Kloeckner Metals Corporation (“Kloeckner”) online site Kloeckner Connect (“Kloeckner Connect”) allows registered Customers to order certain Kloeckner products and services using Kloeckner Connect’s “Tools” and to gain access to relevant information about their relationship with Kloeckner.
By using Kloeckner Connect, Customer agrees to comply with and be bound by the following Terms and Conditions of Use (or “Terms”). Kloeckner reserves the right, at any time with or without notice, to add to, change, update or modify these Terms, by posting such change, update or modification on Kloeckner Connect.
Access to Kloeckner Connect Tools is provided only with an appropriate combination of a user name and password that complies with Kloeckners’ policies (cumulatively, a “Password Combination”). Each Password Combination is specific to an individual and Customer agrees that no individuals shall provide their Password Combination to any other party. Further, to the extent that a Password Combination is used to transact business by a Customer or is compromised by an act of Customer or any party issued a Password Combination by Customer, Customer agrees to be fully responsible for all actions taken using such password and for all Product ordered. Where any misuse of a Password Combination is brought to the attention of Kloeckner and the results of such misuse are easily cured by a reasonable action of Kloeckner (for example, the termination of an order), Kloeckner agrees that it shall take reasonable actions to cure any misuse provided that Customer shall pay for all use of any product during the time it is available to Customer and shall pay all costs and fees associated with actions taken by Kloeckner. Further, any such misuse must be reported by Customer to Kloeckner within seventy two (72) hours of the date of the original inappropriate action otherwise Kloeckner is under no obligation to cure such misuse.
Customer agrees not to copy materials from Kloeckner Connect website, reverse engineer or break into Kloeckner Connect website, or use Tools, materials, products or services in violation of any law, including the violation of any applicable antitrust laws; Customer agrees to comply with all applicable laws, statutes, rules and regulations relating to Customer’s use of Kloeckner Connect and any of its Tools. If Customer is outside the United States, Customer must also comply with its local laws with respect to online conduct, including the import and export of data.
As Kloeckner Connect is provided as a discretionary service to Customer, without limiting other remedies, Kloeckner may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Customer’s or any individual users’ access to Kloeckner Connect or any of the Tools at any time at its sole discretion.
All content included on Kloeckner Connect is and shall continue to be the property of Kloeckner, or its content suppliers, and is protected under applicable intellectual property laws, including but not limited to trademark, copyright, patent, and/or other proprietary rights. Any copying, modifying redistribution, reuse or republication or otherwise by Customer of any such content or any part of Kloeckner Connect is prohibited, except as expressly permitted in these Terms. Under no circumstances will Customer acquire any ownership rights or other interest in any content by or through use of Kloeckner Connect. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, and other laws, statutes and/or regulations.
All information on Kloeckner Connect shall be deemed to be confidential for all purposes. Disclosure of any information contained in or downloaded from Kloeckner Connect Tools in any form to a third party is expressly prohibited.
THE INFORMATION ON KLOECKNER CONNECT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND KLOECKNER DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED, LIMITED OR OTHER WITH RESPECT TO THE SERVICES PROVIDED. SPECIFICALLY, KLOECKNER DOES NOT WARRANT THAT THE SERVICE WILL ALWAYS BE AVAILABLE, BE UNINTERRUPTED, BE ERROR FREE, MEET CUSTOMER’S REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. CUSTOMER AGREES THAT USE OF KLOECKNER CONNECT OR ANY OF ITS TOOLS IS AT CUSTOMER’S SOLE RISK.
BY USING KLOECKNER CONNECT, CUSTOMER AGREES THAT IN NO EVENT WILL KLOECKNER, ITS SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS A RESULT OF CUSTOMER’S USE OF, OR THE INABILITY TO USE KLOECKNER CONNECT OR ANY THE TOOLS.
If Customer is dissatisfied with Kloeckner Connect, any of the Tools, or with, any of these Terms, Customer’s sole and exclusive remedy is to discontinue using Kloeckner Connect. By using Kloeckner Connect, Customer signifies that Kloeckner and its affiliates are released from any damages that Customer incurs arising from Customer’s use of Kloeckner Connect or breach of these terms. Customer further agrees not to assert any claims against Kloeckner for any such damages.
These Terms or any dispute arising from them is governed by the laws of Georgia without giving effect to any principles or conflicts of law. If any provision is found to be invalid, the remaining provisions will be in full force and effect. The failure of Kloeckner to exercise or enforce any right or provision herein shall not operate as a waiver of such right or provision.
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