Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITES.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS, PLEASE IMMEDIATELY DISCONTINUE USING OR ATTEMPTING TO USE OF OUR SITES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW.
Trademarks, Copyright & Database Rights. Copyright in the content of our Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the "look" and "feel", color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code and all copyrightable or otherwise legally protectable elements on our Site) and all database rights in our Site (collectively, the "Content") are owned by TMS or its licensors and are legally protected under intellectual property laws. The modification, copying, distribution or incorporation into any other work of part or all of our Site or its Content in any form is prohibited except that you may print or download extracts for your non-commercial, informational and personal use only. All rights are reserved.
All product names, names of services, trademarks and service marks ("Marks") are the property of TMS, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
Links. There may be links that make it easier for you to connect to third party websites or that will let you access our Site from third party websites. Linked third party websites are not under the control of TMS and TMS is not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by TMS in favor of such website or the products or services contained in any third party website. If you choose to access a third party website linked on our Site you do so entirely at your own risk. Concerns regarding services or resources or links to third party websites should be directed to the provider of the outside service or resource. You are permitted to link to our homepage www.tmsinternational.com without prior consent. TMS at all times reserves the irrevocable right to rescind consent for any link to our Site and to take any legal action it deems appropriate.
Acceptable use. We grant you a limited license and right to use the Content of our Site solely in connection with your direct personal, non-commercial use. Unauthorized or prohibited use of Content may subject you to civil or criminal liability. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) our Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not do the following in connection with use of our Site:
- Alter, delete or conceal copyright or other notices, even if we let you download, display print or share the Content with others;
- Send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from TMS. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
- Post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, indecent or pornographic material or other material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to any civil liability or otherwise violate any applicable law;
- Post or transmit and from the Site any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- Download any file posted by any other user if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner;
- Attempt to probe, scan or test the vulnerability of the Site, system or network or to breach security or authentication measures without proper authorization;
- Interfere or attempt to interfere with the proper functioning of the Site or TMS, including, without limitation, via means of submitting a virus to the Site or TMS, overloading, "flooding", "mailbombing" or "crashing";
- Send unsolicited e-mail of promotions and/or advertising of products or services;
- Forge any TCP/IP packet header or any part of the header information in any e-mail;
- Frame the contents of any part of the Site within any materials not originated by TMS.
- Use robots or other data mining technologies to extract data from this Site.
Indemnification. You agree to defend TMS against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions ("Claim") and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
Termination. Our Terms and Conditions are effective unless and until terminated by either you or TMS. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Site. TMS may also terminate, discontinue or suspend our Terms and Conditions and our Site at any time and may do so immediately without notice, and accordingly we may deny you access to our Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from our Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
Governing Law.These Terms and Conditions shall be governed and interpreted according to the substantive laws of the Commonwealth of Pennsylvania, U.S. without regard to its conflict of law provision. You agree that in any action arising out of these Terms and Conditions to irrevocably submit to the exclusive jurisdiction of a state or federal court in Pennsylvania, U.S. and, to the maximum extent permitted by law, agree that etiher of those courts shall be the venue of choice for any such action. Without limiting the effect of any disclaimer contained in these Terms and Conditions, any cause of action that you may have regarding your use of this Site must be commenced within one (1) year after the claim or cause of action arises.
Site Content; Disclaimer And Limitation Of Liability.
OUR SITE AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE OUR SITES OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH TMS ENDEAVORS TO ENSURE THAT THE CONTENT OF OUR SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD PERFORM INDEPENDENT ANALYSIS OR SEEK APPROPRIATE BUSINESS, LEGAL AND/OR OTHER ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA OUR SITE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING OUR SITE YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FORM OUR SITE, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT OR OUR TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Further Information. Questions regarding these Terms and Conditions or notifications of any errors should be directed to TMS via email at UseAndPrivacy@tmsinternational.com, or by mail to TMS International, LLC, Attention: Director of Information Technology, 1155 Business Center Drive, Suite 200, Horsham, Pennsylvania 19044.
This Terms & Conditions was last modified and is effective as of Feburary 20, 2019.