Terms and Conditions
Last updated May 16th, 2022
PLEASE READ THESE TERMS BEFORE YOU USE THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “ACCEPT” BOX AND YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SITE
- Modification of Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date at the top of these Terms, and you waive any right to receive specific notice of any such change. In some cases, we may, in our discretion, provide you with additional notice (such as by adding a statement to the homepage of our Site). Your use of the Site following such revision constitutes your acceptance of and agreement to these Terms, as revised, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms. We reserve the right to remove any content from the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply.
- Ability to Agree to Terms; Intended Users. The Site is intended for adults only. By accessing, providing information through, or otherwise using the Site, you affirm (i) that you are at least eighteen (18) years old, or that you are between the age of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site; and (ii) that you have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms.
- Jurisdiction. The Site is controlled and operated from the United States and is not intended (and shall not be deemed) to be subject to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
- User Permissions; License Grant. Subject to your strict compliance with these Terms, we hereby grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site for your personal and non-commercial purposes only. Any use of the Site and/or the content, information, and/or materials contained on the Site other than as specifically authorized in these Terms, without the prior written permission of JB STEEL™, is strictly prohibited and will result in the immediate and automatic termination of the license granted to you in these Terms. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication, estoppel, or otherwise.
- Accuracy of Site. We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
- Intellectual Property Rights. We, and our respective licensors and suppliers, exclusively own all rights, titles, and interests in and to the content, information, and materials contained in the Site; the selection, arrangement, and presentation of all such content, information, and materials (including information in the public domain); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyrights, trademark rights, and other intellectual property and proprietary rights in and to the foregoing.
You hereby acknowledge and agree that the Site is provided under license, and not sold, to you. The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are either the property of, or used with permission by JB STEEL™, and are protected by copyright, trademark, and other laws, and may not be used except as permitted in these Terms. You do not acquire any ownership interest in or to the Site or its content, or any other rights in or to the Site or its content, other than the right to use the Site in accordance with the license expressly granted in these Terms, which license is subject to all terms, conditions, and restrictions of these Terms. For the avoidance of doubt, JB STEEL™ and its licensors and suppliers reserve and shall retain all of their rights, titles, and interests in and to the Site and its content, and all intellectual property rights arising out of or relating to the Site and its content, subject only to the non-exclusive limited license expressly granted to you in these Terms. Any unauthorized use of the Site and contents thereof may violate copyright laws, trademark laws, laws of privacy and publicity, and/or other laws and regulations.
Certain trademarks, trade names, service marks, and logos used or displayed on the Site are registered and unregistered trademarks, trade names, service marks, and logos of JB STEEL™ and/or our licensors and/or affiliates. Your use of these marks without our prior written consent is strictly prohibited. You may not use any metatags or any other “hidden text” utilizing any of our trademarks, trade names, service marks, or logos without our prior written permission. You may not use any of our trademarks, trade names, service marks, or logos to link to the Site (or any part thereof) without our prior written permission.
Other trademarks, trade names, logos, and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names, logos, and service marks of their respective owners. Nothing contained on the Site or in these Terms grants you or should be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without our prior written permission or the prior written permission of such third party owner. Reference to any product, service, or other information by trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by or affiliation with JB STEEL™.
- Prohibited Uses. As a user of the Site, you agree not to:
You acknowledge and agree that the unauthorized use of the Site and/or content, information, and/or materials contained on the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving damages or posting a bond or other security.
- Feedback; Comments; Submissions. By submitting any questions, comments, suggestions, ideas, feedback, or other information or requests regarding or relating to the Site ("Submissions") to JB STEEL™ through the Site or otherwise, you acknowledge and agree that: (i) the Submissions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Submissions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Submissions already under consideration or development, and we will own all rights, titles, and interests in and to what we create or develop without use of your Submissions; (v) you hereby assign to JB STEEL™, and JB STEEL™hereby accepts, all rights, titles, and interests in and to your Submissions (and all copyright, trademark, trade secret, and other intellectual property rights therein, including, without limitation, all moral rights); and (vi) you are not entitled to compensation or attribution or acknowledgement of any kind for your Submissions.
- Third-Party Website and Content. The Site may contain (or you may be sent via the Site) links to other websites ("Third- Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. YOUR USE OF THIRD-PARTY WEBSITES, RESOURCES, PRODUCTS, AND SERVICES IS AT YOUR OWN RISK. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites. You acknowledge and agree that JB STEEL™ is not responsible or liable for any loss or damage of any sort incurred as the result of the presence of such Third-Party Website and/or Third-Party Content on the Site or your use of any such Third-Party Website and/or Third Party Content.
- Audits; Enforcement; Site Management. We have the right, but no obligation, at any time and with any frequency and in our sole discretion, to: (1) audit your use of the Site to determine your compliance with these Terms and monitor the Site for violations of these Terms; (2) take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including, without limitation, our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful or infringes a third party’s rights, or to enforce or defend our rights); and (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
- Term; Termination; Discontinuation.
13.1. Term. These Terms shall remain in full force and effect while you access and use the Site (or any content, information, or materials therein).
13.2. Termination of Your Access to the Site. Unless prohibited by law, we may, at any time, for any reason, and in addition to all other rights and remedies, terminate and/or block your access to or use of the Site without prior notice to you. We shall not be liable for any termination of your access to the Site. Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
13.3. Your Discontinued Use. You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site.
13.4. Effect of Termination or Discontinued Use. Provisions of these Terms that by their nature or express terms would reasonably be expected to survive termination of these Terms shall survive such termination.
- NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES; LIMITATION OF LIABILITY.
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, AND TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE CONTENT, INFORMATION, AND/OR MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WITHOUT LIMITING THE FOREGOING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION THAT YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THE SITE; AND/OR (ii) ANY CONTENT, INFORMATION, OR MATERIAL OBTAINED ON OR THROUGH THE SITE OR YOUR RELIANCE ON ANY SUCH CONTENT, INFORMATION, OR MATERIAL, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES; LIMITATION OF LIABILITY” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including, without limitation, negligence), or otherwise shall be USD 50.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY ANY DIRECTOR, OFFICER, MEMBER, PARTNER, EMPLOYEE, OR AGENT OF JB STEEL™ OR MADE ON THE SITE MAY BE DEEMED AS A REPRESENTATION OR WARRANTY ON BEHALF OF JB STEEL™ IN CONTRADICTION TO ANY PROVISION OF THESE TERMS.
You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
- INDEMNIFICATION BY YOU. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD JB STEEL™, AND OUR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AND AGENTS, HARMLESS FOR, FROM, AND AGAINST ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF (A) YOUR USE OF OR ACCESS TO, OR ACTIVITIES IN CONNECTION WITH, THE SITE OR CONTENT, INFORMATION, OR MATERIAL CONTAINED ON THE SITE; (B) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF RIGHTS OF ANY THIRD PARTY THROUGH YOUR USE OF THE SITE OR CONTENT, INFORMATION, OR MATERIAL CONTAINED ON THE SITE; OR (C) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR VIOLATION OF THESE TERMS.
- California Consumer Rights Notice. Under California Civil Code Section 1789.3, Site users who are California residents are entitled to the following consumer rights notice: The provider of the Site and associated services is JB STEEL™ with its principal address at at 190 N Ross Ln., Medford, OR 97501, 571-773-8325. As of the Effective Date of these Terms, users are not charged for use of the Site. If you are a California resident, you may report complaints with the services provided through this Site or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
- Modification or Termination of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, remove content from, or otherwise modify the Site (or any part thereof) at any time and for any reason, without notice to you. You agree that we will not be liable to you or any third party for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or our suspension, modification, or discontinuance of, or removal of any content from the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
- Governing Law; Disputes. These Terms, and any claim, dispute, or action relating to the Site and/or your use of or access to the Site are governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any conflicts of laws principles. Any claims arising under these Terms must be brought in a federal or state court located in Multnomah County, Oregon, and you hereby consent to the exclusive jurisdiction of and venue in such courts and waive any claim or defense that such forum is not convenient or proper.
- General. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. You may not assign, transfer, or sublicense any or all of your rights in or obligations under these Terms without our express prior written consent. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of JB STEEL™. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms represent the entire agreement between you and us relating solely to your use of and/or access to the Site. You agree that a printed version of these Terms and of any notice given in electronic form pursuant to these terms shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of or access to the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of or access to the Site or information provided to or gathered by us with respect to such use. Any rights not expressly granted in these Terms are reserved by us.
- Equitable Remedies. To the extent you have violated or threatened to violate JB STEEL™s intellectual property rights; violated or threatened to violate the security of any person, data, JB STEEL™s servers or networks, and/or the Site; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to JB STEEL™, and JB STEEL™ shall be entitled to injunctive or other appropriate relief, including, without limitation, specific performance (without the posting of a bond or other security and without proving damages), and you agree that JB STEEL™ may seek such relief in any court of competent jurisdiction.
- Contact Us. If you have any questions or comments regarding the Site, please contact us through our Contact Us page, or via email at firstname.lastname@example.org.