Viking Materials, Inc. (“Viking Materials”) has developed a password-controlled portal site (the “Portal Site”) that allows our customers to view account information relating to their purchases of steel products and processing services from Viking Materials, such as open order information, delivery status, mill test reports, etc. The following are the terms and conditions of use of the Portal Site (“Terms of Use”). Viking Materials will allow you to access the Portal Site by the use of your special user identification (“Login ID”) and password (“Password”). By logging in to the Portal Site, you confirm that you are eligible to access the Portal Site and agree to observe and be bound by all of these Terms of Use, as may be amended from time to time by Viking Materials.
1. Introduction.
Viking Materials provides the Portal Site to enable convenient communication between Viking Materials and its customers. As the owner of the Portal Site, Viking Materials reserves the right to modify these Terms of Use, at any time and from time to time, with or without notice.
2. Passwords and Security
Viking Materials will provide you with the Login ID and Password for your access to the Portal Site. You the customer, are responsible for maintaining the confidentiality of your Login ID and Password and for all activities that occur under your Login ID and Password. You agree to notify Viking Materials immediately of loss, misplacement, theft or other misappropriation of you Login ID or Password and any actual or suspected unauthorized use the Portal Site. You further agree to log out of your Portal Site account at the end of each session. Viking Materials will not be liable for any loss or damage arising from your failure to comply with the requirements stated in these Terms of Use. Login ID and/or Password are subject to periodic change as deemed necessary or desirable by Viking Materials.
3. Privacy and Data Collection
Viking Materials may record each instance that your Login ID and Password are used to access the Portal Site and the time and duration of each session of your use of the Portal Site. Viking Materials may also record information regarding your access to the Portal Site. Viking Materials will not provide information provided by you regarding your customer base customer profile or other demographic information to advertisers and vendors of Viking Materials. In addition, Viking Materials will not provide your email address to any entity that is not our subsidiary or affiliate. However, your email address and other personal information as provided on the Portal Site will be available for other users of the Portal Site.
4. Conduct
As a condition of your continuing use of the Portal Site, you hereby agree that you will use the site only for the purpose of conducting business with Viking Materials. You will not use the Portal Site for any purpose that is unlawful or for any purpose not expressly authorized by these Terms of Use. The Portal Site is provided to customers of Viking Materials only for exchanges of information and other uses related to Viking Materials. You may not use the Portal Site for personal use or business use unrelated to Viking Materials. Any improper or unauthorized use of the Portal Site is expressly prohibited, and Viking Materials reserves the right to suspend or terminate, without prior notice the account of any consumer that uses the Portal Site for an unauthorized purpose.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to the Portal Site is strictly prohibited.
You hereby acknowledge that all messages, data, text, photographs, graphics, video and other materials or information transmitted via the Portal Site (except Owner Content (as defined below) posted by Viking Materials ), whether posted for general viewing or transmitted privately (“User Content”), are the sole responsibility of the customer from which an item of User Content originated. If you upload, post, send a message or otherwise transmit any User Content, you are responsible for its compliance with these Terms of Use. Viking Materials reserves the right to screen, edit or control User Content. Viking Materials does not accept responsibility for the truthfulness, accuracy or suitability of User Content. Under no circumstances will Viking Materials be liable in any way for any User Content, including errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed or otherwise transmitted via the Portal Site.
You agree not to use the Portal Site to:
Viking Materials will immediately suspend or terminate, without prior notice, the rights of any customer or user that it believes in its sole discretion, is being used to disseminate spam, unsolicited bulk e-mail, or any other User Content prohibited by these Terms of Use.
5. Ownership of User Content
Any User Content transmitted via the Portal Site shall become the property of Viking Materials.
6. Intellectual Property Rights
Viking Materials is the owner or primary licensee of, and will retain all right, title and interest in and to the Software (as defined below) and all Owner Content prepared for, or used on, the Portal Site, and all intellectual property rights in or to any of them. Viking Materials hereby grants to you a temporary, non-transferable and non-exclusive right and license to use the object code of the Software. You shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or to sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, either directly or through your representatives, agents, employees or independent contractors. You agree not to modify the Software in any manner or form, or to use modified versions of the Software for any purpose whatsoever, including, but not limited to, obtaining unauthorized access to the Portal Site. You agree not to access the Portal Site by any means other than the interface that Viking Materials provides for use in accessing the Portal Site.
“Owner Content” means all text, images, sounds, files, videos, designs, animations, layouts, color schemes, trade dress, concepts, methods, techniques, process and data used in connection with, displayed on, or collected from or through the Portal Site provided by or on behalf of Viking Materials.
“Software” means all computer programs and computer code used for, with or on the Portal Site, excluding any software programs owned by third parties.
Except for the limited license to use the Portal Site as expressly provided herein, nothing herein or on the Portal Site shall be deemed or construed as granting or conferring any right, title or license under any intellectual property right of Viking Materials, including but not limited to any right in the nature of trademark or copyright of Viking Materials or any third party, whether by estoppel, implication or otherwise. All brands and names appearing on the Portal Site are, at all time shall remain, the sole and exclusive property of their respective owners.
7. Indemnity
You shall indemnify and hold Viking Materials and its affiliates, subsidiaries, officers, agents, and employees harmless from any claim, demand, action, cause of action, suit or other proceeding on account of any damages, fines, penalties, losses, costs, expenses (including reasonable attorney's fees) and liabilities of every kind and nature whatsoever, directly or indirectly arising out of, relating to, or result from: (i) User Content submitted, posted, or transmitted through the Portal Site, or (ii) any violation by you of these Terms of Use.
8. Use and Storage
Viking Materials may establish general practices and limits concerning the use of the Portal Site. Viking Materials disclaims any responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Portal Site. Viking Materials shall have the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Viking Materials may (but is not required to) store and preserve User Content in accordance with established policy and may disclose it if required by law or in the good faith belief that such disclosure is reasonably necessary or appropriate (i) to comply with the legal process, (ii) to enforce these Terms of Use, (iii) to respond to claims that any User Content violates the rights of third parties, or (iv) to protect the rights, property and personal safety of Viking Materials, its employees and franchisees. Viking Materials may transmit and store User Content over various networks, computer servers and other technological means, and Viking Materials may modify User Content to conform and adapt it to technical requirements of connecting networks or devices.
9. Termination
Viking Materials may suspend your Password, Login ID or any other use of the Portal Site, and remove and discard any of your User Content, upon your violation of these Terms of Use. Upon termination of your business relationship with Viking Materials, your Password, Login ID and any other use of the Portal Site shall be terminated. You acknowledge and agree that Viking Materials shall not be liable to you or any third party for any termination or suspension of your access to the Portal Site.
10. Links and Advertising
The Portal Site may provide, or third parties may provide, links to other World Wide Web sites. Viking Materials is not responsible for the availability of such external sites, and neither endorses nor assumes any responsibility for any content, advertising, products or other materials on or available from such sites. Viking Materials is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site. All consideration (monetary or non-monetary) received by Viking Materials on account of the placement or sale of advertisements, endorsements and sponsorships on the Portal Site will belong solely to Viking Materials.
11. Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Portal Site is at your sole risk. Viking Materials attempts to ensure that the information provided or otherwise displayed on the Portal Site is secure and accurate. However, the Portal Site and its contents are provided on an “as is, as available” basis. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications or settings.
12. Limitation of Liability
You expressly acknowledge and agree that neither Viking Materials nor its affiliates, contractors, suppliers or licensors shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if Viking Materials has been advised of the possibility of such damages), resulting from (i) your use of or inability to use the Portal Site, (ii) unauthorized access to or alteration of your transmissions, data or other User Content, (iii) statements or conduct of any third party on the Portal Site, or (iv) any other matter relating to the Portal Site. Without limiting the generality of the foregoing, Viking Materials specifically disclaim, and you expressly waive, any liability for the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered in to through or from the Portal Site.
13. General
These Terms of Use constitute the final and entire agreement between you and Viking Materials relating to your use of the Portal Site and govern your use of the Portal Site, superseding any and all prior understandings or agreements, whether written or oral, between you and Viking Materials regarding the subject matter hereof. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content or third party software. These Terms of Use and the relationship between you and Viking Materials shall be governed by the provisions set forth in your employee manual.
Viking Materials reserves all available legal rights and remedies and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Viking Materials may possess.
The failure or delay of Viking Materials to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.