PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. This website (this "Website") is a service offered by ISRI Services Corp. (“ISC”). This Terms and Conditions of Use Agreement (the "Terms and Conditions of Use" or "Agreement") describes the terms and conditions applicable to your access and use of this Website and ISC’s services offered on this Website. ISC may revise this Agreement, in our sole discretion, at any time by posting the amended Terms and Conditions of Use on this Website, and you agree that you will be bound by any changes to the Terms and Conditions of Use. For your convenience, the date of last revision is included at the bottom of this page. By using this Website after we post any changes to these Terms and Conditions of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, you should not use our Website. You understand that ISC may discontinue or restrict your use of this Website for any reason.
1. Scope of Terms and Conditions of Use
Unless indicated otherwise, these Terms and Conditions of Use apply to your use of the websites that are owned or operated by ISC or its affiliates (collectively, "we," "us," or "our"), including, without limitation, this Website and any other website(s) that we may own or operate currently or in the future (collectively, our "Websites"). For purposes of these Terms and Conditions of Use, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by or under common ownership control with ISC.
2. Terms and Conditions of Use - In General
By using this Website, you agree to be legally bound and to abide by these Terms and Conditions of Use, just as if you had signed this agreement. If you do not comply with these Terms and Conditions of Use at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to the Websites (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Websites, including, but not limited to, (i) restricting the time the Websites are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Websites. You agree that any termination or cancellation of your access to, or use of, the Websites may be effected without prior notice. If you do not abide by the provisions of these Terms and Conditions of Use, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Websites. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.
From time to time, we may supplement these Terms and Conditions of Use with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on this Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions of Use.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions of Use. You acknowledge that this Website contains information, software, photos, text, graphics, images, messages, comments, feedback, and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks, servicemarks, and logos appearing on this Website are trademarks of their respective owners. ISRI is the trade name and the registered trademark and servicemark of the Institute of Scrap Recycling Industries, Inc. ISC is the owner of the trademarks, RIOS™ and R2/RIOS™ (collectively, the “ISC Marks”). Our partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. No graphics, images, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or ISC. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered User
There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from eligibility to submit information to or receive information from this Website. You must register in accordance with instructions that you will find on this Website to have use of the "Preferences" feature of our Website. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself ("Registered User Data"), and to maintain and promptly update the Registered User Data to keep it accurate.
Without limiting any other provision of these Terms and Conditions of Use, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). ISC may also report the use or submission of false information to applicable law enforcement authorities. You agree not to assign, transfer or sublicense your rights as a registered user of this Website. ISC has the sole discretion to determine your level of access as a registered user and may change that level of access at any time for any reason. Registered user access and privileges are subject to compliance with these Terms and Conditions of Use.
5. Privacy and Security
6. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, text, graphics, questions, messages, comments, feedback, and other materials posted, emailed, or otherwise transmitted to, on or through this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to or through this Website. We do not control the Postings posted, emailed or otherwise transmitted via our Website by registered users and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have established procedures for the regular monitoring of all Postings and Content to minimize inappropriate submissions and adopted community standards and conduct guidelines for the registered users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of ISC, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with ISC, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
k. "Stalk" or otherwise harass another user or employee of this Website; or
l. Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention.
We reserve the right to monitor some, all, or no areas of this Website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
8. Posting Timeliness
A Posting to the Website will be deemed valid for a period of 14 calendar days and will remain on the Website during that period unless ISC deems, in its sole discretion, it necessary to remove such Posting prior to expiration of the 14 day period. Once deleted from the Website, the Posting is eliminated from the database and cannot be retrieved. ISC is not responsible for maintaining backup files or other archive mechanisms for the Website.
9. Parental or Guardian Permission
PERSONS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE.
E-Mail submissions over the internet may not be secure. Please do not email ISC any personal or confidential information.
These Terms and Conditions of Use apply only to this Website and, except with regard to any other website owned by ISC or its affiliates, not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). ISC, its affiliates or third parties on this Website provide these links to other websites as a mere convenience, and use of these sites is at your own risk. You should direct any concerns with respect to any other website to that website's administrator or webmaster.
12. Third Party Users
You may be directed by a Posting to contact particular third parties (“Third Party Users”) with or for information about any particular posting. All matters concerning the Postings are solely between you and the Third Party Users. We make no warranties or representations whatsoever with regard to any information provided by the Third Party Users. You will not consider us (and we will not be construed as) a party to such Postings, whether or not we may have received some form of revenue or other remuneration in connection with such Postings, and we will not be liable for any costs or damages arising out of, either directly or indirectly, to you or any other person involved or related to the Postings.
13. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact our designated agent for notice of claims of copyright infringement: Scott Horne, General Counsel /Vice President of Government Relations, Institute of Scrap Recycling Industries, Inc., 1615 L Street NW - Suite 600, Washington, DC 20036.
14. Your Password and User Account
You may be assigned a username and password with which to access restricted areas of this Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You are solely responsible for any and all uses of your username and password. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. .
15. Postings Disclaimer
ISC makes no warranties or guarantees that Postings will be delivered to or read by registered users of this Website.
16. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER ISC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER ISC, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE ISC WEBSITE OR THE WEBSITES OF ANY OF ITS AFFILIATES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE ISC SITES OR ANY WEBSITE OR WEBSITES LINKED TO THE ISC SITES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
You agree to indemnify, hold harmless and, at our option, defend ISC and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms and Conditions of Use, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
19. Governing Law and Choice of Forum
This Agreement shall be deemed to have been made in Washington, DC, and all licenses hereunder granted there for all purposes and shall be governed exclusively by and construed in accordance with the laws of the District of Columbia, without regards to any principles of conflict of laws, and the parties expressly opt out of all applicable international treaties and conventions that may impact the making, performance or enforcement of this Agreement. Notwithstanding the foregoing, the federal laws of the United States, all foreign laws and all international treaties and conventions that provide ISC with protections and/or rights in connection with ISC's intellectual property and trade secrets shall apply. Notwithstanding the foregoing, ISC may bring suit in any court or before any other body if it deems it necessary to enforce or protect its intellectual property or confidential information, or to enforce its rights or your obligations under this Agreement. This Agreement shall be interpreted in English only and all proceedings of any type related to this Agreement shall be conducted in English only. All amounts under this Agreement are in United States Dollars.
20. Miscellaneous Terms
In any action arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use are the entire agreement between you and us relating to the subject matter herein and supersedes and replaces all prior or contemporaneous agreements, written or oral, as to the subject matter.. These Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Neither this Agreement nor any provision hereof may be released, discharged, waived, abandoned, or modified in any manner, except by an instrument in writing executed by both parties. Any waiver of a default or condition hereof by either party shall not be deemed a continuing waiver of such default or condition. Any delay or omission by either party to exercise any right or remedy under this Agreement shall not be construed to be a waiver of any such right or remedy or any right hereunder ISC and its advertisers, other suppliers and other third parties to whom there are active hyperlinks on our Website, are not partners or joint venturers, and there is no other type of agency between them, and none may hold itself out as such, or as having any authority to bind or create obligations or liabilities for the other.
Headings are inserted only for the purpose of convenient reference and it is recognized that they may not adequately or accurately describe the contents of the provisions which they head. Such headings shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof, nor shall they otherwise be given any legal effect.
Where the context of this Agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular, and masculine, feminine and neuter pronouns shall be equivalent in meaning
You may not assign or delegate any of your rights or obligations hereunder, in whole or in part, without our written consent. Any purported assignment or delegation without our written consent shall be void. Subject to the foregoing, this Agreement is binding upon and benefits the parties and their respective successors and assigns, heirs, estates, executors and other personal administrators.
In the event that ISC is unable to perform any of its obligations hereunder due to any cause beyond its control, such as wars, acts of God, weather, strikes, or failures of third-party suppliers to fulfill their agreements with ISC (each a "Force Majeure"), then ISC's performance hereunder shall be excused until such time as the applicable Force Majeure has ended.
Posted: February 27, 2013