Website Terms of Use and Policies
Last Updated: August 22, 2006
Introduction
Welcome, and thank you for visiting Ivy Steel & Wire’s website. Ivy Steel & Wire (“Ivy”) and its affiliates are happy to provide this website along with the industry information, helpful tips, resources and other content available on or via this website as part of our efforts to provide useful, educational materials on concrete reinforcement products, as well as on the other custom and standard reinforcing products that we provide.
This Website is comprised of various documents and web pages created and maintained by Ivy and is subject to these Website Terms of Use and Policies (“Terms of Use”). In several provisions in these Terms of Use, we may specifically mention, for emphasis purposes, the industry information, helpful tips, resources, services and other content provided on this Website (collectively, “Content”); however, references to the term “Website” always include, regardless of whether specifically mentioned, any and all Content available on or via this Website.
Similarly, the terms "Ivy", "we", and "our" are used in this Website for purposes of convenience only and, regardless of whether specifically mentioned, references to such terms are intended to refer to Ivy and/or its parent, affiliates, subsidiaries or related parties, including, without limitation, MMI Products, Inc., Merchant Metals Holding Company, Oldcastle Building Products, Inc., and CRH plc (collectively, “Affiliates”), either individually or collectively, as the context may require.
Acceptance of Terms of Use
Please read these Terms of Use carefully. From time to time and at its sole discretion, Ivy reserves the right to change these Terms of Use for any reason, with or without notice to you. However, if the Terms of Use change, we will always post the revised Terms of Use on this Website, which means that the then-current Terms of Use posted on this Website will always be the governing Terms of Use. We encourage you to review the Terms of Use regularly for any changes. Your continued use of this Website will mean acceptance of any changes we make to the Terms of Use.
The use of the term “Website” includes the Website’s domain and any of its sub-domains, and any Content hosted by or made available on the domain or any of its sub-domains.
This Website and the Content are all offered to you free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. By using this Website or the Content, you agree that you have read, understood and agree unconditionally to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE OR ANY OF THE CONTENT.
These Terms of Use constitute the entire understanding and agreement between you and Ivy with respect to this Website, the Content, and our provision and your use of same.
Communication and Privacy
Ivy is the owner of this Website. If you have any questions about the Terms of Use or this Website, you may email us at info@ivysteel.com or write to:
Ivy Steel & Wire
Attn: Online Marketing
400 N. Sam Houston Pkwy. E.
Suite 1200
Houston, Texas 77060
We know that many visitors to this Website are concerned about the information they may provide and how we may use that information. Ivy is sensitive to those privacy concerns, and protecting your privacy is an important priority to us. Our Privacy Policy governs the collection, use, retention and disclosure of information we gather from this Website.
Accuracy of Information
Although Ivy makes reasonable efforts to ensure that the information provided through this Website is current and accurate, Ivy makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information, and Ivy makes no commitment and disclaims any duty to update such information. Ivy also may, from time to time, post articles and other information provided by third parties that we believe might be of benefit or interest to our users. You acknowledge that the opinions and recommendations of third parties contained in this Website are not necessarily those of the Ivy or endorsed by Ivy. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION AS TO ITS ACCURACY OR RELIABILITY.
Intellectual Property
This Website (including, without limitation, (i) the Content, (ii) the design and layout of this Website, and (iii) all text, web pages, graphics, pictures, button icons, images, audio clips, video, testimonials, letters, articles, and other written materials found on this Website) is protected by copyright and other proprietary and intellectual property rights of Ivy, its Affiliates, or third party licensors. No portion of this Website may be reproduced, displayed, downloaded (including without limitation, any pictures or images), or used in any form, or by any means, without prior written permission from Ivy.
The names, logos, trade dress, and all related product and service names, design marks and slogans of Ivy and its Affiliates are the trademarks or service marks of Ivy, its Affiliates, or third party licensors, and may not used or reproduced without prior written permission from Ivy.
No Warranty; Disclaimer of Liability; Indemnification
This Website contains general information and may contain errors, omissions and inaccuracies. Ivy assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other liability that may arise in relation to this Website. This Website (including the content and information found on this Website) should not be relied upon for any personal, commercial or financial matters, and you should consult an appropriate professional for advice based on your specific circumstances. Ivy may make modifications and/or changes to this Website at any time without notice.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN. THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS BEING USED BY YOU STRICTLY AT YOUR SOLE RISK. IVY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THIS WEBSITE OR THE CONTENT, OR (2) THAT THIS WEBSITE, THE CONTENT, OR THE SERVER THAT MAKES EACH OF THESE AVAILABLE, IS ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
IVY HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND ALL OTHER CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE.
IN NO EVENT SHALL IVY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THIS WEBSITE OR THE CONTENT.
IN NO EVENT MAY THIS WEBSITE OR ANY OF THE CONTENT PROVIDED HEREIN BE DEEMED OR CONSTRUED AS CONVEYING OR MAKING ANY REPRESENTATION, WARRANTY, GUARANTEE, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD OR PROVIDED BY IVY OR ANY OF ITS AFFILIATES.
YOU HEREBY AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS IVY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITY, AND EXPENSES (INCLUDING ATTORNEYS FEES) ARISING OUT OF OR RELATED TO YOUR USE OR RELIANCE ON THIS WEBSITE OR THE CONTENT. THE FOREGOING INDEMNIFICATION OBLIGATIONS APPLY WITHOUT REGARD TO THE ALLEGED FAULT, NEGLIGENCE, OR RESPONSIBILITY OF ANY PARTY.
IN NO EVENT SHALL IVY’S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS WEBSITE OR ANY CONTENT, HOWEVER ARISING, EXCEED A MAXIMUM OF $10.00.
References and Links to Third Party Sites
This Website may refer to, or provide hyperlinks to the webpage of, one of our Affiliates or other individuals, companies, entities, organizations, products or services. These references and links (each, a “Link”) are supplied to you merely as a convenience and the inclusion of any Link does not and shall not imply any approval, endorsement or recommendation by Ivy of such individuals, companies, entities or organizations, products or services.
In addition, Links may be provided to this Website from other sites either known or unknown to Ivy. Please note that accessing any other website linked to or from this Website is done at your own risk (including any website operated by one of our Affiliates). Ivy has not reviewed and is not responsible for the information, materials, or content of any such sites linked to or from this Website and does not make any representations regarding the information, materials, or content or accuracy of materials on such sites.
Additional Terms
If any portion of any provision of these Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, (i) such unenforceable portion of the provision shall be deemed severed from these Terms of Use, (ii) the validity and enforceability of the remaining portion of the provision and the other provisions of these Terms of Use shall not be affected or impaired, and (iii) these Terms of Use shall be amended in order to effect, to the maximum extent allowable by law, the original intent of such provision. The provisions of these Terms of Use that, by their nature, survive the expiration or earlier termination of these Terms or Use or of this Website, shall continue and remain in full force after the expiration or earlier termination of these Terms of Use or this Website, including without limitation, any provisions regarding indemnification of Ivy, intellectual property ownership, the disclaimer of any warranties by Ivy, or the limitation of Ivy’s liability.
Neither the failure of a party to enforce at any time any of the provisions of these Terms of Use nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
Unless expressly set forth otherwise, no right or remedy granted by any provision of these Terms of Use is intended to be exclusive of any other right or remedy provided in these Terms of Use or otherwise, and each and every right and remedy shall be cumulative and shall be in addition to every other right remedy provided in these Terms of Use, at law, in equity, or otherwise, and the election of any one right or remedy shall not constitute a waiver of any right to pursue other rights or remedies under these Terms of Use, at law, in equity, or otherwise.
Governing Law and Jurisdiction
Access to this Website and any and all Content is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and any other applicable law.
This Website is controlled by Ivy, which is headquartered in Houston, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Since each of these places has laws that may differ from those of Texas, by accessing this Website, you agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principals thereof, will apply to all matters arising from or relating to use of this Website or any Content. In the event that any claim, dispute or other controversy arising out of this Website or any Content, these Terms of Use, or any other disputes arising out of or regarding this Website cannot be amicably settled through good-faith discussions, you hereby irrevocably consent to the jurisdiction of the federal and state courts in Houston, Texas as the exclusive forum and venue for the resolution of such disputes, and further waive and agree not to assert as a defense or otherwise, that (i) you are not personally subject to the jurisdiction of the above-named courts, (ii) the suit, action or proceeding is brought in an inconvenient forum, or (iii) the venue of the suit, action or proceeding is improper.