Terms & Conditions

Iron Affinity, Inc. (the “Company”) licenses and permits you to use this Company website and its various features (collectively, the “System”) under the terms and conditions set forth in this Terms of Use Agreement (the “Agreement”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SYSTEM. By using the System or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use and other terms of use contained within the System (including the Forum Terms of Use Agreement [LINK HERE]). If you do not agree to these Terms of Use, you may not use the System.

Note that special terms may apply to some services offered on the System, like rules for the forum, blogging and posting comments, particular contests or sweepstakes, or other features or activities. Any such terms are in addition to these Terms of Use and, in the event of a conflict, those terms prevail over these Terms of Use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the System and receipt of data, materials and information available at or through the System.

1. LICENSE

The System is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Company makes no representations or warranties of any kind with respect to this System or its content, such representations and warranties being expressly disclaimed.

Subject to the terms and conditions herein, the Company grants you a limited, revocable and nonexclusive license to access and use the System in accordance with these Terms of Use.

2. ACCOUNT, PASSWORD, AND SECURITY

To access certain features of the System, you must complete the registration process by providing the Company with current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password. You are responsible for updating and maintaining the accuracy of your account information. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your registration information is untrue, inaccurate, or incomplete, then the Company may, in its sole discretion, suspend, terminate, or refuse future access to the System.  Registration information is subject to the Company Privacy Policy (which is incorporated by reference herein).

You are solely responsible for maintaining the security of your username and password. You may not disclose your username or password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of, or action taken under, your password. If your password is compromised, you must immediately change your password.

From time to time the Company’s authorized personnel may log into the System under your username and password in order to maintain or improve services, including to assist you with technical issues. You hereby acknowledge and consent to such access.

3. PROPRIETARY MATERIALS AND RIGHTS

This System contains proprietary materials, such as programming code, algorithms, calculations, mathematical formulas, text, photographs, video, graphics, music, sounds or other materials, as well as trademarks, service marks, and trade dress of The Company and its licensors (hereinafter, the “Proprietary Materials”). All Proprietary Materials on the System (as well as the organization and layout of the System and its output) are owned and copyrighted, licensed by, and used with permission by the Company, its affiliates or its business partners. No reproduction, distribution, or transmission of the copyrighted materials of the System is permitted without the prior written permission of the Company.

All Proprietary Materials contained on the System are protected by law from unauthorized use. The Company owns a copyright in the certain Proprietary Materials embodied in the System, as well as the entire contents of the System, including public domain content, which are protected as a collective work under the U.S. copyright laws.  The Company owns a copyright in the selection, coordination, arrangement and enhancement of all System content. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

IRON AFFINITY™, the IRON AFFINITY logo, and other trademarks, logos, product and service names used in association with the System (the “Marks”) are trademarks and service marks owned by or licensed to the Company. Without the prior written permission of the Company, you agree not to display or use in any manner the Marks.

If you elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to the Company in connection with or related to the System (including any related technology), the Company will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner it chooses and without any compensation to you.  You agree that the Company has no obligation to keep any suggestions or ideas confidential and you hereby release any and all claims or liability against the Company relating to the same.

4. PROHIBITED USES AND COPYRIGHT INFRINGEMENT

You may not attempt to access the System through fraudulent or deceptive means or the use of account information and passwords not authorized by the Company.  You may not attempt to circumvent the username and password requirements or any other security measures in effect on the System. If and when requested by the Company, you agree to provide true, accurate and complete information.  You agree not to impersonate or falsely represent your affiliation with any person or entity.  Except with the express permission of the Company, you agree not to access or attempt to access password protected, secure or non-public areas of the System.  Unauthorized individuals attempting to access prohibited areas of this System may be subject to prosecution.

You may not without the prior written permission of the Company use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to decompile, reverse engineer, monitor or copy any of the System, algorithms, formulas, data or content found on the System or accessed through the System.

5. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this System, you warrant to the Company that you will not use this System for any purpose that is unlawful or prohibited by these terms, conditions and notices. If you violate any of these terms, your permission to use the System automatically terminates.

The Company has the right to monitor your access to the System, your data, and your communications with the Company and others through the System.  The Company reserves the right to remove any content that it determines, in its sole discretion, violates these Terms of Use. In order to cooperate with governmental requests, to protect the System, and to ensure the integrity and operation of the Systems, the Company may access and disclose to others any information its considers necessary or appropriate, including, but not limited to, user contact details, IP addresses and traffic information, usage history and posted content.

6. CONFIDENTIAL INFORMATION

Entry of any user or third-party highly-sensitive personal information into the System is strictly prohibited.  Examples of highly-sensitive information include, but are not limited to, the following: Social security numbers (or in Canada, social insurance numbers) and tax identification numbers; Driver’s license numbers; Financial / card account numbers; Passwords / PINs; Dates of birth; Digital or electronic signatures; Mother’s maiden names; Biometrics (e.g., voiceprints); Medical information; and Health Policy information, including an individual’s health insurance policy number or subscriber identification number.   Accounts and/or data found in violation of this restriction are subject to deactivatation or removal.

7. THIRD PARTY PRODUCTS, SERVICES AND SITES

The System provides advertisements and an on-line forum for exchanging information between users, which may include information about buyers and suppliers of products and services. The Company does not represent the advertisers, sellers or buyers in specific transactions. The Company does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services discussed or offered for sale or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. Users are cautioned that there may be risks of dealing with people acting under false pretenses.

The System may include materials provided by third parties or hyperlinks to websites operated by parties other than the Company or its affiliates.  Such third-party software and hyperlinks are provided for your use and reference only. The Company does not control such third party products, services or websites, and is not responsible for their performance or content.  The Company shall not be responsible for liable to anyone for such third-party site or any content, products or services made available on such site, even though the product, service or site was advertised or accessed from the System.  Inclusion of hyperlinks by the Company to third-party websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk.  Furthermore, because the Company Privacy Policy is applicable only when you are on this System, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

8. INTERACTION BETWEEN USERS AND SUPPLIERS

You fully assume the risks of purchase and sale transactions when using the System to gain information, learn about products, link to third-party websites, or conduct transactions. You fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the use of information provided to you on the System or the purchase of products or services identified on the System, including by other System users.

Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the System may violate or may be asserted to violate the law or third-party rights, and the risk that you may incur costs of defense or other costs in connection with third parties’ assertion of third-party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by third-party rights claimants.

You agree that the Company shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur or arise as a result of or in connection with any information obtained while using the System or using products or services acquired based on information, advertisements or links provided on the System.

9. DISCLOSURE OF CONTENT AND USER INFORMATION

The Company may disclose your information and your content posted as required by law, rule, regulation or court order. Please review the Company Privacy Policy (INSERT LINK), as it governs the handling of such information. By accessing the System you are agreeing to the Company Privacy Policy.

10. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof, and you believe that any content hosted on the System infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to:

Iron Affinity, Inc.

_______________

_______________

Email: _________________

Your notice must contain:

a)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the System are covered by a single notification, a representative list of such works on the System.

c)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material. Providing URLs is best.

d)    Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.

e)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f)      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a)  YOUR USE OF THE SYSTEM IS AT YOUR SOLE RISK. NEITHER the Company, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, PROGRAMMERS, CONTRIBUTORS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT YOUR USE OF THE System AND ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE System AND ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OUTPUT, SERVICE, OR MERCHANDISE PROVIDED THROUGH them.

(b)  THE System and ITS SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(c)  the Company, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, subsidiaries, AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SYSTEM AND/OR CONTENT OR CALCULATIONS OR FORMULAS OR ALGORITHMS OR PRODUCTS OR INFORMATION CONTAINED WITHIN THE SYSTEM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SYSTEM and SYSTEM-RELATED SERVICES IS TO STOP USING THE SYSTEM AND/OR THOSE SERVICES.

(d)  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL the Company OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE System AND ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE System AND ITS SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO FUNCTIONS AND PROCESSES and INFORMATION AVAILABLE THROUGH THE SYSTEM.

(e)  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Company OR THROUGH OR FROM THE USE OF THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

(f)    THE COMPANY DOES NOT WARRANT THAT THE SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT IT WILL OPERATE WITH YOUR SOFTWARE, HARDWARE OR NETWORK CONFIGURATIONS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY TRANSACTIONS ENTERED INTO OR RESULTS PROVIDED BY THE SYSTEM; OR (iii) ANY OTHER MATTER RELATING TO THE SYSTEM OR THE SERVICES, CONTENT OR PRODUCTS DISPLAYED BY THE SYSTEM.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its contributors, affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to your violation of these Terms of Use or your use of the System.

14. CHANGES TO SYSTEM AND THIS AGREEMENT

The Company, its contributors, affiliates and/or its suppliers may make improvements or changes in the information, services, products, and other materials on the System, in whole or in part, at any time without notice.  The System may become unavailable at anytime, with or without notice.  The Company may discontinue offering or supporting the System altogether at anytime, with or without notice. The Company may modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use.  Accordingly, you agree to review these Terms of Use periodically, and your continued access or use of this System shall be deemed your acceptance of the modified Terms of Use.

15. NOTICES

All notices required or permitted under these Terms of Use shall be in writing and shall be sent by Postal Service Certified Mail with a copy via e-mail to the address set forth below:

Iron Affinity, Inc.

__________

__________

Email: _________________

16. GOVERNING LAW AND JURISDICTION

These Terms of Use and the resolution of any dispute related to these Terms of Use or the System shall be governed by and construed in accordance with the laws of Arizona, without giving effect to any principles of conflicts of law.  You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the System or your rights under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  Any legal action or proceeding between the Company and/or its contributors or affiliates and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Arizona, County of Maricopa.

17. MISCELLANEOUS

  1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
  2. Failure by the Company or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right.
  3. This Agreement may be assigned by the Company without restriction.
  4. In the event that any part of this Agreement is found to be unenforceable for any reason whatsoever, the enforceable provisions shall be considered to be severable and the remainder of the Agreement shall remain in full force and effect.