International Steel Structures (“ISS”) legal notice
1. LEGAL INFORMATION AND AGREEMENT
The use of this Website makes the person using it a user of the Website (hereinafter referred to as the "User") and implies acceptance of all conditions included in this Legal Notice. The provision of the Website service has a duration limited to the time that the user is connected to it or to some of the services provided through the Website. Therefore, the User should carefully read this present Legal Notice every time he or she chooses to use the website, as both the Website and conditions of use to be bound in this Legal Notice may undergo modifications. The acceptance of this Legal Notice implies that the User knows its terms and commits to comply with them. Under no circumstance will International Steel Structures (hereinafter referred to as “ISS”) guarantee the availability or the maintenance of accessible services through the Website in the future. ISS may at any time decide to interrupt, suspend or permanently cancel this Website without incurring any liability for compensation to Users.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the website content, which is understood to include (but not limited to) text, photographs, graphics, images, icons, widgets, technology, software, links and any other audiovisual or audio content, as well as its graphic design and source code (hereinafter the "Content"), is the intellectual property of ISS, and Users shall not be deemed to be assigned any rights of use of intellectual property under current legislation. Notwithstanding the foregoing, during the time that Users remain connected to the Website they may use such Content to the extent that it is necessary for navigation and only insofar as such Content is accessible in accordance with the rules contained in this Legal Notice. Once the User logs out of the Website, he/she will not retain any right to use the above mentioned Content.
3. WEBSITE TERMS OF USE
3.1. General
Website Users undertake to make proper use of the Website in accordance with the Law and this Legal Notice. Any User who breaches the law or this Legal Notice shall be liable to ISS or third parties for any damages and loss that may be caused by breach of said obligation.
It is expressly forbidden to use the Website for purposes injurious to the property or interest of ISS of which otherwise overload, damage or disable the networks, servers and other computer equipment (hardware) or products and applications (software) of ISS or third parties.
3.2. Contents
Website Users undertake to use the Content in accordance with the USA law and this Legal Notice and in accordance with any other conditions, regulations and instructions that may be applicable to particular services under the provisions of clause
1. Users must not engage in activities including, but not limited to, the following:
- Reproducing, copying, distributing, making available, public communication, transformation or amendment of the Content except as permitted by law or where expressly allowed by ISS or by whoever owns the operating rights where appropriate. - Reproduction or copying, for private use, of any Content that may be considered Software or a Data Base as per current legislation on intellectual property, and its public communication or supply to third parties when such acts necessarily involve reproduction by the User or any third party. - Extraction and/or reuse of all or a substantial part of the Website Content and of the data bases that ISS makes available to Users.
3.3. Data collection forms Notwithstanding the provisions of clause 7 of this Legal Notice, the use of certain services or applications are conditional upon prior completion of the corresponding User registration.
All information provided by the User through the Website forms for the above or any other purposes must be true. To this end, the User guarantees the authenticity of all data provided and that he/she shall ensure that the information provided is fully updated so that it reflects, at all times, the real situation of the User. In any event, the User shall be the solely liable for any false or inaccurate statements made and the damage caused to ISS or to third parties by the information provided.
3.4. Adding links to the Website Internet users or Information Society Service providers who wish to introduce links from their own web sites to the Website must comply with the conditions listed below:
- The link may only connect to the home page or main page of the Website but cannot reproduce it in any way (inline links, copy of text, graphics etc.) Web 2.0 type Interactive systems offered from the Website to link to it from social networks are exempt from the foregoing. Also, the incorporation of products, services or programs of ISS which consist of windows devices or widgets are exempt from the foregoing as long as they are inserted in the Users' Web pages according to their respective General Conditions of Contract. - In all cases, it shall be forbidden, in agreement with applicable law in force at all times, to establish frames of any kind that involve the Website or permit the display of the Content through internet addresses other those of the Website, and, in all cases, when they are displayed together with Content that does not belong to the Website, such that: (i)it causes, or may cause error, confusion or deception among users about the true origin of the service or Content; (ii) it involves an act of unfair comparison or imitation; (iii) it serves to exploit the brand reputation and prestige of ISS or; (iv) it is, in any other way, prohibited by applicable law. The incorporation of products, services or programs of ISS which consist of windows devices or widgets are exempt from the foregoing as long as they are inserted on the Users' Web pages according to the respective General Conditions of Contract. - The page that introduces the link shall not make any false, inaccurate or incorrect statement about ISS, its partners, employees, and members or about the quality of the services that it offers to the users. - In no case shall it be stated on the page where the link is located that ISS has consented to the inclusion of the link, or that it otherwise sponsors, collaborates with, verifies, or supervises the services of the sender. The incorporation of products, services or programs of ISS which consist of windows devices or widgets are exempt from the condition above as long as they are inserted on the Users' Web pages according to their respective General Conditions of Contract. - It is prohibited to use any name, graphics or mixed, or any other distinguishing sign of ISS except as permitted by Law, or where expressly authorized by ISS, and where, in these cases, a direct link with the website is permitted in the manner prescribed in this clause. The incorporation of products, services or programs of ISS which consist of windows devices or widgets are exempt from the foregoing as long as they are inserted on the Web pages in the predefined way by ISS without making any changes and in accordance with the respective General Conditions of Contract. - The page which establishes the link shall comply faithfully with the law and may not, under any circumstances, provide or link to its own content or content of third parties that: (i) is illicit, offensive or contrary to morality and decency (pornography, violence, racism, etc.); (ii) induces, or could induce the false impression in the User that ISS, endorses, adheres to, or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (iii) is inappropriate, or irrelevant to the business of ISS in the place, content, and subject matter of the sender's Website.
4. EXCLUSION OF LIABILITY
4.1. Service Quality
Access to the Website does not entail obligation on the part of ISS for ensuring complete absence of viruses, worms or any other harmful third party or computer elements ("Malicious software" or "malware") during navigation. In all cases, it is the User's responsibility to ensure the availability of adequate tools for detection and elimination of malicious software. ISS is not responsible for any damage caused to the computers of Users or third parties due to the actions of third parties during provision of the Website service.
4.2. Service Availability
Access to the Website requires the services and supplies of third parties, including transmission through telecommunications networks whose reliability, quality, security, continuity and operation is not the responsibility of ISS. Accordingly, the services provided through the Website may be suspended, cancelled or may be inaccessible, prior to or simultaneously with the provision of the Website service and without requirement for prior notification by ISS. Notwithstanding the above, in the event that, for any reason, ISS definitively stops providing the services of the Website, ISS will do its best to inform the Registered Users of such incident.
ISS shall not be liable for any damages of any kind caused to the User as a result of failures, or disconnections in the telecommunications networks that produce suspension, cancellation, or interruption of the Website service during or prior to provision of the same.
4.3. Third party content hosted by ISS
The Website includes or may include the possibility that Users, whether registered or not, include comments on the products or otherwise participate by issuing personal opinions or specific information. Also, some products, services or programs of ISS can include third party content. In these cases, ISS acts as a provider of brokerage services for hosting in accordance with article 16 of the Law 34/2002, 12th July, on the Services of the Information Society and Electronic Commerce ("LSSI"), and will only be responsible for the content uploaded by other users to the extent that it is aware of its illegality and has not withdrawn illegal content with due diligence. In the event that the User considers that there are comments or contents uploaded by other Users which are unlawful or inappropriate, he/she may inform ISS in accordance with the procedure and the purposes specified in clause 5 of this Legal Notice, without this communication entailing any obligation to remove the comment or content.
In no case shall the existence of third party comments or content presuppose the existence of agreements with the authors thereof, or the recommendation, promotion or identification of ISS with the statements or information provided.
4.4. Confidentiality of information transmitted via the Website.
ISS has adopted the legally required security measures to ensure the confidentiality and secrecy of personal data that Users provide on our Website. Notwithstanding with the foregoing, the transmission of such data to ISS shall circulate via third party telecommunications networks which are not controlled by ISS. Additionally, the existence of malicious software on their computer equipment may mean that such information may be forwarded or retrieved without their knowledge.
ISS shall not be liable for lack of confidentiality of information transmitted by third party telecommunications equipment and networks or for the software or hardware vulnerabilities of the equipment of the Users themselves.
5. NOTICE OF ACTIVITY OR SERVICES OF THIRD PARTIES OF AN ILLEGAL AND IMPROPER NATURE
In the event that the User or any other Internet user becomes aware that Linked Sites or any other third party service provided by ISS (e.g. User comments where permitted, etc.), are illegal, harmful, degrading, violent or contrary to morals; or that any of the information provided by the Users themselves, through the services offered on the Portal, are such as described above, you may contact ISS and you should include the following information:
- Personal Data of the sender: name, address, telephone number and email address. This data will be treated with the sole purpose of processing your request and will be included in a file for which ISS is responsible for the sole purpose of addressing your request. You may exercise your rights of access, rectification, cancellation and objection as described in the Privacy Policy (add link to Privacy Policy). The omission of any such data may mean that your request is not addressed, without prejudice to any voluntary enquiries that ISS may wish to make. - Description of the facts that reveal the illegal or inappropriate nature of the Linked Site; - In the case of breach of rights such as intellectual and industrial property or any other whose existence cannot be deduced by ISS, personal data of the owner of the rights infringed, where someone other than the reporting party, and proxy statement to act on behalf of the owner when someone other than the reporting party. Additionally, in these cases, the documentation must be provided to prove the existence of injured legal title or property; - Express statement that the information contained in the complaint is accurate.
Reception by ISS of the report provided under this clause shall not imply, in accordance with the LSSI, actual knowledge of the activities and/or content specified by the reporting party.
6. DATA PROTECTION
Users who want to know what data processing takes place on the Portal can read our Privacy Policy at the following address: (add link).
7. CUSTOMER SERVICE
If you have any questions or suggestions, complaints or want to ask about building technology, please contact ISS Customer Service via any of the following contact details:
- By email to this address: mark@ISStubes.com - By telephone number: (737)230-7983 or (305)916-1855.
ISS will resolve complaints as quickly as possible and, in all cases, within the period of one month. In the event that the complaint is not resolved satisfactorily, it may be sent to the extrajudicial system of conflict resolution as indicated in the previous point.
You agree to indemnify, defend and hold harmless ISS, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the ISS Websites or violation of these Terms. ISS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ISS’s defense of such claim, and in no event may you agree to any settlement affecting ISS without ISS’s written consent.
When you visit the ISS Websites or send e-mails to ISS, you are communicating with ISS electronically. We may respond to you by e-mail or by posting notices on the ISS Websites. You agree that all such notices, disclosures and other communications that ISS provides to you electronically satisfy any legal requirement that such communications be in writing.
All ISS products and publications are commercial in nature. The software, publications and software documentation available on the ISS Websites are “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, ISS’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Information on the ISS Websites is not promised or guaranteed to be correct, current or complete, and the ISS Websites may contain technical inaccuracies or typographical errors. ISS assumes no responsibility (and expressly disclaims responsibility) for updating the ISS Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ISS Websites. ISS provides no assurances that any reported problems will be resolved by ISS, even if ISS elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE ISS WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ISS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ISS MAKES NO WARRANTY THAT THE ISS WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE ISS WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
IN NO EVENT WILL ISS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ISS WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ISS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ISS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ISS’s liability shall be the minimum permitted under such applicable law.