Terms & Conditions For Using This Website
Website Terms and Conditions of Use
3. License to Use Website
(a) viewing pages from our Website in a web browser;
(b) downloading pages from our Website for caching in a web browser;
(c) printing pages from our Website, solely for your own reading use; and
(d) streaming audio and video files from our Website.
3.2 This right does not include the right to and you shall not (and you shall not assist or request that a third party) modify, reproduce, or resell any part of the Website or its Content (excluding your personal information); use any robot, spider, data miner, agent, intelligent agent, avatar, scraper, script, or other automated or semi-automated means, device, or mechanism to scrape, extract, or otherwise gather data from the Website or its Content for any non-personal or commercial use; or otherwise use the Website or any of its Content in any manner other than the manner in which it is intended to be used unless you first obtain MetalTek’s express written consent.
4. Acceptable Use
4.1 Without limiting the generality of the foregoing Section 3, you agree that you will not either on your own or on the behalf of a third party:
(a) Make any commercial use of the Website, including making any collection or use of any product listings, descriptions, prices, or images;
(b) Download, copy, or transmit any Content for the benefit of any other merchant or a competitor of MetalTek;
(c) Frame, mirror, or use framing techniques on any part of the Website without MetalTek’s prior written consent;
(d) Misrepresent your identity, impersonate another person, or falsely state your affiliation with another person or entity;
(e) Conduct fraudulent activities on the Website;
(f) Violate or attempt to violate the security of the Website, whether in automated or manual fashion or otherwise, including, without limitation, by engaging in, using, or attempting to do the following: hacking, unauthorized access, use or launching of malware, forging headers, penetration testing or vulnerability analysis of the Website without MetalTek’s express written permission, or logging into another user’s account without express permission;
(g) Tamper with the Website or attempt to interfere with the working or functionality of the Website or any activity, including sales, conducted on the Website;
(h) Harvest or collect personal information from other users of the Website;
(i) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or
(j) Remove any copyright, trademark, or other proprietary rights notice from the Website, Content, or material originating from the Website.
5.1 MetalTek, or third parties (i.e., licensors) from whom MetalTek has permission, own the trademarks and service marks that are used on the Website. All rights are reserved by MetalTek and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of MetalTek and its licensors may not be used without prior written consent of MetalTek or its licensor, as the case may be. Without limiting the foregoing, no MetalTek trademark or trade dress may be used in connection with any website, product, or service that is not MetalTek’s in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits MetalTek.
6. Copyright and Other Proprietary Rights
7. Disclaimer of Warranties
7.1 THE WEBSITE, INCLUDING ANY CONTENT PROVIDED THROUGH THE WEBSITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. METALTEK, ITS LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE WEBSITE OR CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SUCH CONTENT ON THE WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED.
7.2 METALTEK HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE WEBSITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. METALTEK MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER THAT THE WEBSITE IS 100% SECURE, THAT IT WILL BE FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS), THAT IT WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR ANY COMMUNICATIONS FROM METALTEK WILL BE FREE FROM MALICIOUS OR HARMFUL CODE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
7.3 NO ORAL OR WRITTEN STATEMENTS OF AN EMPLOYEE, OFFICER, DIRECTOR, OR AGENT OF METALTEK SHALL CONSITUTE A WARRANTY OR REPRESENTATION UNDER ANY CIRCUMSTANCES.
8. Limitations and Exclusions of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METALTEK BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENT. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL METALTEK’S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
8.2 SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.
9. Your Liability
10. Our Website is Not Intended for Minors
10.1 Our Website is intended to be accessed and used only by adults and is not directed to individuals under the age of 18 (“Minors”). Minors are expressly prohibited from using the Website. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow Minors to post personal information on our Website. You agree not to provide us with any information regarding any individual under the age of 18.
11.2 Where we suspend, prohibit, or block your access to the Website or a part of our Website, you agree not to take any action to circumvent such suspension, prohibition, or blocking (including without limitation creating and/or using a different account).
13. Third Party Websites
15. Law and Jurisdiction
15.3 Any cause of action or claim with respect to the Website or Content must be commenced within two (2) years after the action or claim arises or is discovered.
17. Entire Agreement
17.3 The Website is controlled and operated by MetalTek from the United States and is not intended to subject MetalTek to the laws or jurisdiction of any state, country, or territory other than those of the State of Wisconsin in the United States. MetalTek does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
18. Digital Millennium Copyright Act
18.1 If you have reason to believe that material on this Website infringes your copyright, please send a notice by mail or email to the contact information listed below requesting that the infringing material be removed. The notice must contain the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
(b) A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Website;
(c) Identification of the allegedly infringing material and where the material is located on the Website;
(d) Your contact information, including your name, address, telephone number, and email address;
(e) A statement that you have 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; and
(f) A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), our designated agent to receive notices and counter notices of claimed infringement is:
Contact Information for Registered Agent:
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization by any user of the Website. We also reserve the right to suspend or delete the account of any repeat offender.
19. Contact Us