This Terms of Use Agreement (the Agreement) explains the terms and conditions governing your use of our website (the Site). By utilizing our website you are deemed to have read and agreed to these terms of use. If you do not wish to be bound by these terms and conditions please refrain from utilizing the Site as these standards are applicable to all users. You agree to use this Site according to the instructions as posted on the Site and to be bound be this Agreement. Innovative Metal Solutions® may in its sole discretion and at any time terminate or suspend your use of or access to the Site. You are not authorized to use this Site in any jurisdiction where the terms of this Agreement are not enforceable.
You understand and agree that this Site is intended for use via Internet access and that Innovative Metal Solutions® is not liable in the event this mode of communication fails or does not perform as intended. For example, Innovative Metal Solutions® is not liable for any failure to provide the goods or services ordered by you or any resulting damages or resulting financial consequences if an order is not received by Innovative Metal Solutions® or if the Site is not available or not functioning properly. In connection with using the Site, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. Innovative Metal Solutions® does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.
By utilizing this Site, you grant Innovative Metal Solutions® a perpetual, royalty-free license (permission) to use, copy, distribute, and modify anything you submit or post to the Site, as Innovative Metal Solutions® deems appropriate in its sole discretion.
You agree and represent that you are not utilizing this Site, or any products or services offered herein for any illegal, fraudulent, or otherwise legally improper activity. You specifically agree that you are truthful in any and all information that you disclose on this Site. You also assure Innovative Metal Solutions® that any method of payment offered for goods or services is not fraudulent or illegal. Some products available for purchase on the Site may not be lawfully shipped to or possessed in some jurisdictions. You are responsible for compliance with all international, federal, state and local laws, regulations and ordnances. You agree to indemnify and hole harmless Innovative Metal Solutions® for any failure by you to comply with any such laws, regulations or ordnances. You agree that you will not, directly or indirectly, use the Site, the Site materials, products or services to violate any applicable laws.
You agree not to disclose your password, if one is issued by Innovative Metal Solutions®, or any otherwise confidential data to others for use, and understand and agree that if a third party utilizes such information to access this Site, you will be fully liable for such use as a result of the disclosure of information. You should promptly notify Innovative Metal Solutions® of any unauthorized use of your registration information or other breach of security.
Innovative Metal Solutions® asserts limits on its liability. Only express warranties made by Innovative Metal Solutions® in connection with the sale of a product shall be enforceable by you. You agree that Innovative Metal Solutions® may only be held liable for failure to honor a bona fide sale and improperly retaining funds received from you for the purpose of purchasing product(s) or service(s) offered on this Site. In no manner shall Innovative Metal Solutions®'s liability exceed the price of the goods or services ordered in a bona fide sale. By using this Site, you further agree to the following:
YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, Innovative Metal Solutions® AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNOVATIVE METAL SOLUTIONS® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
EXCEPT FOR REFUND OF THE PRICE OF THE GOODS OR SERVICES ORDERED BY YOU IN A BONA FIDE SALE, UNDER NO CIRCUMSTANCES SHALL INNOVATIVE METAL SOLUTIONS® OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM PRODUCT LIABILITY, TORT, CONTRACT, OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS SITE OR ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF INNOVATIVE METAL SOLUTIONS® IS ADVISED OF THE POSSIBILITY THEREOF.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF INNOVATIVE METAL SOLUTIONS®, ITS AFFILIATES, AGENTS, AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Innovative Metal Solutions® reserves the right to modify this Agreement at any time and that when posted to this Site the revised terms of use will be in effect and apply to all subsequent activities. You agree to review the Agreement periodically to be aware of such changes and your continued access or use of the Site after any changes are posted will be considered acceptance of those changes.
You agree that any and all disputes, including litigation, may only be raised in the State of Tennessee, County of Rutherford; and that such disputes shall be resolved based on the relevant law in this jurisdiction. You consent to jurisdiction of the federal and state courts in Tennessee for such purposes. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.