Electronic Privacy and Use Terms & Conditions
Please Read These Terms Carefully Before Using This Site
This Web site (the “Site”) is provided by Scrap Metal Services, LLC (“SMS”) and may be used for informational purposes only in accordance with the terms and conditions set forth on the Site. By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not access or use the Site or download materials from the Site.
Limited License
Subject to the terms and conditions set forth in this Agreement, SMS grants you a non-exclusive, nontransferable, revocable, limited right to access, download and use this Site and the information and materials thereon only for your personal, non-commercial use or use in the internal operation of your business. Without limitation, the following activities are prohibited: distribution or sale of any material, any commercial use of this Site, downloading or copying of any materials for the benefit of any third party, creation of any hyperlinks to any part of this Site (without prior written permission of SMS), or use of any metatags or hidden text containing any text of this Site or any trademark of SMS. This authorization is not a transfer of title or ownership of the materials.
You agree not to interrupt or attempt to interrupt the operation of the site in any way.
Unless otherwise indicated, SMS owns all copyright and other rights in and to all content on the Site, including without limitation all text, graphics, materials, design, layout, look and feel, and presentation of content (even if certain items or information included in this Site are in the public domain). All copies or reproductions of the materials are subject to the following requirements and restrictions: 1) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; 2) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the materials to any other person without the prior written approval of SMS, and any such person must agree to accept the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Certain elements of the materials and this Site are protected by trade dress, trademark, unfair competition and other laws. SMS retains all rights with respect to its ownership of the materials and the Site and does not grant any express or implied right to you under any patents, trademarks, trade dress, copyrights or trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ANY MATERIALS ON THE SITE, THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION, AND YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. SMS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SMS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, ALL INFORMATION AND MATERIALS ON THE SITE, THE OPERATION OF THIS SITE AND ALL SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, SMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE SMS MAKES NO REPRESENTATION THAT THE SITE, ANY SOFTWARE OR COMPONENTS OF THE SITE, ITS SERVERS OR ANY EMAIL OR OTHER CONTACT FROM THE SITE OR ITS SERVERS ARE FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL SMS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES. IF THOSE LAWS APPLY TO YOU, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, SMS may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SMS makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SMS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SMS or any of its affiliates or subsidiaries.
Information Provided By You
SMS does not want you to, and you should not, send any confidential or proprietary information to SMS via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to SMS will not be considered confidential or proprietary by SMS. By providing any such information or materials to SMS, you grant to SMS an unrestricted, irrevocable, worldwide, perpetual royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that SMS is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SMS. You further recognize that SMS does not want you to, and you warrant that you shall not, provide any information or materials to SMS that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
If you use the Client Access Link or other applications that involve sending information to the Site or its servers, you should be aware that any information sent over the Internet may be intercepted by others. You are responsible for maintaining the confidentiality of any password or account information used in connection with the Client Access Link and other applications.
Changes
SMS reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, or these terms and conditions of use in whole or in part, at any time. Changes in these terms and conditions will be effective immediately when posted. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
SMS may terminate, change, suspend or discontinue any aspect of the SMS Site, including the availability of any features of the Site, at any time. SMS may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. SMS may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all materials.
International Users and Choice of Law
This Site is controlled, operated and administered by SMS from its offices within the United States of America. SMS makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the materials in violation of U. S. export laws and regulations. If you access this Site from any location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions.
These Terms and Conditions of use, which are deemed accepted by you when you use the Site, become an agreement between you and SMS regarding your use of the Site and the materials, and are not modified by any communication between you and SMS. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
