TERMS AND CONDITIONS

1. Acceptance of Terms

This describes the terms and conditions applicable to the use of this Steelbroadcast.net website (hereinafter “Steelbroadcast,” “Site,” “we,” “us” or “our”) by any person or agent of a company (hereinafter “You” or “User”). User shall read and agree to the terms and conditions set forth in this agreement prior to using any services at Steelbroadcast. Each time you use the Site you and the company(s) you are using this Site on behalf of are acknowledging your and your represented company’s agreement to these terms.

2. Modifications to this Agreement

We may amend this Agreement at any time by posting the amended terms on our Site. The amended terms shall automatically be effective thirty days (30) after they are initially posted. We may at our sole discretion add, delete or change some or all of our services at any time. Steelbroadcast is an online auction website specifically tailored towards steel products.

3. Content

Steelbroadcast does not own, sell, or warehouse any of the material or products displayed on the Site and we do not process any payments for listed material or facilitate shipment. Steelbroadcast is solely designed to provide a forum for buyers and sellers to advertise and to arrange for the exchange and/or payment of steel goods purchased through the use of this Site.

4. Service and Fees

Becoming a User of Steelbroadcast and placing a bid/offer is free. Fees will be incurred for using services that post items or inquires to the website. The fee structure may change from time to time, but at least twenty (20) days notice will be given. Changes to the fee structure will be effective following the twenty (20) day notice period. Unless otherwise stated, all fees are quoted in U.S. Dollars.

As a User you are responsible for paying all fees and applicable taxes associated with our Site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, Steelbroadcast may collect fees owed using any and all collection mechanisms available to it. This includes charging other payment methods (e.g., credit card) on file with Steelbroadcast, and/or retaining collection agencies and legal counsel. Steelbroadcast retains the right to seek payment both from the User and any company for which the charge(s) were incurred.

You and Steelbroadcast 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.

5. Conduct

User agrees not to misuse or abuse his/her ability to use this website, which includes, but is not limited to:

a) Violating any laws in accordance with Federal, State and Local regulations;

b) Misrepresenting himself/herself and/or the User’s business and/or principle (if an agent of another company) when creating or using an account;

c) Manipulating or interfering with another User’s listing;

d) Taking any action that could overload our infrastructure;

e) Interfering or attempting to interfere with the proper working of the site or any activities conducted on the site;

f) Manipulating the system to avoid paying fees owed to Steelbroadcast; and

g) Harvest or otherwise collect information about Users, including email addresses, without their consent.

6. Limitations on Service

Without limiting other remedies, Steelbroadcast may limit, suspend or terminate our service and User accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. Steelbroadcast also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long period of time.

User agrees to not utilize the website if he/she is not able to form legally binding contracts; if under the age of 18 you must be an authorized agent of the company.

User agrees to deliver payment for Items purchased, within the agreed upon payment terms, unless the seller materially changed the item’s description after a bid/offer was placed, a clear typographical error was made, or the seller’s identity cannot be authenticated.

User will deliver and/or allow for pickup of any item purchased by another User, unless the buyer fails to meet the posted terms, or the buyer‘s identity cannot be authenticated.

7. Content Liability and Release

The material or product content the User provides to Steelbroadcast will be deemed not confidential. The User grants Steelbroadcast an unrestricted, non-exclusive, worldwide, perpetual, irrevocable, royalty- free license to use, reproduce, display, modify, transmit and distribute the content in any media now or in the future. You also agree that Steelbroadcast is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Michigan Commercial Code § 2401(2) (MCL § 440.2401(2)) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Michigan Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.

We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

User will not hold Steelbroadcast responsible for other Users’ content, actions, inactions, item descriptions or items listed.

User understands that all agreements are between the Users of Steelbroadcast as buyers and/or sellers. Steelbroadcast has no stake or involvement in the completion of resulting transactions and will not get involved in the disputes between buyers and sellers. Payment terms are agreed upon between seller and buyer. Both Users in 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 User’s participation on the site User agrees to release Steelbroadcast (and its officers, directories, agents, subsidiaries, joint ventures and employees) from any disputes, claims, demands, and/or damages (including but not limited to loss of profits, goodwill, savings, downtime, damage to or replacement of programs and data) arising out of or resulting from User’s use of the site, emails sent by site, auctions, listings, bids, inquires , requests for quote, uncompleted or completed transactions, or items offered or actually sold.

If User is a California resident, User waives California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

8. Website Availability

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. Steelbroadcast 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.

Steelbroadcast is not responsible for damage or loss caused by errors in the Steelbroadcast website or the Internet. The system may be unavailable as a result of errors or circumstances beyond our control. Use the Steelbroadcast website at your own risk. Steelbroadcast cannot guarantee that we will notice or prevent any inappropriate use of this Site.

It is up to the User to verify that a buyer/seller is an authorized, employed representative of the listing company. Steelbroadcast will not accept any responsibility to confirm that each User is who they claim to be on the Site.

9. Limitations of Liability

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

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.

10. Privacy

Steelbroadcast does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Steelbroadcast Privacy Policy. We view protection of Users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the Steelbroadcast Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

11. Indemnity & Release

User’s will indemnify and hold Steelbroadcast (and it’s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Neither we nor anyone else involved in creating, producing or delivering the Site shall be liable for any indirect, incidental, special, exemplary or consequential damages arising out of use of the service or inability to us 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.

12. Notices

Except as explicitly stated otherwise, legal notices shall be served on Steelbroadcast’s registered agent (in the case of Steelbroadcast) or to the email address you provide to Steelbroadcast during the registration process (in your case). Notice by Steelbroadcast shall be deemed given 24 hours after e-mail is sent, unless Steelbroadcast is notified that the email address is invalid. Alternatively, Steelbroadcast may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

13. Resolution of Disputes

If a dispute arises between you and Steelbroadcast, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Steelbroadcast agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact Page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Michigan as they apply to agreements entered into and to be performed entirely within Michigan between Michigan residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Steelbroadcast must be resolved by a Michigan court located in the Steelbroadcast’s county of residence, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Kent County, Michigan for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against Steelbroadcast must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Steelbroadcast may recover its actual attorneys' fees and costs, provided that Steelbroadcast has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

14. General

The mailing address for Steelbroadcast is P.O. Box 23, Spring Lake, Michigan 49456. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, Steelbroadcast may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement, and waiver of any single breach does not waive Steelbroadcast’s right to take action against any other, similar or identical future breach. Any inaction by Steelbroadcast by its failure to act or react to any breach of this agreement by User shall not be deemed to be a waiver of Steelbroadcast’s rights to take action against said breach. Any waiver by Steelbroadcast shall be in writing or shall be otherwise void and unenforceable against Steelbroadcast.