Terms of Use

Please recognize that by accessing and browsing this Website, you accept, without limitation or qualification, the following Terms of Use.

 

Accuracy of Information

As part of our business practices, we attempt to ensure that information on this Website is complete, accurate and current. Occasionally, despite our best efforts, there may be a small amount of information on this Website that is inaccurate, incomplete or outdated. We apologize in advance for any such inaccuracies that we do not detect, and encourage you to contact us should you find any such information, so that we can address it right away.

 

Shipping and Service Limitations

We make every effort to ship your order within one business day. All purchases from this Website are made pursuant to a shipment contract. Rarely, in attempting to fill your order, we may determine that the shipping address specified is not a valid address.. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of payment, shipping or other customer information prior to the acceptance and/or shipment of any order.

 

Sheet Metal Orders

The sheet metal products purchased through this Website are within standard mill tolerances and finishes. While we have a team of customer care representatives available to answer questions about our products and services, they are assisting you remotely based upon the information you provide, and accordingly are not in the best position to determine the suitability of materials for your proposed use, or the quantity you will need. We recommend that as warranted, you seek professional assistance from individuals before placing your order, particularly for custom cut items. Please note that custom cut items within specified tolerances are not returnable. We kindly encourage you to review our Shipping and Return Policies for additional information.

 

Protected Content of This Website

All text, graphics, information, content, logos, names, and other information and materials displayed on the Website or that can be downloaded from this Website, including its design, are protected by copyright, trademark and other laws. This information may not be used except as permitted in these Terms and Conditions or with prior written permission of Cut2SizeMetals.com. All rights are reserved. You may not modify the information or materials displayed on this Website or that can be downloaded from this Website in any way or reproduce or display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

 

Third Party Links

From time to time, this Website may contain links to Websites that are not owned, operated or controlled by Cut2SizeMetals.com. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other Website.

 

No Linking to This Website

You are expressly prohibited from creating or maintaining any link from another Website to any page on this Website without our prior written permission. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is also prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.

 

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered offensive or violate any applicable law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including the immediate removal of the related materials from this Website. We will cooperate fully with law enforcement authorities requesting or directing us to disclose the identity of anyone posting such materials.

 

User Information

Other than personally identifiable information (such as your name, contact information, order details and payment information), which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

 

Application of Laws

It is your responsibility to obey all applicable local, state, federal and international laws (including minimum age requirements) that apply to the use of this Website, including any purchase attempted or made through this Website. By placing an order, you represent that you are the individual or organization identified in the contact and payment information you provide, and that you are authorized to place the order. You also represent that you are 18 years of age or older and that the products ordered will be used only in a lawful manner.

 

Revisions to these Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. We recommend that you review our Terms and Conditions periodically, since any changes made will apply to orders made after the effective date of the change. These Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

 

Choice of Law

These Terms and Conditions supersede any other agreement between you and Cut2SizeMetals.com to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of Indiana, without giving effect to any principles of conflicts of laws. You understand and agree that any action seeking legal or equitable relief arising out of or relating to this Website shall be brought only in the courts of Indiana.

 

Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason. If so, you remain liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time.

 

Disclaimers

THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CUSTOMER RECOGNIZES AND ACCEPTS THE FACT THAT SHEET METAL COMES WITH STANDARD MILL TOLERANCES AND FINISHES. CUT2SIZEMETALS.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THESE EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES DESCRIBED, INCLUDING, FOR EXAMPLE, THOSE PROVIDED BY THEIR RESPECTIVE MANUFACTURERS, IF ANY. WE MAKE NO REPRESENTATIONS AS TO THE SUITABILITY OF THESE MATERIALS FOR YOUR POTENTIAL APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WE ALSO EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Limitations of Liability

IN NO EVENT WILL CUT2SIZEMETALS.COM OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOSS OF USE, LOSS OF DATA OR BUSINESS INTERRUPTION). THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

 

Additional Assistance

If you have any questions or comments, we invite you to email us at info@Cut2SizeMetals.com or contact our Customer Care Department during regular business hours (7:30 a.m. to 4:00 p.m. Central Time (CT) Monday-Friday, except holidays) at (812) 429-1634.

 

Effective Date

These Terms of Use become effective on August 17, 2009.

Cut2SizeMetals.com is an online division of Evansville Sheet Metal Works, Inc.