Alliance Metals USA. Terms of Use Agreement

This Terms of Use Agreement (the “Agreement”) describes the terms and conditions applicable to your
use of the web site which is identified by the uniform resource locator (the “Site”). This Agreement is entered into between you as the user of the Site
(the “User”) and Alliance Metals USA. (“”).
1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose,
regardless of whether such User has registered with as a registered user or
whether such User is a paying customer for a specific service provided by A
User includes the person using this Site and any legal entity which may be represented by such
person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this
Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to
your access or use of this Site and any further upgrade, modification, addition or change to this Site. If
you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 This Agreement applies to each Paid Service (as defined below) in addition to any terms and
conditions that may be applicable to such specific Paid Service.
1.4 may amend this Agreement at any time by posting the amended and
restated Agreement on the Site. The amended and restated Agreement shall be effective immediately
upon posting. This Agreement was last amended on May 6, 2016. Posting by of
the amended and restated Agreement and your continued use of the Site shall be deemed to be
acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by
an authorized officer of
2. Charges and Fees; Paid Products
2.1 provides certain services to Users who have undergone a specific
registration process and agreed to pay for such products (“Paid Products”). Access to and use of certain
features and content of the Site that are part of a Paid Service are governed by additional terms and
conditions under separate agreements in addition to this Agreement.
2.2 The following features of the Site, among other things, are part of Paid Products:
a) Submit, edit and display of user information.
b) Alliance Metals USA reserves the right to deny Paid Products to any User for whatever reason in order
to protect ‘s interests.
3. Users Generally.
3.1 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it
shall not copy, reproduce or download any information, text, images, video clips, directories, files,
databases or listings available on or through the Site (the “ Content”) for
the purpose of re-selling or re-distributing the Content, mass mailing (via
emails, wireless text messages, physical mail or otherwise), operating a business that competes with, or otherwise commercially exploiting the Content.
3.2 Some of the Content displayed on this Site is provided or posted by third
parties (“Third Party Content”). Neither nor any of our affiliates, directors,
officers or employees has entered into any sales agency relationship with such third party by virtue of display of the Third Party Content on the Site. Any Third Party Content is the
sole responsibility of the party who provided the content. is not responsible for
the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to
any User in connection with such User’s reliance of such Third Party Content. In addition, is not responsible for the conduct of any User’s activities on the Site, and shall
not be liable to any person in connection with any damage suffered by any person as a result of such
User’s conduct.
3.3 may allow Users access to content, products or services offered by third
parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third
party’s web site. User acknowledges that has no control over such third party’s
web site and shall not be responsible or liable to anyone for such web site, or
any content, products or services made available on such web site.
3.4 Messages or information sent by a User through communication systems provided by the Site, or
through emails, fax or letters to addressees obtained from the Site, shall not contain any of the
materials described in the provisions of Section 5.5 below.
3.5 reserves the right to limit, deny or create different access to the Site and its
features with respect to different Users, or to change any of the features or introduce new features
without prior notice. Each User acknowledges that inability to use the Site wholly or partially for
whatever reason may have adverse effects on its business. Each User hereby agrees that in no event
shall be liable to the User or any third parties for any inability to use the Site
(whether due to disruption, limited access, changes to or termination of any features on the Site or
otherwise), any delays, errors or omissions with respect to any communications or transmission, or any
damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site
or any of its features.
3.6 No User shall undertake any scheme to undermine the integrity of the computer systems or
networks used by and/or any other User and no User shall attempt to gain
unauthorized access to such computer systems or networks.
3.7 We urge that you read Privacy Policy which governs the protection and use
of each User’s information in Each User hereby accepts the Privacy Policy and
any updates and amendments thereto. Each User acknowledges that may
change the Privacy Policy from time to time provided that shall make available
the updated version of the Privacy Policy on the Site at all times Your continuation of use of the Site
shall be deemed to be your acceptance of the Privacy Policy which is then displayed on the Site at the
time of such use.
4. Registered Users
4.1 Each User who has filled out an on-line registration form on the Site by giving its information (such
as name, address, telephone and fax number, email address, details of its business, etc.) is a registered
user of (a “Registered User”). will establish an account
(“Account”) for each Registered User and each Registered User is assigned a user alias (“User ID”) and
password (“Password”) for log-in access to its own Account.
4.2 Registered Users shall not access or enjoy the benefits of any Paid Services without payment for such
services; provided, however, that may permit such free access or enjoyment of
Paid Services by a Registered User on a case-by-case basis; provided, further, that the right at any time to deny access to any Paid Service (including but not
limited to termination of the Account of such Registered User) if the Registered User has not paid the relevant charges and fees under the terms of such Paid Service.
4.3 may suspend or terminate a Registered User’s Account at any time by giving
no less than 24-hour notice to the Registered User; provided, however, that notice is not required for
such termination if, in determination, there is any breach of the provisions of
this Agreement by the Registered User.
4.4 Notwithstanding Section 4.1 above, may refuse registration and deny the
issuance of an Account and associated User ID and Password to any User for whatever reason.
5. Users Who Post Information on
5.1 You must be a Registered User in order to post information on the Site using the self-help submit
and edit tools provided through the Site. Your status as a Registered User is governed by the provisions
of Section 4 above.
5.2 No sales agency relationship is created between any User and, our affiliates,
directors, officers or employees by virtue of display of any of the User’s
information on the Site.
5.3 Each User hereby represents, warrants and agrees to (a) provide with true,
accurate, current and complete information to be displayed on the Site and (b) maintain and promptly
amend all information to keep it true, accurate, current and complete. Each User hereby grants an
irrevocable, perpetual, worldwide and royalty free license to to display and use
all information provided by such User in accordance with the purposes set forth in this Agreement. Each
User further agrees that by posting any material or information anywhere on the Site it surrenders its
copyright and any other proprietary right in the posted material or information.
5.4 Each User hereby represents, warrants and agrees that it has obtained all necessary third party
copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any
material or information it posts on the Site or provides to or authorizes to display does not violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such
5.5 Each User hereby represents, warrants and agrees that information submitted to for display on the Site shall not:
(a) contain fraudulent information or make fraudulent offers of items or involve the sale or attempted
sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable
law, or otherwise promote other illegal activities;
(b) be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
(c) relate to sale of products or services that infringe or otherwise abet or encourage the infringement or
violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or
(d) violate any applicable law, statute, ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition, anti-discrimination or false
(e) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain or infer any pornography or sex-related merchandising or any other content or
otherwise promotes sexually explicit materials or is otherwise harmful to minors;
(g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(h) contain any material that constitutes unauthorized advertising or harassment (including but not
limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise violate any law or regulation;
(i) solicit business from any Users in connection with a commercial activity that competes with; or
(j) contain any computer viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software or hardware system, data or
personal information.
5.6 reserves the right in it sole discretion to remove any material displayed on
the Site which it reasonably believes is unlawful, could subject to liability,
violates this Agreement or is otherwise found inappropriate in opinion. reserves the right to cooperate fully with governmental authorities, private
investigators and/or injured third parties in the investigation of any suspected criminal or civil
wrongdoing. In connection with any of the foregoing, may suspend or terminate
the Account of any User as deems appropriate in its sole discretion.
6. Limitation of Liability
6.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole
discretion and risk and each User is solely responsible for any damage to its computer system or loss of
data that may result from the download of any such material. No advice or information, whether oral or
written, obtained by any User from or through or from the Site shall create any
warranty not expressly stated herein.
6.4 Under no circumstances shall be held liable for an delay or failure or
disruption of the content or services delivered through the Site resulting directly or indirectly from acts
of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures,
computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms,
explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
6.5 Each User hereby agrees to indemnify and save, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from such User’s use of the Site (including but not limited to the
display of such User’s information on the Site) or from its breach of any of the terms and conditions of
this Agreement. Each User further agrees that is not responsible and shall have
no liability to it, for any material posted by others, including defamatory, offensive or illicit material and
that the risk of damages from such material rests entirely with each User.
6.6 shall not be liable for any special, direct, indirect, punitive, incidental or
consequential damages or any damages whatsoever (including but not limited to damages for loss of
profits or savings, business interruption, loss of information), whether in contract, negligence, tort or
otherwise or any other damages resulting from any of the following:
(a) the use or the inability to use the Site;
(b) any defect in goods, samples, data, information or services purchased or obtained from a User or a
third party service provider through the Site;
(c) unauthorized access by third parties to data or private information of any User;
(d) statements or conduct of any User of the Site; or
(e) any matters relating to Paid Services however arising, including negligence.
7. Intellectual Property Rights
7.1 Alliance Metals USA is the sole owner or lawful licensee of all the rights to the Site and the Content. The Site and Content embody trade secrets
and intellectual property rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and Content shall remain with, its affiliates or licensors of the Content, as the case
may be. All rights not otherwise claimed under this Agreement or by are hereby
7.2 “” and related icons and logos are registered trademarks or trademarks or
service marks of Alliance Metals USA in various jurisdictions and are protected under applicable
copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
8. Notices
8.1 All notices or demands to or upon shall be effective if in writing and shall be
duly made when sent to Attn: Corporate Counsel. Contact Us for our mailing
8.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by
courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address
provided by the User to Alliance Metals USA. Notice to a User shall be deemed to be received by such
User if and when (a) is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User, or (b) immediately upon
posting such notice on an area of the Site that is publicly accessible without charge.
9. General
9.1 Subject to any additional agreements relating to Paid Services, this Agreement and the Privacy Policy
constitute the entire agreement between the User and with respect to access to
and use of the Site, superseding any prior written or oral agreements in relation to the same subject
matter herein.
9.2 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced.
9.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope
or extent of such section.
9.4 failure to enforce any right or failure to act with respect to any breach by a
User under these terms and conditions will not waive that right nor waives right
to act with respect with subsequent or similar breaches.
9.5 shall have the right to assign its obligations and duties in this Agreement and
in any agreement relating to Paid Services to any person or entity.
9.6 This Agreement shall be governed by the laws of the United States without regard to its conflict of
law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of
the United States. Namely the state of Florida.