Terms of Service
TERMS OF SERVICE FOR ONLINEMETALSUPPLY.COM
Effective Date: This Terms of Use Agreement was last updated on 11/27/2016
This Terms of Use Agreement sets forth the standards of use of the Online Metal Supply LLC. By using the onlinemetalsupply.com website you (the “customer”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Updates and modifications shall become effective immediately upon being posted at onlinemetalsupply.com website. Your continued use of the service after updates are posted constitutes an acknowledgement and acceptance of this agreement. Except as provided in this paragraph, this agreement may not be amended.
1. Description of Service
Online Metal Supply LLC / onlinemetalsupply.com are providing customer with option to purchase cut to size and length metals online, along with use of informational material. Customer must provide (1) all equipment necessary for their own internet connection, including computer and modem and (2) provide for customer’s access to the internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by Online Metal Supply LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Online Metal Supply LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Online Metal Supply LLC shall have no liability for any interruptions in the use of this website. Online Metal Supply LLC disclaims all warranties with regard to the information provided, including the implied warranties of materials or the fitness for a specific purpose, and non-infringement.
3. Limitation of Liability
Online Metal Supply LLC shall not be liable for any damages whatsoever, and in particular Online Metal Supply LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or any of the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Online Metal Supply LLC has been advised of the possibility of such damages.
4. Indemnification
Member agrees to indemnify and hold Online Metal Supply LLC its affiliates, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of customer’s use of the service, the violation of this agreement, or infringement by customer, or other user of the service using customer’s computer, of any intellectual property or any other right of any person or entity.
4. Materials
Member agrees to indemnify and hold Online Metal Supply LLC its affiliates, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of any service provided or material order that cannot be fulfilled by Online Metal Supply LLC, Customer acknowledges by use of this website that purchases made from website are subject to stock availability and may be cancelled at anytime by Online Metal Supply LLC without recourse from customer or any claim to damages occurring from delays, loss of wages, contract or any other claim due to cancellation of order.
5. Modifications and Interruption to Service
Online Metal Supply LLC reserves the right to modify or discontinue the service with or without notice to the customer. Online Metal Supply LLC shall not be liable to customer or any third party should Online Metal Supply LLC exercise its right to modify or discontinue the service. Customer acknowledges and accepts that Online Metal Supply LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications, tolerances and other information have either been provided by the vendors or collected from publicly available sources. While Online Metal Supply LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Online Metal Supply LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Missouri. As such, we are subject to the laws of the State of Missouri, and such laws will govern this Terms of Service, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Customer agrees that by accessing our site you agree to do so subject to the laws of the State of Missouri.
9. Compliance with Laws.
Customer assumes all knowledge of applicable law and is responsible for compliance with any such laws. Customer may not use the service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 onlinemetalsupply.com, with all rights reserved, or is the property of Online Metal Supply LLC. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized member of Online Metal Supply LLC is strictly prohibited.
11. Notification of Claimed Copyright Infringement
Notifications of claimed copyright infringement.
By Mail
1035 Melflowers Drive
Houston, MO 65483
By Phone:
417.967.8291