THE STEELASTIC® CO. LEGAL STATEMENT
Please read this Legal Statement carefully before using the Steelastic®
Co. Internet Web
site(s). If you do not agree to the
terms of this Legal Statement, please do not use the Steelastic® Co.
Internet Web site(s). YOU AGREE AND
ACKNOWLEDGE THAT BY CLICKING THE "I ACCEPT" BUTTON BELOW, YOU ARE
INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LEGAL STATEMENT AND
YOUR ACCEPTANCE OF THE STEELASTIC®
CO. PRIVACY
STATEMENT, A LINK TO WHICH IS ALSO PROVIDED BELOW.
The Steelastic® Co. and
its affiliates provide their services to you subject to the following notices,
terms, and conditions. In addition, when you use any service of the Steelastic®
Co. or its Internet Web site(s), you will be subject to the rules, guidelines,
policies, terms, and conditions applicable to that service and you will be
subject to all governing state and federal laws, including applicable patent,
copyright, trademark and other intellectual property laws.
Copyright
This
site, in its entirety, is the sole property of the Steelastic® Co.
or its content suppliers and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all
content on this site is the exclusive property of the Steelastic® Co. and
is protected by U.S. and international copyright laws. All software used on this
site is the property of the Steelastic® Co. or its affiliates and is protected by U.S. and
international copyright laws. The content and software on this site may be used
as a personal shopping and e-commerce resource. Any other use, including the
reproduction, modification, distribution, creation of derivative works,
transmission, republication, display, or performance of the content on this site
is strictly prohibited. The application of this site, into any other site, is
strictly prohibited unless pre-approved by the Steelastic®
Co.
Trademarks
Steelastic®
Co.
Use of Site
By accessing
this site you are agreeing to all of the terms, conditions, and statements
included in this legal statement. The entirety of this site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose that is not expressly permitted by the
Steelastic® Co. The Steelastic® Co. Internet
Web site(s) may not be linked to any other site without prior consent
of the Steelastic®
Co. and its
affiliates reserve the right to refuse service, terminate accounts, and/or
cancel orders at its discretion, including, without limitation, if the
Steelastic®
Co. believes that
customer conduct violates applicable law, disrupts our normal business
activities or is harmful to the interests of the Steelastic®
Co. and its affiliates.
E-Mail
By
registering or placing an order with us, you are consenting to receive e-mail
from us regarding your registration or your order. Additionally, by registering
or placing an order with us, you are consenting to receive commercial e-mail and
mailed promotional product information from us.
Third Party Property
You agree that you may upload to the software files or otherwise transmit on or
through the Steelastic® Co. Internet Web site(s), only content that is not
subject to any rights of any third parties, or content in which any holder of
such rights has given express authorization for distribution on the Internet.
By submitting content to the Steelastic® Co., you automatically grant, or warrant that the owner
of such content has expressly granted, the royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform and
display such content (in whole or part) worldwide and/or to incorporate it in
other works in any form, media, or technology now known or later developed for
the full term of any rights that may exist in such content.
Reviews and Comments
If, at any
time, the Steelastic® Co. enables site visitors to post reviews of and comments
on products featured on the site, then the party posting that comment or review
grants the Steelastic® Co. and
its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such reviews and comments
throughout the world in any media. You also grant the Steelastic®
Co. and its affiliates
the right to use the name that you submit with any review or comment, if any, in
connection with such review or comment.
Risk of Loss
All items
purchased from the Steelastic® Co. or
its Internet Web site(s) are made pursuant to a shipment contract. Should there
be shipping errors, the Steelastic® Co. will offer reasonable assistance in the correction of
that error. However, the risk of loss and title for such items pass to you upon
our delivery to the carrier. You must file any such claims with that delivery
carrier.
Display of Products
We use commercially reasonable efforts to ensure that the colors, design and
details of the products displayed on the Steelastic®
Co. Internet Web
site(s) are accurate. However, we cannot and do not guarantee that the colors,
font types, design, paper stock and/or detail, as displayed by your monitor,
will be accurate and we assume no responsibility whatsoever for such difference
in color, design and details.
Defective Products
In the event that you received a defective product, please contact the
Steelastic® Co. within thirty (30) days from the date of your order.
Your sole remedy for any defective product shall be limited to the repair
or replacement of the product. THE
FOREGOING COMPRISES the Steelastic® Co. ENTIRE LIABILITY IN CONNECTION WITH
YOUR TRANSACTION.
The Steelastic® Co. reserves
the right at any time and without notice to change the products, which are
available for order. In the event,
your selected product is no longer available, the Steelastic®
Co. in its sole option
and discretion will either make a substitution or refund your purchase price.
Sales Tax
In accordance with various statutes, the Steelastic®
Co. is required to
collect sales tax on any purchase of products shipped to customers located in
the states of all fifty states, the District of Columbia and other locations as
mandated by law. Tax rates, the
terms specified herein and the items subject to tax are subject to change at
anytime.
Prohibited Conduct and Use
You agree to use the Steelastic® Co. Internet Web site(s) only for lawful purposes.
You are expressly prohibited from placing any message in any product or
otherwise transmitting through the Steelastic® Co. any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically or otherwise objectionable material of any kind, including
without limitation, any material that encourages conduct that would constitute a
criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national or international law (collectively,
"Prohibited Conduct"). You
agree and acknowledge that the Steelastic® Co. is
not responsible or liable to you or any other party for any Prohibited Conduct
by any user of the Steelastic® Co. Internet Web site(s) at any time.
Notwithstanding anything in this Legal Statement to the contrary, the
Steelastic®
Co. is in no way
obligated to monitor any user's use of the Steelastic®
Co. Internet Web
site(s) or to monitor, retain, review
and/or edit the contents of any message sent in a product or otherwise
transmitted through the Steelastic® Co. Internet Web site(s). However, the Steelastic® Co. does
reserve the right, at any time, to monitor, review, retain, edit and/or disclose
any information as we determine necessary, in our sole discretion, to: (i)
satisfy any applicable law, regulation, legal process or governmental request;
(ii) protect and defend our rights and property; (iii) enforce this Legal
Statement; (iv) protect against misuse or unauthorized use of the Steelastic®
Co. Internet Web
site(s); and (v) protect the interests of our users or the public.
You are expressly prohibited from using a false e-mail address or other
identifying information. Further,
you may not send products (with or without messages) to people or other entities
on mailing lists that you do not have full rights to use.
Linked Sites
The Steelastic® Co. Internet Web site(s) may contain links to other web
sites solely for your convenience. The Steelastic® Co. does
not endorse nor make any warranties or representations about any web site you
may access through a link from the Steelastic® Co. Internet Web site(s). You agree and acknowledge that you and not the
Steelastic®
Co. assume all risk for
any dealings or transactions of any nature, including without limitation, the
purchase of any products or services from, or the reliance upon any information
or materials contained in, such linked sites.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL THE
STEELASTIC® CO. BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS,
GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THE STEELASTIC®
CO. INTERNET WEB SITE
(S), THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE STEELASTIC®
CO. INTERNET WEB SITE
(S), EVEN IF THE STEELASTIC® CO OR A STEELASTIC®
CO. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE
STEELASTIC®
CO 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF ANY PRODUCT
ON THE STEELASTIC®
CO. INTERNET WEB SITE (S). APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Disclaimer
THE CONTENT, MATERIALS AND PRODUCTS ON THE STEELASTIC®
CO. INTERNET WEB SITE (S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE STEELASTIC®
CO. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE STEELASTIC®
CO. DOES NOT WARRANT THAT THE OPERATION OF THE STEELASTIC® CO. INTERNET WEB SITE (S), OR THE FUNCTIONS
CONTAINED IN THE CONTENT, MATERIALS, OR PRODUCTS, WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE STEELASTIC®
CO. INTERNET WEB SITE (S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THE
STEELASTIC®
CO. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS
OF THE USE OF THE CONTENT, MATERIALS, OR PRODUCTS IN THE STEELASTIC®
CO. INTERNET WEB SITE (S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT THE
STEELASTIC®
CO.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE STEELASTIC®
CO. RESERVES THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY. IN THE EVENT OF
ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON
THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
Usage by Children
THE STEELASTIC® CO. does not solicit the use of the STEELASTIC®
CO. Internet Web site(s) or purchase of products offered on the STEELASTIC®
CO. Internet Web site(s) by minors. However,
the STEELASTIC®
CO. cannot prevent such use or purchase and cannot prevent minors from visiting
the STEELASTIC®
CO. Internet Web site(s). Parents,
guardians and those responsible for supervising minors are solely responsible
for determining what materials, products and services are suitable for such
children to view and/or purchase.
The STEELASTIC®
CO. requires that use of the STEELASTIC® CO. Internet Web site(s) be made either by: (a) individuals 18 years old or older; or (b) individuals
under 18 years of age under the direct supervision of a parent, guardian or
other responsible individual with such parent, guardian or other responsible
individual's verifiable permission for such use, including the collection by the
STEELASTIC® CO. of certain information in accordance with this Legal Statement.
In addition, The STEELASTIC®
CO. requires that any purchase from the STEELASTIC®
CO. Internet Web site(s) be by: (a)
individuals of legal age; or (b) by minors under the direct supervision of a
parent, guardian or other responsible individual with such parent, guardian or
other responsible individual's verifiable permission for such purchase. EACH TIME YOU USE THE STEELASTIC®
CO. INTERNET WEB SITE (S) OR PURCHASE A PRODUCT OR SERVICE FROM THE STEELASTIC®
CO. INTERNET WEB SITE (S), YOU ARE REPRESENTING THAT YOU ARE EITHER:
(A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THE STEELASTIC®
CO. INTERNET WEB SITE (S) AND PURCHASING SUCH PRODUCT OR SERVICE UNDER THE
SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER
RESPONSIBLE INDIVIDUAL FOR SUCH PURCHASE AND FOR THE COLLECTION OF CERTAIN
INFORMATION IN ACCORDANCE WITH THIS LEGAL STATEMENT.
Jurisdictional Issues
Unless otherwise specified, the materials in the STEELASTIC®
CO. Internet Web site(s) are presented solely for the purpose of promoting
products and services available in the United States, its territories,
possessions and protectorates. THE
STEELASTIC®
CO. makes no
representation that materials in the STEELASTIC®
CO. Internet Web site(s), or the products and services promoted in the
STEELASTIC®
CO. Internet Web site(s), are appropriate or available for use outside the
United States. Those who choose to
access the STEELASTIC®
CO. Internet Web site(s) from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. Software
from the STEELASTIC® CO. Internet Web site(s) is further subject to United States export
controls. No software from the STEELASTIC®
CO. Internet Web site(s) may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods; or
(ii) to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and
warrant that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
Applicable Law
THE
STEELASTIC® CO is incorporated in the State of Delaware, USA. As such, the laws of
the State of Delaware will govern these disclaimers, terms, and conditions,
without giving effect to any principles of conflicts of laws. We reserve the
right to make changes to our site and these disclaimers, terms, and conditions
at any time.
Our Address and Telephone Number
THE
STEELASTIC® CO
1557 Industrial Pkwy.
Akron,
OH 44310 USA
330.633.0505
Effective Date
June
18, 2001