AGREEMENT BETWEEN USER AND MAJESTIC STEEL
USE OF SITE
You may access, copy, download and print the materials contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content, information, software, products or services information or any other material (“Content”) on the Site, including, but not limited to, modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any Content obtained from the Site, or use of the Site for purposes competitive to Majestic Steel, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Majestic Steel, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a revocable, non-exclusive, non-transferrable license. Majestic Steel neither warrants nor represents that your use of Content on the Site will not infringe rights of third parties not affiliated with Majestic Steel.
CONDUCT ON THE SITE
You may not upload to, distribute or otherwise publish through the Site, including via email, blog, forums, chat, or any other means, any content that is libelous, defamatory, harassing, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, fraudulent, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the Comment Policy, violate the rights of any party or otherwise give rise to liability or violate the law. Impersonation of others, including a Majestic Steel employee, host or representative or other members or visitors on the Site is prohibited. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Some features that may be available on the Site require creation of an account. By creating an account and in consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself. You may never use another’s account.
Some features on the Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Majestic Steel immediately. Majestic Steel may assume that any communications Majestic Steel receives under your password have been made by you unless Majestic Steel receives notice otherwise.
You or third parties acting on your behalf are not allowed to mirror or deep link into this Site or use Majestic Steel’s proprietary marks as meta tags or keyword search terms, without prior written consent from Majestic Steel. These marks include, but are not limited to, MAJESTIC STEEL USA, MAJESTIC STEEL, MAJESTIC STEEL RESEARCH, and (C)ORE. You may not use frames or utilize framing techniques or technology to enclose any Content included on the Site without Majestic Steel’s express written consent.
Majestic Steel may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Submissions or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards or other user forums, and the content of any such Submission. Majestic Steel, however, will have no liability related to a Submission, whether or not arising under the laws of copyright, trademark, libel, privacy, obscenity or otherwise.
You further agree that you will not submit to the Site any Content or other material that is contrary to the Comment Policy, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Majestic Steel does not endorse any Content submitted by any user, or any opinion, recommendation, or advice expressed therein, and Majestic Steel expressly disclaims any and all liability in connection with Content. Majestic Steel reserves the right to remove or edit Content without prior notice.
LINKS TO THIRD PARTY SITES
TRADEMARKS AND COPYRIGHTS
All content on the Site (including, without limitation, text, design, graphics, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Majestic Steel, its licensors or its content providers and is copyrighted as a collective work under the United States and other copyright laws. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Majestic Steel or other respective owners that have granted Majestic Steel the right and license to use such marks. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Majestic Steel reserves all rights not expressly granted in and to the Site and its content.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOW PROCEDURE WILL RECEIVE NO RESPONSE.
To be effective, your notification must (i) be in writing, (ii) be provided to the Majestic Steel designated copyright agent and (iii) include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the designated copyright agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Cuyahoga County, Ohio, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Majestic Steel may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Majestic Steel’s sole discretion.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MAJESTIC STEEL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTION ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. MAJESTIC STEEL, ITS SHAREHOLDERS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS AND THIRD PARTY CONTENT PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY OR OTHERWISE OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAJESTIC STEEL, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. MAJESTIC STEEL, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAJESTIC STEEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
No information or advice obtained through the Site, or any other affirmation of Majestic Steel, by words or actions, shall constitute a warranty.
LIMITATION ON LIABILITY
AVAILABILITY OF PRODUCTS
No representation is made by Majestic Steel as to a particular product or service, or warranty of any kind. Majestic Steel retains the right to discontinue sale or distribution of any product or service referred to on the Site at any time without prior notice or liability.
NO CLASS ACTIONS
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
DISPUTES, JURISDICTION AND APPLICABLE LAWS
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Any hearing shall take place in Cleveland, Ohio.
In no case shall you have the right to assert or file any claim in any court or a right to a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules of the American Arbitration Association; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; and the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorneys’ fees, collection fees, investigation fees and travel expenses.
HOW TO CONTACT MAJESTIC STEEL
Majestic Steel USA, Inc.
31099 Chagrin Blvd., Suite 150
Cleveland, Ohio 44124