Your use of Mill Steel’s services
The Services are offered and available to users who have a business relationship with Mill Steel. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Mill Steel and meet all of the eligibility requirements for doing so in the state in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access the Services. The Services are not intended for children under the age of 18 or for users who do not have a business relationship with Mill Steel.
Access and account security
Mill Steel reserves the right to withdraw or amend any of the Services, in its sole discretion and without notice. Mill Steel will not be liable if for any reason all or any component of the Services are unavailable at any time or for any period, or if, as a result of such unavailability, you claim to suffer any damages. From time to time, Mill Steel may restrict access to some Services, or all of the Services, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Services.
If you choose, or are provided with, a user name, password, or any other piece of information, as part of the Services security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity (unless your business shares a unique credential). You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify Mill Steel immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual property rights
The Services and their content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Mill Steel, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of the Services, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
You may utilize the Services provided you agree to these Terms.
You must not:
- Modify any materials on the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of the Services.
- Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of the Services.
Mill Steel’s name and logo, and all related names, logos, product, and service names, designs, and, slogans are the property of Mill Steel. Mill Steel is the trademark holder of its name and logo, as well as names and logos of the Services. You must not use such marks without the prior written consent of Mill Steel. All other names, logos, product, and service names, designs, and slogans displayed via the Services are the trademarks of their respective owners.
- 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 United States or other countries).
- To transmit, or procure the sending of, any advertising or promotional material inconsistent with the Services, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or other personally identifying characteristics associated with such a person or entity.
- To use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any manual process to monitor or copy any of the material displayed via the Services or for any other unauthorized purpose without first obtaining Mill Steel’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- 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 Services, the server(s) which facilitate access to the Services, or any server, computer, or database connected to the Services.
- Attack any Mill Steel computer or server via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the functionality of the Services.
Monitoring and enforcement; termination
Mill Steel and its agents at all times shall have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Use the services at your own risk
You agree that your access to and use of the Services is at your own risk. Mill Steel will have absolutely no responsibility for any harm that results from your access to or use of the Services.
Disclaimer of warranties
You understand that Mill Steel cannot and does not guarantee or warrant that files downloaded via the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. MILL STEEL WILL 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 SERVICES OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SERVICES.
YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES OR ITEMS OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MILL STEEL NOR ANY PERSON ASSOCIATED WITH MILL STEEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MILL STEEL NOR ANYONE ASSOCIATED WITH MILL STEEL REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVERS THAT FACILITATE THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
MILL STEEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on liability
IN NO EVENT WILL MILL STEEL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT ACCESSED VIA THE SERVICES, OR SUCH OTHER WEBSITES OR ANY APPLICATION OR SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES OR APPLICATIONS OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
If you grant an employee, agent, volunteer, contractor, or other third-party access to your data, such third-party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall Mill Steel be liable for any action taken by such a third-party, including, but not limited to, data loss, data corruption, a violation of Content Standards, and any action on another site or via a different entity which the third-party uses your data accessed via the Services.
No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its principles of conflicts of laws. By using one of the Services, you irrevocably submit to the exclusive jurisdiction of the courts of the State of Michigan located in Kent County, Michigan, and the United States District Court for the Western District of Michigan for the purpose of any suit, action, proceeding, or judgment relating to or arising out of these Terms. You irrevocably (i) consent to the jurisdiction of any such court in any such suit, action, or proceeding and to the laying of venue in such court; (ii) waive any objection to the laying of venue of any such suit, action, or proceeding brought in such courts; and (ii) waive any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
The Services are controlled by facilities in the United States of America. Mill Steel makes no representations that any of the Services are appropriate or available for use in other locations. If you access the Services from any location outside the United States of America, you do so at your own risk, and you are solely responsible for your compliance with all local laws and regulations.