Website Terms & Conditions

Website Terms and Conditions of Use

1. Introduction
1.1 Welcome to a website operated by MetalTek International, Inc. and its divisions, subsidiaries, and affiliates (“MetalTek,” “we,” “our,” or “us”). The terms and conditions of use contained herein (the “Terms of Use”) govern your use of www.metaltek.com (the “Website”). All pages within this Website and any Content (as defined below) available on or through the Website are subject to these Terms of Use.

1.2 By using our Website, you accept these Terms of Use in full; accordingly, if you disagree with these Terms of Use or any part of these Terms of Use, you do not have the right to use our Website.

2. Privacy Policy
2.1 By accessing and using the Website, you agree to the terms of the MetalTek Privacy Policy, which are found here and are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

3. License to Use Website
3.1 You are granted a limited, non-exclusive, revocable right to access and use the Website and the Content solely for personal, non-commercial use, to receive services or products from MetalTek, or to provide MetalTek with services or products, and solely to the extent such use does not violate these Terms of Use. Such uses include, but are not limited to,
      (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.

3.3 You may not use the Website or its Content for any purpose prohibited or restricted by law. Except for the limited right expressly granted to you in these Terms of Use, MetalTek and its licensors expressly reserve all other rights and licenses.

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. Trademarks
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
6.1 All content, information, and materials on the Website including, without limitation, the Website’s layout, organization, design, and any graphics, text, logos, images, icons, audio, video, data, software, and other material (the “Content”) are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. MetalTek, or third parties from whom MetalTek has permission, own the Website and all Content that is used on the Website, including all worldwide intellectual and proprietary rights. You agree to comply with all applicable laws, including, without limitation, by not copying or using any intellectual property of MetalTek or its licensors, except as expressly allowed by these Terms of Use or by written consent of MetalTek or the owner of the respective rights.

6.2 You grant MetalTek a perpetual, worldwide, royalty-free, irrevocable, sub-licenseable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques that you submit to the Website or otherwise choose to share with MetalTek through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to MetalTek’s Privacy Policy.

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.

8.3 EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND METALTEK. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND METALTEK.

9. Your Liability
9.1 As a condition of your use of the Website, you agree to indemnify, defend, and hold harmless MetalTek and its officers, representatives, directors, employees, consultants, third-party suppliers, and agents from any and all losses, investigations, inquiries, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees and expenses) arising from or related to your use or inability to use the Website, your use of any Content or other material, information, or data downloaded or otherwise obtained from the Website, or your violation of these Terms of Use, including, without limitation, your infringement or violation of any intellectual property, privacy, publicity, proprietary, or other right of MetalTek or any other person or entity.

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. Termination/Suspension
11.1 Without prejudice to our other rights under these Terms of Use, you agree that MetalTek may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Website, including any online account, without notice, for any reason in MetalTek’s sole discretion, including, without limitation, violation of these Terms of Use or MetalTek’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, MetalTek, another user, or any third party.

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).

12. Revisions to Terms of Use or Website
12.1 MetalTek reserves the right to change, modify, or discontinue the Website or any portion of the Website, including any and all content, at any time, without notice to you. MetalTek reserves the right to modify or amend these Terms of Use at any time, for any reason. All changes will be effective immediately from the date of publication of the revised Terms of Use on the Website. You hereby agree to keep yourself informed of the current Terms of Use of our Website and of any changes in those Terms of Use, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Use. By accessing the Website after any changes are made to these Terms of Use, you agree to all such changes, even if you do not receive notification of the changes.

13. Third Party Websites
13.1 The Website may contain links to other unrelated websites on the internet. MetalTek is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. You should review the privacy policy and terms of use for any website that you visit. MetalTek makes no representations or warranties regarding the security of any information you make available to such websites. MetalTek is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

14. Assignment
14.1 You hereby agree and consent that MetalTek may assign, transfer, sub-contract, or otherwise transfer our rights and/or obligations under these Terms of Use. The Terms of Use will inure to the benefit of MetalTek’s successors and assigns.
14.2 You agree that you will not without MetalTek’s express written consent assign, transfer, sub-contract, or otherwise transfer any of your rights and/or obligations under these Terms of Use.

15. Law and Jurisdiction
15.1 These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA without regard to any conflict of law provisions.

15.2 Venue shall be proper exclusively in a court of competent jurisdiction in Milwaukee, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed in writing by MetalTek in its sole discretion.

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.

16. Severability
16.1 If any provision of these Terms of Use is determined by any court or other competent authority to be invalid and/or unenforceable, then the court or other competent authority shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.

17. Entire Agreement
17.1 These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and MetalTek relating to the subject matter herein and shall supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

17.2 Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by MetalTek. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination

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:

DMCA Notice
Contact Information for Registered Agent:

Primary:
David Olsen
Marketing Specialist
Dave.Olsen@MetalTek.com
262-544-7984

Secondary:
Robb Edwards
Marketing Director
Robb.Edwards@MetalTek.com
262-544-7777

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
19.1 To ask questions or comment about these Terms of Use, please contact us at Sales@MetalTek.com or see MetalTek’s DMCA contact information listed above in section 18.