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.
2. ACCOUNT, PASSWORD, AND SECURITY
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.
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.
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
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.
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.
14. CHANGES TO SYSTEM AND THIS AGREEMENT
Iron Affinity, Inc.
16. GOVERNING LAW AND JURISDICTION
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- 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.
- This Agreement may be assigned by the Company without restriction.
- 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.