas, scratches, anodizing spottiness/clouding/discolorations, and gouges. Keyboard finishes and surfaces will wear down over time with usage, sometimes exposing the bare metal material. Ordering some touch up paint from the paint store or Birchwood Casey Aluminum Touch Up for the anodized cases should improve any issues.
“Feel” risks: I have many original Model F keyboards in my collection and each one sounds different. No two sound the same or feel the same when typing! This means that your Brand New Model F Keyboard will likely not sound or feel like your 30 year old Model F or Model M keyboard due to their loosened springs, deteriorating foam, different alloys of metal, etc. New or little-used Model M and Model F springs and keys tend to require a little break in to loosen up the springs and keys. Not all keys will sound perfect or all the same with buckling spring keyboards – some may sound funny but they usually keep on working.
Product support: please go to the forums as I can’t offer 1×1 support. If there are any immediate or significant issues I will address them for you or let you know how to correct it, but I cannot provide personalized or ongoing technical support – those questions are best left to the keyboard forums. Buckling spring keyboards are known to require key re-seating after they are bumped around during shipping – this is something you may need to learn how to do if you are new to buckling spring keyboards! You must review the manual and setup videos completely before setting up your keyboard. These keyboards are easy to repair yourself as they can be opened relatively easily compared to today’s devices and can be done with screwdrivers and pliers. No spudgers needed

Refund/cancellation policy: Given this is a “SPECIAL ORDER” made-to-order product with an extended expected lead time of more than one month and the possibility of manufacturing and production delays and unpredictable order backlog timeframes, refunds and/or cancellations can not be accepted, including for stocked products. All goods are considered “custom made” and not returnable. All sales are final, including sales of accessories and original old stock items. Refunds are not offered for damaged goods; instead, exchanges of defective parts require an RMA and are subject to approval. Store policy requires Customer to perform troubleshooting if needed (under no circumstances will a product be fully replaced when only a part requires replacement); exchanges of defective items require an RMA and are subject to approval. All goods are considered “custom made” and not returnable. If cryptocurrency payment is received and a refund is required due to a site error or other reason, the refund amount will be calculated based on the current USD valuation, not the original crypto amount. This means that the cryptocurrency amount refunded will likely be different from what was paid, but the value will be equivalent to the USD valuation at the time of the refund. Fees may reduce the crypto refund amount. The crypto merchant processor determines the exchange rate, which may be different from other quoted rates. Crypto payments are at this time in beta and there may be extra fees for buyers choosing this method; orders with crypto payments may be cancelled if there are errors resulting in incorrect payment amounts or other issues.
Privacy policy: I will not sell your personally identifiable information. Cookies are used on this site to store details about your visit; by browsing and/or ordering you are agreeing to the use of cookies. Under no circumstances am I able to view or save your full debit or credit card information: only the payment processors are authorized to do so. By submitting an order you agree to receive e-mail communications regarding your order as well as periodic communications regarding updates from Model F Labs LLC / Brand New Model F Keyboards (you can unsubscribe from these). By visiting this web site you agree to the privacy policy and this terms and conditions page (link to Terms and Conditions page). Third parties will receive customer addresses and other information required for the purposes of shipping. Users may simply contact the below email address to request changes to their personal information. Every member’s registration data and various other personal information are strictly protected by the Model F Labs LLC Online Privacy Policy (see the full Privacy Policy at https://app.termly.io/document/privacy- ... 599b004baf). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Model F Labs LLC and/or our subsidiaries and affiliates. The full privacy policy is accessible on this page: https://app.termly.io/document/privacy- ... 599b004baf
Delivery policy: Since you are ordering made-to-order items, stock is not kept and you will need to expect an extended production and shipment time frame specified above. Items will be delivered by a common carrier (USPS, FedEx, or UPS) and you may need a signature for the mail carrier to release the package. Delivered keys may not be installed to the keyboard by the factory, so be prepared to spend a little time installing your keys! Legends may vary from what is pictured. Buyers are responsible for ensuring their shipping address in the order confirmation email is correct and updating me with address changes (and making sure I reply that the address was updated!). In the event of shipping damage, seller must be notified in writing within three (3) business days of the delivery confirmation to arrange for opening a case (for damage). Please contact me if your order must ship to a USPS P.O. (Post Office) Box and I will let you know the additional costs which may not be reflected in the web site pricing. In the event of a misdelivery (wrong item, missing item, wrong address, etc.), seller must be notified in writing within 24 hours of the shipping confirmation email to arrange for package redirection. Wrong or missing items can be partially refunded or replaced at the seller’s discretion (after returned item is received back in original condition, if applicable). Seller assumes no liability for late or unreceived notifications, for packages delivered to former addresses when no address update request was confirmed actioned before shipping occurred, or for packages identified by the shipping carriers as delivered but that have been taken by theft or for any other reason. For an address change to be made, seller must confirm in writing AFTER an address change has been made. Signature confirmation is optional and must be purchased by the buyer. Buyers are responsible for all import fees, duties, and taxes, and for notifying seller of any specific requirements for customs if applicable (credit card receipts, invoices with official company letterhead, etc.). If goods are returned to sender for any reason, buyer is responsible for arranging and paying for shipping again; returned goods may be discarded after 30 days without refund if customer cannot be reached after repeated attempts (store credit less shipping cost will be issued).
Third party logos and unsolicited idea submission policies: Unsolicited ideas are not accepted. If you still submit ideas of a solicited or unsolicited nature, you automatically agree to abide for MODEL F LABS LLC submissions the same legal language as Apple uses (submissions and related intellectual property are automatically assigned to MODEL F LABS LLC and can be used for any purpose, no confidential or other relationship between parties exists, no expectation of payment, users contacting the firm must accept these terms and conditions prior to submitting ideas). Severability applies to all terms and policies (if one or more provisions are determined to be unenforceable, all remaining items still apply). Third-party logos, quotations, and references are copyrights and trademarks of their respective holders; use of such content on this site is for fair use, informational, and/or illustrative purposes only and does not imply endorsement or affiliation by them.
Company Name, mailing address and contact information: MODEL F LABS LLC, 600 Franklin Ave. #7170, Garden City, NY. Phone: 516 874 6411. Email: info@modelfkeyboards.com
I do hope that these keyboards survive the test of time. So many products people buy today develop issues in a few months’ or years’ time and are meant to be disposed of; it is great to be able to buy something made today that you can use every day and it will be there for you to use 10, 20, 30 years from now. I hope this project will be like that – only time will tell. I do not want to compromise a project like this by lowering standards and cutting corners to make it inferior to an original because it is something I want to be able to use and something that is on par with the original Model F keyboards that I use daily – that is why I am spending $100,000 or more on this project for materials and production processes that meet or exceed original standards and tolerances, including lots of metal!
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Model F Labs LLC. At its discretion, Model F Labs LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Model F Labs LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Model F Labs LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Model F Labs LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
INTERSTATE COMMUNICATION Upon registration, you hereby acknowledge that by using www.ModelFKeyboards.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html) , as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center ... grams.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenf ... ocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES Model F Labs LLC shall lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Model F Labs LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall not terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Model F Labs LLC’s sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Model F Labs LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Model F Labs LLC’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE Model F Labs LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that: a) your contributions do not contain any type of confidential or proprietary information; b) Brand New Model F Keyboards shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; c) Brand New Model F Keyboards shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; d) the contributor’s Contributions shall automatically become the sole property ofBrand New Model F Keyboards; and e) Brand New Model F Keyboards is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY All users herein agree to insure and hold Model F Labs LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Brand New Model F Keyboards Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Brand New Model F Keyboards’s sites.
MODIFICATIONS Model F Labs LLC shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Model F Labs LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS Either Model F Labs LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Model F Labs LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS You do hereby acknowledge and agree that Model F Labs LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Model F Labs LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Model F Labs LLC Services (e.g. Content or Software), in whole or part.
Model F Labs LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Model F Labs LLC for use in accessing our Services.
WARRANTY DISCLAIMERS YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MODEL F LABS LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MODEL F LABS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MODEL F LABS LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MODEL F LABS LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MODEL F LABS LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MODEL F LABS LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MODEL F LABS LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MODEL F LABS LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MODEL F LABS LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, 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 WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE. NEVER PLACE ANY ITEM SOLD BY MODEL F LABS LLC WITHIN REACH OF CHILDREN; ALL PRODUCTS SOLD ON THIS SITE CONTAIN DANGEROUS PACKAGING AND PARTS WHICH MAY POSE A CHOKING HAZARD OR RISK OF INJURY AND DEATH TO CHILDREN. ALWAYS REVIEW THE GREEN BOOKLET PRINTOUT FOR ADDITIONAL HEALTH AND SAFETY CONSIDERATIONS (ALSO AVAILABLE UPON REQUEST).
RELEASE In the event you have a dispute, you agree to release Model F Labs LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Model F Labs LLC’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Model F Labs LLC and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE Model F Labs LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
BINDING ARBITRATION
1.
Binding Arbitration. In the event of a dispute between the parties, the parties will waive their right to litigate these issues in court and instead will resolve their dispute first through informal negotiations and if necessary through binding arbitration in Nassau County, New York.
2.
Arbitration Procedure. The parties agree to enter arbitration. Arbitration proceedings shall be completed with 120 days from the date an arbitrator is appointed. This time may be extended by the arbitrator in the interests of justice. The parties may agree to extend this time in writing.
3.
Arbitrator. The arbitration shall be conducted by one arbitrator. If the parties cannot agree on the selection of an arbitrator within 20 days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator will be selected by a MODEL F LABS LLC member pursuant to the terms of this agreement.
4.
Governing Law. The laws of the State of New York will be applied in the proceedings, without regard to principles of conflict of laws.
Award. The parties agree to abide by any award issued by the arbitrator and the judgment of any court with jurisdiction may be entered on the award.
6.
Arbitration Costs. The costs of the arbitration will be split by the parties unless otherwise determined by the arbitrator. If this the dispute is related to employment, the employer will bear the cost of arbitration. The parties will be responsible for their own litigation fees. The arbitrator may award any fees or costs to the prevailing party pursuant to applicable statutes or case law in the jurisdiction.
7.
Miscellaneous. Except as expressly modified herein, the original agreement remains unchanged and continues in full force and effect. In the event that any provision of this Agreement is held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid, legal and enforceable as though the invalid, illegal or unenforceable parts had not been included in this Agreement.
Neither party will be charged with any waiver of any provision of this Agreement, unless such waiver is evidenced by a writing signed by the party and any such waiver will be limited to the terms of such writing. Any modifications to this agreement must be in writing and notarized.
TRADEMARK INFORMATION You herein acknowledge, understand and agree that all of theModel F Labs LLC trademarks, copyright, trade name, service marks, and other Model F Labs LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property o f Model F Labs LLC. You herein agree not to display and/or use in any manner theModel F Labs LLC logo or marks without obtainingModel F Labs LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES Model F Labs LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Model F Labs LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon; c) A description of the location of the site which you allege has been infringing upon your work; d) Your physical address, telephone number, and email address; e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Model F Labs LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Mailing Address: Model F Labs LLC Attn: Copyright Agent 600 Franklin Ave. #7170 Garden City, New York 11530 Telephone: 516-874-6411 Email: info@modelfkeyboards.com CLOSED CAPTIONING BE IT KNOWN, that Model F Labs LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.ModelFKeyboards.com.
GENERAL INFORMATION ENTIRE AGREEMENT This TOS constitutes the entire agreement between you and Model F Labs LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Model F Labs LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Model F Labs LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Model F Labs LLC with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Model F Labs LLC, shall be filed within the courts having jurisdiction within the County of Nassau County, New York or the U.S. District Court located in said state. You and Model F Labs LLC agree to submit to the jurisdiction of the courts as previously mentioned, 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 At any time, should Model F Labs LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this 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.
STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS Please report any and all violations of this TOS to Model F Labs LLC as follows:
Mailing Address:
Model F Labs LLC
600 Franklin Ave. #7170
Garden City, New York 11530
Telephone: 516-874-6411
Email: info@modelfkeyboards.com
Thanks in advance
i$