TERMS AND CONDITIONS OF USE
Agreement between User and thyssenkrupp Materials NA, Inc.
This website (the "Site") is provided by thyssenkrupp Materials NA, Inc., (hereinafter, "ThyssenKrupp," "we," "us," or "our") and is subject to these terms, conditions and notices and all modifications thereto (the "Terms and Conditions"). "You" and "your" refer to each company, supplier, or individual that uses this Site. The following Terms and Conditions constitute a legal agreement.
Unless otherwise indicated, use of this Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You may display and electronically copy, download and print hard copies of portions of the material from the Site solely for your own noncommercial use. You agree that you do not acquire any ownership rights in any such materials as a result of downloading such materials from the Site. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content on this Site, without prior written permission of thyssenkrupp is strictly prohibited.
We may prohibit or enjoin any conduct or use of the Site that restricts or prevents other users from using the Site, and we have the right to deny access to anyone we deem unfit to use the Site for any reason or no reason. Notwithstanding the above, we have no obligation to monitor the use of the Site, but we reserve the right to do so.
These Terms and Conditions, as well as all content on the Site, are subject to change without notice. Furthermore, thyssenkrupp may discontinue or modify any aspect of the Site without notice or liability. Your continued use of the Site following the posting of any such changes means that you accept and agree to them. You are expected to check this page periodically to ensure you are aware of any changes, as they are binding on you.
Copyrights and Trademarks
The entire content of the Site, including but not limited to text, design, graphics, interfaces, code and the selection and arrangement thereof is the sole and exclusive property of thyssenkrupp. Copyright thyssenkrupp Materials NA, Inc. All rights reserved. All trademarks, service marks, trade names, logos, product and service names, designs and slogans used in this Site are the property of thyssenkrupp Materials NA, Inc., or its affiliates or are used herein by permission of the owner.
Nothing within these Terms and Conditions and this Site shall be construed as conferring any rights or licenses to any of our or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- To impersonate or attempt to impersonate thyssenkrupp, a thyssenkrupp employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm thyssenkrupp or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site;
- Introduce any viruses, “Trojan horses,” worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Site.
Limitation of Liability
Your use of this Site is at your own risk. THYSSENKRUPP DISCLAIMS ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE REGARDLESS OF WHETHER THYSSENKRUPP HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, THYSSENKRUPP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY-HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. If you are dissatisfied with any materials or information provided on this Site, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend, indemnify and hold harmless thyssenkrupp, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site, including, but not limited to, any use of the Site's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
This Site may contain links to Internet sites not under the control of thyssenkrupp. These links are provided solely as a convenience to users and therefore, you access them at your own risk. Any link provided on this Site is not an endorsement by thyssenkrupp of that site or any of its contents, products, or services contained or offered therein and is not to imply that ThyssenKrupp has reviewed, is responsible for, sponsors, endorses, is affiliated with or associated with the linked site. These Terms and Conditions and thyssenkrupp`s Privacy Statement, contained herein, are specifically not applicable to any linked site. Therefore, you should review the Terms and Conditions and Privacy Statement of any linked site before submitting personal information.
You may not: (i) link to the home page of this Site; (ii) link to any internal pages of this Site; (iii) link directly to any graphics or files on this Site; or (iv) frame or mirror any part of this Site.
Except for personal information provided per the Privacy Statement, any information, material or communication, including but not limited to feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, submitted to thyssenkrupp is considered non-confidential and non-proprietary. thyssenkrupp is free to use, copy, modify, adapt, publish, translate, distribute and/or incorporate such into other works for any and all purposes, commercial or noncommercial.
Applicable Laws and International Users
Your use of this Site shall be governed in all respects by the laws of the State of Michigan, USA, without regard to its choice of law provisions. You agree by accessing this Site that jurisdiction over, and venue in, any legal proceedings directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in the State of Michigan. thyssenkrupp makes no representation that materials in this Site are appropriate or available for use in locations outside of the USA, and access to this Site from territories where the content is illegal is prohibited. Those who access this Site from locations outside the USA are solely responsible for compliance with all local laws.
Term & Termination Provisions
thyssenkrupp is dedicated to protecting your privacy while you are using or accessing the Site. This Privacy Statement applies solely to the thyssenkrupp Site. Once you enter another web site, via a link provided on the Site or by other methods, thyssenkrupp is no longer responsible for the privacy practices of the linked site. You should review the privacy statements of those web sites as posted on the individual web sites. thyssenkrupp reserves the right to collect use and user statistics from the Site. Use and user statistics will be used to track information such as visitor interests, which may be used to enhance and improve the Site in the future; however, such use and user statistics do not include personally identifiable information. Generally, no personally identifiable information is tracked or collected on the generally accessible portions of the Site, unless you voluntarily provide such information to thyssenkrupp via web forms or surveys on the Site. However, if you access certain portions of the Site by using a particular account authorized by thyssenkrupp and/or a user name and password created by the account holder, certain information including your user name and password will be collected and identified with the information thyssenkrupp has on file for that user name, and the information and materials you access and actions you take while logged on with that user name, will be tracked by thyssenkrupp.
thyssenkrupp does not sell or otherwise distribute names or other personally identifiable information to third parties for direct marketing, sales or any other purposes. Except as noted herein, any personally identifiable information received by thyssenkrupp is used solely for internal thyssenkrupp purposes and is not shared with any nonaffiliated organizations.
The Site is not designed or intended to attract children under the age of 13. thyssenkrupp does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13. If a parent or guardian accesses the Site on behalf of a person under the age of 13, that parent or guardian is responsible for protecting that child`s personally identifiable information.
thyssenkrupp Materials NA, Inc., at its own discretion may require any user of this Site to submit any disputes arising from the use of this Site or these Terms and Conditions to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association.
The Terms and Conditions and our Privacy Statement constitute the sole and entire agreement between you and thyssenkrupp with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.