You may use the Site only for your or your entity’s general business purposes, such as gathering information for your personal purchase or collecting necessary information as a consumer of products provided by Team Tube. The information provided on the Site is provided only in connection with the marketing efforts of Team Tube and is not to be used to seek similar opportunities from competitive suppliers or in competition with Team Tube. You shall access or use the Site and its content only for informational purposes and shall not access or use the Site or its content to provide information to third parties unrelated to the allowed purposes of the Site. Site content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the content on the Site, you must secure the written consent from the appropriate content provider.
Your use of the Site is at the sole discretion of Team Tube, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through this Site does not entitle you to continued use of the Site. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
We have undertaken to display the products featured on this Site as accurately as possible. Please note, however, that the colors we use, as well as the display and color capabilities of your particular computer monitor, will greatly affect the colors actually seen on the screen. The Site cannot be responsible for the limitations of your monitor’s display of any color, texture, or detail of actual merchandise.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of Team Tube and that all right, title and interest therein, including all rights of copyright, shall rest with Team Tube at the time they are submitted and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited, translated, distributed, performed and displayed in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of such materials in no way creates any obligation or duty on the part of Team Tube to post or use such materials or, if we do so, to give you credit or any compensation therefor.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TEAM TUBE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF Team Tube, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF TEAM TUBE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Team Tube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF Team Tube AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED US$1,000.00. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST ANY OF Team Tube AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES ARISING OUT OF THE USE OF THE SITE. NONE OF TEAM TUBE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL BE HELD LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES SET FORTH ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.
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Team Tube may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice thereof, and without regard to whether or not you have used or continue to use the Site after such updates, revisions, supplements, modifications or amendments.
This Agreement constitutes the entire agreement between you and Team Tube with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
This Agreement, the entire relationship between you and Team Tube, and any litigation or other legal proceeding between you and Team Tube (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of Canada, without giving effect to its choice of law rules.
This contract is fully performable in Canada. Any litigation arising between the parties hereto shall be brought only in the provincial or federal courts having subject matter jurisdiction in Canada. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party hereto.
Team Tube may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, upon your violation of this Agreement, failure to provide accurate registration data, and lack of use. All representations, warranties, indemnifications, and promises made by you shall survive such termination.
This Site may contain forward-looking statements about Team Tube products, financial and operating performance, business plans and prospects that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. A description of these risks, uncertainties and other matters can be found in the Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K of Team Tube’s parent company, Reliance Steel & Aluminum Co., all of which are available at www.sec.gov. Team Tube and Reliance assume no obligation to update any forward-looking statements as a result of new information or future events or developments.
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