Terms of Use for Metal Discounts
Welcome to www.metaldiscounts.com. Listed in these Terms of Use and all policy documents on our website are the conditions under which you may access and use our site, services, applications, and products (collectively “Services”). By accessing or using our Services, you agree to abide by all the written terms.
Metal Discounts is provided to you by Metal Discounts Incorporated., 4-4161 Morris Drive, Burlington, Ontario, L7L 5L5
These Terms of Use govern your use of the Metaldiscounts website, www.metaldiscounts.com (the “Website”) and all of the content, products, services and tools available through the Website. By using the website you are agreeing to these terms. Please read them carefully. Metaldiscounts, “we”, and “us” as used herein refer to Metal Discounts Inc.. “You” refers to you and the entity you represent.
In order to use this website, you must agree to all of the Terms of Service. Please read them carefully. Failure to comply could result in termination of your account.
Amendments to the Terms and Conditions
We reserve the right to amend and update these Terms of Use at any time. Changes will become effective immediately and will be applied to all future access and use of the Website. When you continue to use the Website after the revised Terms of Usage are posted, you acknowledge and accept the changes. Check this page periodically, as any changes to it are binding on you.
Sign up
The Website is only available to authorized Metal Discounts users. Website misuse, misusing login information, and misappropriating information from the Website are strictly forbidden.
Some or all of the Services may require you to register with us and create an account with your email address and a password (your “Account”). Email addresses provided by you will be yours, and passwords will be solely your responsibility. Account activity is solely your responsibility. Therefore, you need to protect your password and make it hard for others to decipher it. Accounts can’t be transferred without our permission.
By connecting to the Services through a third-party service, you give us permission to access, store, and use your information as permitted by the service. If you believe your Account may have been compromised or misused, contact us immediately at support@metaldiscounts.com.
Working Principles
Online trading of industrial materials takes place on the Metal Discounts platform, which is effective, independent, and anonymous. As a reseller, we are strictly a business-to-business platform. Sign up through the website or contact us if you are interested in increasing sales or finding the highest, best use for surplus, obsolete, or secondary materials. In order to sell their material, Metal Discounts asks them for information about the material, its location, and its condition. Once Metal Discounts has listed the material on the Platform and used its marketing program to identify a buyer, Metal Discounts then purchases the material from the seller and sells it to the buyer. Buyers and sellers can leverage the power of the platform anonymously, so they don’t have to worry about channel conflicts or disclosing sensitive inventory information to competitors. A very small listing fee is charged by Metal Discounts to defray operational costs, but it generally makes money by using the Website’s reach and its sales team’s experience to find buyers willing to pay more than the seller’s asking price. Metal Discounts expects sellers on the site to provide quality material and remedy any defects.
Using the Website
In our sole discretion, we may terminate your access to the Website or any part, product, or service of the Website without notice. At any time and without prior notice, we reserve the right to modify the services and information available on the Website. You are responsible for:
• Making sure you have access to the Website and maintain your login details;
• You are responsible for ensuring that all persons who use your login information or internet connection to access this website do so in compliance with these Terms of Use;
• Information that is complete and accurate and the maintenance of its accuracy;
• Use of the Website and its content responsibly;
• Follow all laws and regulations applicable to your use of the Website;
• Keeping up with the payment of any and all fees, charges, and other costs incurred when you use the Website;
• Adhering to the Terms and Conditions.
When you register or use the Website, you acknowledge that we may communicate with you through phone, email, text message, or other electronic means.
Posts will be made in the appropriate category or area and you will not do any of the following things:
• Defy any law
• Provide false or misleading information
• Infringe any third-party rights;
• Distribute or contain spam, chain letters, or pyramid schemes;
• Distribute viruses or any other technologies that may harm Metal Discounts or the interests or property of Metal Discounts’ users;
• Impose an unreasonable burden on our infrastructure or interfere with the proper functioning of Metal Discounts;
• Distribute or copy any other person’s content;
• Use robots, spiders, scrapers, or automated means to access Metal Discounts and collect content without our prior written permission;
• Obtain information about others, including email addresses, without their consent;
• Override or circumvent security measures used to prevent or restrict access to Metal Discounts.
Proprietary Information
All Website content, features, and functionality are the property of Metal Discounts, its licensors, or other content providers, and these materials are protected by law. You do not acquire ownership rights to our Website, our products, services, or content through use of the Website. During your registration term, we grant you a non-exclusive, non-transferable, non-sublicensable right and license to access and use the Website and to use the information available on the Website (the “Information”) for your own legitimate and internal business purposes only. In accepting these Terms of Use, you acknowledge and agree not to use the Website or the Information in any other way than as expressly described, and that you will use it in compliance with all laws, rules, and regulations that may apply in your jurisdiction. In addition, you will not allow any third party to: (a) copy all or any portion of the Website or Information; (b) reverse engineer the Website or Information, or any portion thereof in order to determine how any source code, algorithms, methods, or techniques are incorporated into it; (c) make alterations, interpretations, or derivative works based upon the Website; (d) disclose, market, rent, lease, assign, sublicense, pledge, or otherwise transfer the Website or the Information; (e) deface, alter, or remove any copyright notices, trademarks, or any other proprietary material appearing on the Website; (f) use the Website or Information in any other compilations, materials, products, or services. Any violation of this Section may result in immediate action by us resulting in your registration and/or access to the Website being terminated, and we will seek our legal and/or equitable remedies.
Information from Metal Discounts
All the information on our website is provided “as is” without warranty or guarantee of accuracy, completeness, reliability, or suitability. Platform use is at your own risk. You or any other person visiting the Website, or someone who may be informed of any of its contents, are solely responsible for relying on such information. Content from third parties appears on this Website, such as materials submitted by third-party visitors and third-party licensees. This information is not guaranteed to be timely or accurate by Metal Discounts, and Metal Discounts makes no representations or warranties regarding its reliability. You or any other party cannot hold us accountable for any third-party materials. Our Website’s content is regularly updated, but we do not warrant or guarantee that the content is necessarily current or complete. The material listed on the site is subject to prior sale. Resources and calculators provided on this site are intended for your convenience and do not guarantee an accurate result. The Platform is provided as is, and Metal Discounts is not liable for any errors or defects.
Information from You
The Website will keep your feedback, content, data, information, and other materials you submit and/or receive, as long as such material does not violate the law in any way. We can use this information for any lawful purpose. Any information or material you submit is subject to these Terms of Use, without limitation, and you agree not to submit any information that violates law, third party rights, or is defamatory, obscene, libelous, or otherwise objectionable.
Invoice payment
Paying invoices on time is the responsibility of the buyer. All sales on the site are cash in advance unless otherwise specified.
Responsibilities of sellers
The Metal Discounts Platform includes the following responsibilities for sellers:
• Providing accurate information to Metal Discounts about material available for sale and maintaining that information’s accuracy;
• Adherence to all laws;
• Quickly releasing material for pickup after sale;
• Providing accurate and timely information to Metal Discounts regarding the pickup limitations of material (pickup hours, appointment requirements, etc.);
• Cooperating with Metal Discounts in the resolution of any disputes relating to deficient product sold.
Responsibilities of buyers
The Metal Discounts Platform includes the following responsibilities for buyers
• Payment of invoices on time;
• Accurately describing delivery information and accepting the delivery of purchased material. Metal Discounts requires you to pay liquidated damages equal to twenty percent (20%) of the total cost of the material you refused, as indicated by the invoice for that material.
• Adherence to all laws;
• Checking to ensure you are buying the right material;
• Responding to any defect in material purchased promptly and professionally to Metal Discounts. It is essential that claims are made as soon as practicable, with adequate evidence (photos, etc.), and in compliance with these Terms of Use.
Freight
All purchases will have the option of scheduling freight with their own carrier or Metal Discounts can arrange to have freight shipped at an additional cost not included in the purchase price of any material unless specified on a quote prior to purchase.
To avoid any discrepancies Metal Discounts will take photos of all materials packaged prior to shipping and require all receivers of damaged shipments to document the bill of lading with the driver as well as take any photos to provide the carrier proof of condition upon arrival.
Copyright Notice
The following describes the Copyright Notice for the Metal Discounts Website.
The entire contents of the Metal Discounts website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third-party licensors or related entities.
You do not own rights to any software, application, add-on, plugin, graphics, images, photos, video, or other materials viewed from Metaldiscounts.com. The posting of data on our website does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, in any manner, the material on o0ur website, including text, graphics, code and/or software. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.
In the event that materials hosted by Metal Discounts infringe on your copyright, you can contact us and request the material be removed, or that access to it be blocked. In the notice, you must include the following information: (a) a physical signature of an authorized representative of the owner of the exclusive right alleged to have been infringed; (b) reference to the copyrighted work(s) allegedly infringed; (c) identification of the infringing material or source, and enough details to let us locate the source material; (d) enough information to reach the complaining party, such as an address, telephone number and email address (if available); (e) a statement that the complaining party believes that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right alleged to have been infringed. Notices and counter-notices with respect to the Website should be sent to Metal Discounts at 4-4161 Morris Drive, Burlington ON, L5L 5L5.
Warranty Disclaimer
By downloading the files available on the Website you agree that we cannot guarantee or warrant that the files will be virus-free, or free from other destructive code. You must implement sufficient safeguards so that you are able to keep viruses and other destructive content from harming you, your data, or your property. We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses, or other harmful codes that may infect your computer equipment, computer programs, data, or other proprietary material as a result of using the website or any services or items obtained through it or on any linked website.
It’s at your own risk to use this website and its content, or to obtain any services or products through it. We provide the website, its content, and all services and items available on the website “as is” and “as available” without any express or implied warranties. Our website does not make any warranty or representation regarding its quality, accuracy, reliability, or completeness. Additionally, we do not represent or warrant that the website, its content, or any products or services obtained through the website are accurate, reliable, error-free, uninterrupted, or that defects will be corrected, that our website or the server that makes it available are virus free, or that any other service or item purchased from the website will meet your needs or expectations. We disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular use.
Liability Limitation
To the fullest extent permitted by law, Metal Discounts or its licensors, service providers, employees, agents, officers, or directors will not be liable for any damages, whether in contract, tort, or otherwise arising from your use of this website or any websites linked to it, or any content on the website or such other sites, direct, indirect, special, incidental, consequential, or punitive damages, such as personal injury, pain and suffering, emotional distress, loss of revenue, profit, business, or anticipated savings, loss of use, loss of goodwill, loss of data, regardless of the cause. (including negligence), breach of contract, or otherwise, even if foreseeable. No liability can be excluded or limited in accordance with applicable law in view of the foregoing.
Acknowledgement
The user agrees to defend, indemnify, and hold harmless Metal Discounts, its licensors, and service providers, and each of their officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
Limitation of time for Filing Claims
If you wish to bring a claim or cause of action related to or arising out of this website or its terms of use, please do so within one (1) year after the claim or cause of action accrues. If a claim or cause of action is not filed within one (1) year of accrual, it will be forever barred.
Geo-Restrictions
The owner of this Website is based in the Canadian province of Ontario. We make no claim that the Website or it’s content is suitable for use outside of North America. Certain persons or countries may not be able to access the Website. Outside North America, you must access the Website at your own risk and are responsible for complying with local laws.
Arbitration, Class Waiver and Governing Law.
In the event of a dispute or claim between you and us related to the Website or these Terms of Use, you agree to submit to arbitration. An arbitration under this Section will be governed by the provisions of this Section and shall be binding on both parties. In signing this agreement, you waive your right to participate in any class action or representative proceeding against us. Arbitration under this Section will be conducted on an individual basis. Should our arbitration provisions turn out not to be applicable to your dispute with us or to be unenforceable, this class waiver will still apply to litigation. This class waiver is an essential element of the agreement between us and you, which may not be severed. This arbitration agreement will be deemed null and void if the class waiver is deemed invalid or unenforceable.
Modifications or Terminations
Without prior notice, Metal Discounts may change or terminate the Metal Discounts Platform at any time or for any reason. At any time, for any or no reason, and without prior notice to you, we may alter or terminate your access to the Platform or any aspect thereof. You will remain bound by all of the terms of this Agreement even after it is terminated, including ownership provisions, disclaimers, indemnities, and limitations of liability.
Other
Any and all previous and contemporaneous representations, understandings and agreements between Metal Discounts and you are superseded by these Terms of Use (and any updates hereto). The waiver or failure by Metal Discounts to exercise in any respect any right provided hereunder shall not constitute a waiver of such rights in the future or of any other rights established herein or by law. In the event we retain legal counsel for the purpose of enforcing this agreement against you, we shall be entitled to attorney’s fees and related expenses if we prevail. However, the parties acknowledge that, even in the event a provision of the Terms of Use is determined to be invalid, the trier of fact should still endeavor to give effect to the parties’ intentions, and that the remainder of the Terms of Use shall still remain fully effective. This Agreement allows us to freely assign our rights to third parties. This Agreement may not be assigned without the written consent of Metal Discounts.