IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this
“Agreement”). PLEASE READ THESE LEGAL TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEB SITE. This Agreement
governs your use of this Web Site and is between Independence Tube
Corporation (referred to herein as “ITC”, “we”,
“us”, or “our”) and you, on behalf of yourself
and the customer, distributor, member or supplier for which you have
registered. By using, viewing, transmitting, caching, storing and/or
otherwise utilizing this Web Site, the services, systems or
functionality offered in or by the Web Site and/or the contents of this
Web Site in any way, you have agreed to each and all of the terms and
conditions set forth below. This Agreement also incorporates by reference any other terms, such as
our privacy policy, that can be found by clicking on the relevant link
in this Agreement. If you do not accept all of the terms and conditions
of this Agreement, do not use this Web Site and leave this Web Site
immediately. We reserve the
right, at our sole and absolute discretion, to change, modify, add or
remove portions of these terms and conditions at any time without notice
and unless otherwise indicated, such changes will become effective
immediately; therefore, please check these terms and conditions
periodically for changes. Your continued use of this Web Site following
the posting of changes to this Agreement will mean you accept those
changes. Please print and
retain a copy of this Agreement, as it may be changed from time to time,
for your records.
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This Web Site is owned by and under the control of ITC. Access to and use of this Web
Site and all of ITC’s content, services, materials, information,
databases and systems are subject to these Terms and Conditions, any
other agreements and applicable laws and regulations (including all
export and import laws, regulations and restrictions), all of which are
subject to change and revision from time to time without prior notice. From time to time, ITC may: (a)
supplement or make changes to these Terms and Conditions and other rules
or access and use procedures, documentation, security procedures and
standards for equipment; (b) change the type and location of ITC’s
system equipment, facilities or software; or (c) modify or withdraw any
particular service or product referred to in this Web Site or any ITC
database, material, service or system. ITC reserves the right to terminate access to this Web Site or take
other actions it reasonably believes necessary to comply with the law or
to protect its rights, members or customers. Any access or attempt to access
or use this Web Site for any unauthorized or illegal purpose is strictly
prohibited.
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This Web Site is provided without charge as a convenience to
visitors to be used for the purposes of information, education,
communication and commerce, including the offering for sale of goods and
services. While ITC’s
information and advice contained in this Web Site have been prepared and
compiled from sources believed to be reliable, ITC makes no guarantee as
to, and assumes no responsibility for, the correctness, sufficiency or
completeness of such information, material or recommendations. ITC does not represent or
endorse (a) the accuracy or reliability of any of the information,
content or advertisements contained on, distributed through, or linked,
downloaded or accessed from this Web Site, any other links from or to
other web sites or through any third party that provides information to
ITC, or (b) the quality of any products, information or other materials
or services displayed, obtained or purchased by you as a result of your
use of this Web Site or any ITC good, service, database, materials or
system. You hereby
acknowledge that any reliance upon any information, products, services
or materials shall be at your sole risk. ITC reserves the right, in its sole discretion and without any
obligation, to correct any error or omissions in any portion of this Web
Site or any ITC good, service, database, materials or system at any
time, with or without notice to you.
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Without ITC’s prior written consent, which consent may
be given or withheld in ITC’s sole discretion, you may not: (a)
resell, sublicense, rent, lease or otherwise publicly distribute any ITC
information provided on or through the Web Site or any Hyperlink,
services or database, or any part or parts thereof or information
contained therein, or any access thereto; (b) use your access to this
Web Site or any Hyperlinked Web Site or ITC’s information provided
on or through the Web Site or any Hyperlink, services, database or
system to export or re-export technical data in violation of U.S. export
control laws and regulations; (c) use this Web Site or any ITC
information provided on or through the Web Site or any Hyperlink,
services, database or system, which you access in violation of, or post
any information to any ITC owned or licensed database which violates,
any federal or state law, including data privacy laws and communication
regulations and tariffs, or which infringes the intellectual property
rights or misuses proprietary information of a third party or is made in
furtherance of an illegal or fraudulent scheme or activity; (d) use any
robot, spider or other automatic device, or manual process to monitor or
copy this Web Site or its content or information, or otherwise attempt
to copy or transfer any ITC information provided on or through the Web
Site or any Hyperlink, service, database or documentation, except
pursuant to ITC Written permission; or (e) modify, adapt, reverse
engineer, decompile, disassemble, translate or convert any portion of
ITC’s databases or system, or the selection, coordination or
arrangement of products or services in any ITC database.
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As a user on our Web Site, you will represent yourself
accurately and truthfully at all times. You grant ITC the right to independently verify
any information that you post on our Web Site about yourself, although
ITC does not routinely undertake any verification. This Web Site, the information
contained on it or accessible through it and our products and services
are available only to individuals who can form legally binding contracts
under applicable law. Without
limiting the foregoing, our Web Site and its content and services are
not available to anyone under the age of thirteen (13). If you do not
qualify, you may not the Web Site or our information or services.
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“Your Information” includes any information you
provide to us, including but not limited to, (i) during your
enrollment with our Web Site, (ii) in any public message area or (iii)
through any email feature.
By posting Your Information on or through the Web Site, you automatically grant ITC
a royalty-free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display Your Information alone
or as part of other works in any form, media or technology whether now
known or hereafter developed, and to sublicense such rights through
multiple tiers of sub licensees.
You are solely responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your Information. However, we may take any action
we deem necessary or appropriate in our sole discretion if we believe
Your Information creates a risk of liability to ITC. ITC may, at its
sole discretion, remove or disable access to, material on the Web Site
that we believe may infringe on the rights of third parties or is
otherwise harmful to ITC or its customers.
ITC will only use and disclose Your Information in accordance with our then
current privacy policy, available here,
incorporated herein by reference.
If you believe that Your Information has been used on this Web Site in a manner
that constitutes copyright infringement, please provide ITC’s
Designated Agent with a written notice (e-mail is sufficient) that
includes the following information:
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an electronic or physical signature of a person authorized to act on
behalf of the owner of the exclusive right that is allegedly infringed;
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identification of the copyrighted work claimed to have been infringed;
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a description of where the material that you claim is infringing is
located on the Web Site;
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your address, telephone number and e-mail address;
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a statement by you that have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law;
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a statement by you, under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf.
Mail such statements and
materials to ITC’s Designated Agent as follows:
Mike Koslosky.
Any information, including but not limited to remarks, suggestions,
ideas, graphics or other submissions, communicated to ITC through this
Web Site is deemed non-confidential and non-proprietary unless ITC
agrees in writing otherwise. ITC is entitled to use any information or
ideas submitted for any purpose without restriction and without
compensation or acknowledgment of its source, unless ITC agrees in
writing otherwise.
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Except as otherwise identified, the trademarks including
names, logos, slogans and service marks appearing at this Web Site,
whether registered or unregistered, are the property of ITC or
ITC’s affiliates. Such marks are not to be copied, reproduced,
published or in any way used without the written permission of ITC or
the identified owner of the trademark. Except as otherwise identified, the copyright in the content of this Web
Site is owned by ITC. No
part of this Web Site may be published, stored or transmitted in any
form or means without the express written permission of ITC. You may
download content displayed on this Web Site for non-commercial, personal
use only and must retain all copyright and other proprietary notices
contained in the content.
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No person may establish Hyperlinks either to this Web Site or away from
this Web Site without the prior written consent of an appropriate ITC
officer, which consent may be given or withheld in ITC’s sole
discretion. Contact ITC at
Mike.Koslosky@nucor.com to obtain this consent. In its sole
discretion, ITC reserves the right to remove a Hyperlink to this Web
Site or away from this Web Site at any time and for any reason. All Hyperlinks approved shall be
to the home page of this Web Site. Framing at this Web Site is expressly prohibited.
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ITC advises you to exercise discretion while browsing this Web
Site and the Internet. In addition, Hyperlinks on this Web Site may
direct you to sites containing information that some people may find
offensive or inappropriate. Such linked web sites may not be under the control of ITC and ITC does
not make any representations concerning any such web sites that you may
access via a Hyperlink from this Web Site, and accordingly ITC is not
responsible for the accuracy, copyright compliance, legality, legitimacy
or decency of material contained in such web sites which may be
accessible via a Hyperlink to or from this web Site or for the Hyperlink
itself. ITC is providing these Hyperlinks to you only as a convenience
and the inclusion of any Hyperlink on this Web Site is not and should
not imply any endorsement by ITC of such linked web sites.
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ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEB
SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND,
AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SATISFACTORY QUALITY, ARISING FROM A COURSE OF
DEALING, USAGE OR TRADE PRACTICE OR WARRANTY AGAINST INTERFERENCE OR
INFRINGEMENT. ITC DOES NOT
WARRANT THAT THIS WEB SITE OR ITS INFORMATION, CONTENT OR OTHER MATERIAL
WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY ITC SERVICE,
DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES,
PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY ITC,
INCLUDING ANY HYPERLINKED SITE, OR ANY PART THEREOF, WILL BE
UNINTERRUPTED OR FREE FROM ERRORS, BUGS OR SOFTWARE VIRUSES OR THAT ANY
DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS
WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL ITC HAVE ANY LIABILITY TO
YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS
ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH
RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR
RELATED TO THE SUBJECT MATTER OF THIS WEB SITE, IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS
AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY
DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY ITC INFORMATION, SERVICE,
SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT
ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING
AND BREAK-INS AND THAT WHILE ITC WILL IMPLEMENT REASONABLE SECURITY
PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, ITC DOES NOT
GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS,
AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT
AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND
CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT
INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE
INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR
TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND
CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER
TRANSACTIONS IN WHICH YOU PARTICIPATE USING ITC’S WEB SITE,
INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
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YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING
MADE BY OR FOR YOU TO THIS WEB SITE OR ANY ITC INFORMATION, SERVICE,
SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE
CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE
THE WEB SITE OR ANY SYSTEM, SOFTWARE OR DATA OF ITC OR ANY OTHER USER OF
THE ITC INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY,
DEFEND AND HOLD ITC AND ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR
DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH
VIRUS OR CODE OR SUBROUTINE.
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NEITHER ITC NOR ITS MEMBERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS
OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES
OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS
WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, INCLUDING
QUESTION.COM OR ANY ITC INFORMATION, CONTENT OR OTHER MATERIAL OR
SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED
AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY ITC
THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN ANY ITC SYSTEM OR ANY
OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM
IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS
NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR
WHETHER OR NOT ITC IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES.
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If any part or parts of these Terms and Conditions are held to
be invalid, the remaining parts will continue to be valid and
enforceable. Nothing in
these Terms and Conditions affects any statutory rights of consumers
that cannot be waived or limited by contract. The use by you of this Web
Site, the ITC information, content, services or other materials, and any
and all other matters between ITC and you related hereto, shall be
governed by applicable United States federal law and the laws of the
State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any
right to a jury trial in any suit arising out of or relating to this Web
Site or any ITC information, content, service or other product. Any suit
or proceeding arising out of or relating hereto must be commenced within
one year from the date the right, claim, demand or cause of action being
asserted first came into being.
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You agree to comply with all applicable export laws,
regulations and restrictions. Information ITC places on or makes available through this Web Site may
contain references or cross references to ITC or third party products,
programs and services that are not announced or available in your
country. Such references do
not imply that either ITC or such third party intends to announce or
make available such products, programs or services in your country. Consult ITC or the applicable
third party for information regarding any such products, programs or
services. This Web Site may
contain other proprietary notices and copyright information, the terms
of which must be observed and followed. Any rights not expressly granted herein are reserved to ITC.
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Any software which is downloaded from this Web Site or other
ITC system or service for or on behalf of the United States of America,
its agencies and/or instrumentalities (“U.S. Government”),
is provided with Restricted Rights. Use, duplication or disclosure by
the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable.
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If the user has any questions regarding this Web Site or its
contents, or these Term and Conditions, contact Mike Koslosky at
Mike.Koslosky@nucor.com .
©2018 Independence Tube Corporation
All Rights Reserved.
Terms under which this service is provided to
you. Our Privacy statement.
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