Terms & Conditions of Use

This website is provided by Midwest Metals, Inc. and its affiliates (collectively, “Midwest Metals”).  By accessing the Midwest Metals website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use.  These Terms of Use are subject to change by Midwest Metals at any time in its discretion.  Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes.  Please consult these Terms of Use regularly.

RESTRICTIONS ON USE

All material included on this Site, and any other Site owned, operated, licensed or controlled by Midwest Metals, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Midwest Metals, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws.  Modification or use of the Content except as expressly provided in these Terms of Use violates Midwest Metals’ intellectual property rights.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Midwest Metals, except that:
1.  You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
2.  Any copies of documents or pages from the Site must not alter the original Site content and must include the Midwest Metals copyright notice:  Midwest Metals, Inc. Copyright © 2013 All Rights Reserved.
3.  You may link to this Site provided that the link does not falsely imply or suggest that Midwest Metals has endorsed or is affiliated with the linked Site.

 

Users of the Site must not:
1.  Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2.  Frame or utilize framing techniques to enclose any trademark, service mark, copyright or other proprietary information, including, without limitation, any images, text or page layout.
3.  Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
4.  Attempt to circumvent the security systems of the Site.
5.  Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Midwest Metals server.
6.  Attempt to use the Site for any purposes other than those intended by Midwest Metals, as determined by Midwest Metals in its sole discretion.
7.  Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8.  Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site.  You also agree that, in using this Site, you will not impersonate any person or entity.
The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Midwest Metals becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Midwest Metals reserves the right to revoke your right to these permitted uses.

RESTRICTED ACCESS

Access to certain areas of the Site is restricted.  Midwest Metals reserves the right to restrict access to other areas of the Site, or indeed the whole Site, at Midwest Metals’ discretion.  If Midwest Metals provides you with or you generate a user ID and password to enable you to access restricted areas of the Site or other content, products or services, you must ensure that the password is kept confidential.  You must notify Midwest Metals in writing immediately if you become aware of any unauthorized use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.  You must not use any other person’s user ID and password to access our website, unless you have that person’s express permission to do so.  We may disable your user ID and password at any time in our sole discretion with or without notice or explanation.

PROPRIETARY INFORMATION CONSENT

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material.  If you are not a customer of Midwest Metals and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Midwest Metals, send a request with your proposed use to Webmaster@MidwestMetalsInc.com so that the webmaster may evaluate your proposed use of Midwest Metals’ Site Content.
If the webmaster approves your request to use Midwest Metals’ Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Midwest Metals’ Site for the sole purposes specified in your request form.

 

You agree to all terms below:
1.  Not to modify the documents, publications or graphics
2.  Not to quote materials out of context
3.  To retain and display the copyright notice of Midwest Metals on such Content
Midwest Metals shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the Midwest Metals Site Content.  The foregoing consent does not include permission to copy the design elements, look and feel or layout of Midwest Metals’ Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Midwest Metals’ Site which you propose to use, subject to Midwest Metals’ consent.

DISCLAIMER

Midwest Metals cannot guarantee that the Site or its content is error free and Midwest Metals makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.
This Site is provided by Midwest Metals on an “As Is” and “As Available” basis.  Midwest Metals makes no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third-party rights or intellectual property.  You expressly agree that your use of this site is at your sole risk.  Midwest Metals does not warrant that the information in this site is accurate, reliable, up to date or correct, that this Site will be available at any particular time or location or that the site is free of viruses or other harmful components.  The content may include technical inaccuracies or typographical errors, and Midwest Metals may make changes or improvements at any time.  You, and not Midwest Metals, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this site or its content.  Midwest Metals makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

LIMITATION OF LIABILITY

Neither Midwest Metals, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate.  In no event shall Midwest Metals be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Midwest Metals has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Midwest Metals would not grant access to the Site without your agreement to this term.

INTELLECTUAL PROPERTY

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Midwest Metals.  Nothing posted on this Site grants a license to any Midwest Metals trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

THIRD PARTY TRADEMARKS AND SERVICE MARKS

Trademarks and/or Service Marks displayed on this Site not owned by Midwest Metals are the property of their respective owners, who may or may not be affiliated with Midwest Metals.  Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks or service marks without the written permission of such third party that may own the trademarks and/or service marks.  Your use of the trademarks and service marks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited.  We ask that you respect these rights.

LINKED SITES

This Site may link to or be linked from other websites that are not maintained by, or related to, Midwest Metals. Midwest Metals does not endorse, and is not responsible for, the content of any of those third-party websites.

SALES OF PRODUCTS AND SERVICES

All sales of products and services are subject to Midwest Metals’ standard terms and conditions of sale, a copy of which is available upon request.

INTERNATIONAL USE

Midwest Metals makes no representation that materials on this Site are appropriate or available for use in locations outside the United States.  Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of Ohio.  Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Cleveland, Ohio in Cuyahoga County.

MIDWEST METALS TRADEMARKS, SERVICE MARKS AND COPYRIGHTS

View a list of Midwest Metals’ Trademarks, Service Marks and Copyrights noted as follow:

 

United States Patent & Trademark Office

Registered  ®

Midwest Metals, Inc. – Trademark
® Pending

Secretary of State of Ohio

Registered ™

Midwest Metals, Inc. – Trademark
™ Pending

Secretary of State of Ohio

Registered  SM

Midwest Metals, Inc. – Service Mark
SM Pending

United States Copyright Office

Registered  ©

Midwest Metals, Inc. Website  – Copyright
© Pending

 

Thank you for visiting our Site.  Please contact us if you have any questions at Webmaster@MidwestMetalsInc.com.
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