Terms & Conditions

Last Updated: May 21, 2018.

These Terms and Conditions (“Terms”) are entered into between you and Maysteel Industries, LLC (referred to as “Maysteel”, “us”, “our” or “we”) and represent a legal agreement between you and Maysteel. By accessing the website www.maysteel.com (“Website”), you are agreeing to abide by the following Terms, which govern all use of this Website and the services available through Website (“Services”). Please take a few minutes to read this agreement before accessing or using the Website. These Terms, together with any documents they expressly incorporate by reference, including the Privacy Policy, govern your access to and use of the Website and Services. If you do not agree with any of these Terms or do not wish to be bound by these Terms, your only option is to not use or access this Website.

We reserve the right, at our sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. These Terms control the relationship between Maysteel and you. They do not create any third party beneficiary rights. Maysteel also reserves the right to suspend and/or deny access to the Website or any Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

Age and Jurisdiction

This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions only. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Maysteel and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.  If you are eighteen (18) years of age, but reside in a jurisdiction outside the United States and its territories and possessions, you acknowledge and agree that you use the Website at your own risk, and that you agree to be bound by these Terms, regardless of any conflicting provisions applicable in your country of residence.

Use of Services

In order to access or use some Services, you may be required to provide current and accurate information including your name, phone number, email address and such other information. You are solely responsible for any information you provide to us. You represent and warrant that your personal information is true, legal, accurate, non-fraudulent and solely yours. You may not impersonate, imitate or pretend to be somebody else when providing any information on the Website.

You authorize Maysteel to use the information you supply to us in connection with the Services and in accordance with these Terms. We may use and share the information you provide as described in our Privacy Policy.

Third Party Services

If the Website provides with you with an opportunity to engage with third party services, provides you with information pertaining to third party services or provide you with links to third party websites and services (“Third Party Services”), these Third Party Services are provided for your convenience only. Maysteel does not have any control over these Third Party Services, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

These Terms do not apply to any Third Party Services and does not govern the practices of such Third Party Services. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Services. If you decide to access any of the Third Party Services linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Services.

Proprietary Rights

If you are eligible to use the Website and the Services, Maysteel grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the Website solely under the terms and conditions provided hereunder.

Maysteel and/or its licensors own the Website and Services, including all software and other technology provided or employed by Maysteel in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Website, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. It is clarified that “Maysteel” is a registered trademark of Maysteel and all related names, logos, product and service names, designs, and slogans used on the Website are trademarks of Maysteel or its affiliates or licensors.  Maysteel does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Website, as set forth herein and subject to these Terms.

The Website may contain also contain intellectual property of third parties, including service marks and trademarks. Your use of this Website or the Services does not give you any right or license to use such intellectual property, without the prior written permission of the corresponding intellectual property owner.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

All rights not expressly granted herein are reserved by Maysteel. Your use of this Website does not grant you ownership rights of any kind in the Website.

Confidentiality

As a result of your use of the Services and the Website, whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business (“Our Information“). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of these Terms. Any disclosure of Our Information to a third party, specifically including a direct competitor, is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, you acknowledge that Our Information is proprietary, confidential, and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.

User Conduct

In using the Website and Services, you agree (i) not to send to Maysteel or upload onto or through the Website any information unless you have consent to do so; and (ii) that you will not:

  • violate any applicable international, country, province, federal or state laws, regulations or rules (collectively, “Laws“) as a result of your use of the Website;
  • make any information available to Maysteel if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
  • transmit any information, data, images, or other materials or post any content on the Website that  contain vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate, or are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
  • provide any false personal information on Maysteel;
  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • violate or attempt to violate the security of any of the Services, including by: logging or attempting to log in to a server or account that you are not authorized to access; testing, scanning, probing or hacking the vulnerability of the Website or any network used by the Website or to breach security, encryption or other authentication measures or attempting to do any of the foregoing; or interfering with the Website by overloading, flooding, pinging, mail bombing or crashing it or attempting to do any of the foregoing;
  • reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, algorithms or any other aspect or element of any portion of the Website;
  • “scrape,” copy, transfer, transmit or display any information, data, software, interfaces, code, widgets, tools or other materials contained in or accessible by means of the Website (“Maysteel Information”) from the Website, or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, bots or robots, avatars or intelligent agents) to navigate or search any portion of the Website, other than through use of the search engine and search agents available from Maysteel on the Website and generally available to third party web browsers (e.g., Mozilla Firefox, Google Chrome, Apple Safari and Microsoft Internet Explorer); or
  • harvest or collect Maysteel Information, email addresses or other contact information of other users from the Website or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

Additional Restrictions/Obligations

  • You may not collect, develop or derive for commercial sale any data in any form that incorporates or uses any Maysteel Information.
  • You may not modify, copy, distribute, download for storage on a hard drive or any other storage media, display, use, publish, license, create derivative works from, transfer or sell any Maysteel Information.
  • You shall: (i) provide true, accurate, current and complete information about yourself when entering your information on the Website; and (ii) maintain and update this information to keep it true, accurate, current and complete.
  • You shall abide by all copyright notices or restrictions contained in any content accessed through the Website.

Reliance on Information Posted 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Maysteel. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Release of liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MAYSTEEL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING ALL THE MATERIALS, INFORMATION, SERVICES, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAYSTEEL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MAYSTEEL DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAYSTEEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MAYSTEEL MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. MAYSTEEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You hereby agree to indemnify, defend, and hold harmless Maysteel and it’s subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, agents, representatives and approved and permitted licensees and assigns from any and all loss and damage (including, without limitation, reasonable fees and disbursements of counsel incurred by Maysteel in any action or proceeding between Maysteel and an affiliate or between any third party and Maysteel or otherwise) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Services, including but not limited to your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the State of Wisconsin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Change in Control

In the event of a change of control of Maysteel or the sale of substantially all of Maysteel’s assets or other corporate event, all rights of Maysteel hereunder shall be transferable without notice to you.

Contact

If you have any questions about these Terms, you may contact us at socialmaysteel@maysteel.com