Scope of Terms
Welcome to our website and the services of Storm Manufacturing Company d/b/a/ Storm Copper Components, Co., its subsidiaries and QuickShipMetals.com (collectively the “Company”) available at this website and other websites of the Company (collectively, the “Website”). The Website and services and products offered are intended for access to the domains and content associated with the Website including, but not limited to, product description and information, manuals, product purchases, articles, reference and communication tools, message boards and search services (collectively the “Service”). The Service is owned and operated by the Company. When we refer to “us,” “our,” “we” and words of similar import, we mean the Company. Reference to “Website” means this internet website and all other Websites of the Company. Reference to the Website includes the Website and the Service, or either of them as the context implies.
Access to the Website is provided in accordance with the following terms (“Terms”). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.
Note that special terms might apply to some services, products or features offered on certain other Websites of the Company. These terms are posted in connection with the applicable service, product or feature. Any such terms are in addition to these Terms of Usage, and in the event of a conflict, prevail over these Terms of Usage.
General Usage Rules
You agree not to disrupt, modify or interfere with Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with Website.
Other than connecting to service provider's servers by http requests using a web browser, you may not attempt to gain access to our service provider's servers by any means. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
Terms and Conditions for Purchases of Products.
All orders are subject to the Company’s standard conditions and terms of sale, unless otherwise agreed to in writing by the Company. These terms and conditions are available for review here. (make the word “here” where it can be clicked on to take them to your terms and conditions of sale).
You acknowledge and agree that the Website and the information, content and software presented to you through or by the Website or used in connection with the Website, including user look and feel, contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part. You may not, without the prior written permission of the Company, “mirror” on any other server any material contained on any Company Website.
You may look at the Website online, download individual articles or manuals to your personal or handheld computer for later reading, and even print a copy of an article or manual for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms.
We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Website subject to the Terms. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes unauthorized copying or distribution of any of the content displayed or used in the Website or creating an unauthorized derivative work. You may not sub-license, transfer, sell or assign your right to access or use Website to any third party without prior our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Terms.
Some services on the Website permit or require you to create an account to participate or order products or services. Any such participation is voluntary on your part. If you elect to participate, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Company Website. We may suspend or terminate your account and you ability to use any Company Website or portion thereof for failure to comply with these Terms or any special terms related to a particular service, product or feature.
Information Provided by You
You acknowledge that any Information that you upload to any section of the Website that is available for public comment such as a blog or chat room is a public and not private communication and you have no expectation of privacy with regard to such Information. You are responsible for any Information which you upload.
You understand and agree that any Information uploaded to the site by anyone other than the Company that you use or rely upon is at your own risk and the Company has no responsibility for the accuracy of any such Information. Therefore, you should be careful and exercise common sense and good judgment in relying upon any such Information.
Restrictions Applicable to Use
In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; (b) Information that is unlawful, illegal, harmful, obscene, defamatory, harassing, abusive, bigoted, hateful, racially or otherwise offense or slanderous in our sole opinion; (c) Information that is harmful to minors in any way; (d) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, (e) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); or (f) infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (3) any confidentiality obligation. We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any user submission from any Company Website that violates these Terms. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, (d) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.
The Website may contain links to third party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by the Company of the contents of such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.
Disclaimers of Warranties
WE PROVIDE THE WEBSITE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER ON LIMITATION OF WARRANTIES AND LIMITATIONS OF DAMAGES IS IN ADDITION TO ANY DISCLAIMER OR LIMITATION OF WARRANTIES AND ANY LIMITATION OF DAMAGES APPLICABLE TO ANY PRODUCTS YOU PURCHASE ON THE WEBSITE.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us by means of the Contact Us link on the bottom of the first page of the Website.
Termination and Modification
You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination shall include, but not be limited to, (a) violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) technical or security issues or problems.
The Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us concerning the Website and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Place for Resolving Disputes
The law of the State of Tennessee governs this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a state court located in Hamilton County, Tennessee. You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE COURTS IN HAMILTON COUNTY, TENNESSEE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN HAMILTON COUNTY, TENNESSEE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
Acceptance of Agreement
Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Users warrant and represent that they are at least eighteen (18) years of age. Users and the person accepting this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such person is duly authorized by all necessary and appropriate corporate or other action to accept this contract on behalf of the user.