This describes the terms and conditions applicable to your use of this Broadcast
Steel website which is owned, operated and maintained by Mountain Hawk Corporation.
We may amend this Agreement at any time by posting the amended terms on our site.
The amended terms shall automatically be effective 30 days after they are initially
posted. Each time you use the Site you are acknowledging your agreement to these
terms.
The Broadcast Steel website is primarily a platform for sellers to advertise steel
available for sale and for buyers distribute inquiries and requests for quotation
for steel. Mountain Hawk Corporation does not own, warehouse or sell any of the
product displayed on this site and we do not process any payments or facilitate
shipment. We may in our sole discretion add, delete or change some or all of our
services at any time. We may in our sole discretion add, delete or change some or
all of our services at any time.
We have no stake or involvement in the completion of resulting transactions and
will not get involved in disputes between buyers and sellers. Payment terms are
agreed upon between seller and buyer. You and the other party to the transaction
are solely responsible for working out the terms of the sale. We have no authority
to act for the seller or the buyer. In consideration for your participation on the
Site you agree to release us and our respective directors, employees and agents
from any disputes, claims, demands, and/or damages arising out of or relating to
your use of the Site, emails sent by the site, auctions, listings, bids, inquiries,
RFQ's, uncompleted or completed transactions, or items offered or actually sold.
NEITHER WE, OR OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT
THAT THE SYSTEM WILL BE UNINTERRUPTED OR THAT THE INFORMATION OR ACCESS WILL BE
ERROR-FREE; NOR DO WE NOR ANY OF OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES
OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.
OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, THE SITE IS AVAILABLE ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE.
LIMITATION OF LIABILITY: NEITHER WE NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY
TO USE THE SITE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS,
DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA) ARISING FROM CLAIMS BASED
IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
(BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE
OF THE SERVICE PROVIDERS) EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH CLAIM OR DAMAGE. THE PROVISIONS OF THIS AGREEMENT ARE FOR OUR BENEFIT AND
THE BENEFIT OF OUR INFORMATION PROVIDERS, LICENSORS, EMPLOYEES AND AGENTS AND EACH
SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE SUCH PROVISION DIRECTLY ON ITS OWN BEHALF.
THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION
OF THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within
the site, the files at the site or emails sent by the site is disclaimed.
Any information or material provided or sent to Broadcast Steel will be deemed to
be NOT confidential. By sending Broadcast Steel any information or material,
you grant Mountain Hawk Corporation an unrestricted, irrevocable license
to use, reproduce, display, perform, modify, transmit and distribute those materials
or information, and you also agree that Broadcast Steel or Mountain Hawk Corporation
is free to use any ideas, concepts, know-how or techniques that you send to us for
any purpose.
We have no control over the quality or condition of the items described, advertised
or auctioned, the truth or accuracy of the information contained in the emails sent,
the ability of sellers to sell items or the ability of buyers to buy items. We disclaim
any warranties expressed or implied on products or services listed on the Site or
contained in any emails sent. We do not assume responsibility for the content or
the context of the emails. This includes, but is not limited to, mistakes and typographical
errors. We cannot and do not control whether or not buyers and sellers will complete
the transaction. Broadcast Steel cannot and does not try to confirm that
each user is who they claim to be on the site.
Without limiting the foregoing, you may not auction, list or sell under any circumstances:
any item that infringes anyone's copyright, trademark, patent, trade secret, or
other proprietary rights; any item that infringes or violates anyone's rights of
privacy or publicity; any item that is illegal for you to sell under any applicable
law, statute, ordinance or regulation; or, any item, which if sold by us, would
cause us to violate any applicable law, statute, ordinance or regulation. We reserve
the right to terminate any listing of any such nature immediately upon notification
by law enforcement or the legitimate trademark or copyright holder.
Bidders and suppliers are responsible for paying all applicable taxes and for all
hardware, software, service and other costs they incur to use the site or access
our servers.
Any misuse of the Broadcast Steel web site or services is strictly prohibited. This
includes misuse of any function, service, or page herein. Any attempt at nonstandard,
non-approved use of this web site or any service is prohibited (including any program,
device, user, or software taking any action which interferes with the proper operation
of this site and any services). Broadcast Steel reserves the right to refuse or
suspend service to anyone at any time for any reason with or without prior notice.
If a situation of site misconduct is brought to our attention we will investigate
the matter as we deem appropriate under the circumstances. You may not use Broadcast
Steel for chain letters, junk mail or spamming.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of Broadcast Steel website and in negotiations and transactions
arising out of your use of the Site. You expressly agree that exclusive jurisdiction
for any claim or dispute resides in the federal and state courts sitting in the
Commonwealth of Pennsylvania. You further agree and expressly consent to the exercise
of personal jurisdiction in the Commonwealth of Pennsylvania in connection with
any dispute or claim involving the Site.
You and Broadcast Steel are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended
or created by this Agreement.
All users of this site are responsible for any and all information posted in
their user account. You are responsible for your password and any actions taken
under your password. You must not disclose your password to anyone else. We cannot
guarantee the preservation of records and may delete information without notice
at our sole discretion.
Mountain Hawk Corporation, Broadcast Steel and its suppliers are not responsible
for damage or loss caused by errors in the Broadcast Steel website or the Internet.
The system may be unavailable as a result of errors or circumstances beyond our
control. Use the Broadcast Steel website at your own risk. Mountain Hawk Corporation,
Broadcast Steel and its suppliers cannot guarantee that we will notice or prevent
any inappropriate use of the Broadcast Steel website.
Contents of this website are the exclusive property of Mountain Hawk Corporation,
Copyright © 2001-2005, and may not be reproduced in any form without the prior written
consent of Mountain Hawk Corporation.