Effective Date: December 5, 2011
5. WARRANTY DISCLAIMER. The information, images, and other materials available through the Site may include inaccuracies or typographical errors. Columbia Steel makes no representations or warranties about the suitability, reliability, availability, timeliness, or accuracy of the information, images, and other materials contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, images, and materials are provided “as is” and “as available” without warranty or condition of any kind. Unless otherwise explicitly provided in connection with Columbia Steel’s products and services, Columbia Steel hereby disclaims all warranties and conditions with regard to the information, images, and other materials offered through and/or contained on the Site, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and noninfringement. Columbia Steel expressly disclaims any representation or warranty that the operation of the Site will meet the user’s requirements; that the Site will be free from viruses or other harmful components; that communications to or from the Site will be secure and not intercepted; that the capabilities offered on the Site will be uninterrupted; or that access to the Site will be free from errors or defects.
6. LIMITATION OF LIABILITY. Columbia Steel expressly disclaims any liability for any damage to or viruses that may infect your computer or other property due to your use of this Site or any site linked to or from this Site or your downloading of any materials, text or images from the Site or from any site linked to or from the Site. To the maximum extent permitted by applicable law, Columbia Steel shall not be liable for any direct, indirect, consequential, special, incidental or punitive damages arising out of your access to or use of this Site or any site linked to or from this Site, regardless of whether based on contract, tort, negligence, strict liability, or otherwise, and regardless of whether Columbia Steel has been advised of the possibility of such damages.
7. Limitations to Sections 5 and 6. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations or exclusions in Sections 5 and 6 may not apply to you. However, in no event will Columbia Steel’s total liability to you for claims, damages, losses, liabilities, and costs and expenses, including without limitation reasonable attorneys’ fees and costs (whether in contract, tort, negligence, strict liability, or otherwise) exceed the amount paid by you to Columbia Steel, if any, solely for accessing or using the Site.
10. Contributions. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Columbia Steel through the Site, you acknowledge and agree that: (a) your Contributions do not contain the confidential or proprietary information of you or any third party; (b) Columbia Steel is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Columbia Steel shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any manner and in any media; (d) Columbia Steel may have something similar to the Contributions already under consideration or development; (e) your Contributions automatically become the property of Columbia Steel; and (f) you are not entitled to any compensation of any kind from Columbia Steel for your Contributions.
11. Ownership of Site Materials. This Site, its contents and structure are the sole and exclusive property of Columbia Steel or its licensors, and Columbia Steel and its licensors retain all right, title, and interest (including all copyright, trademark, and other proprietary rights) in the Site. All texts, images, graphs, audio, video, animation files, and other content must not be copied, republished, displayed, transmitted, sold, offered for sale, or otherwise distributed or used without Columbia Steel’s prior written consent. Unless otherwise expressly allowed in a specific portion of the Site, you may not amend, translate into any other language, create derivative works based on, reverse engineer, or frame any material on or comprising this Site.
12. Trademarks. The brands, trademarks and logos used in this Site are registered or otherwise protected and include: Armor Block®, Columbac®, Columbia®, CSC stylized mark®, Columbia Engineering Works®, Columbia Steel®, C stylized mark®, Drop Cross®, TwistLink®, Xtend Process®, Xtralloy stylized mark®, XtraLife®, Dogbone®, EZ Drive™, and EZ Ring™. The foregoing brands, trademarks, and logos (as well as other brands, trademarks, and logos used on the Site) are registered or unregistered trademarks of Columbia Steel Casting Co., Inc. in the United States and other countries. Unauthorized use of such brands, trademarks, and logos is strictly prohibited.
All brand names, model names or marks of third parties are owned by their respective owners and are included on the Site for reference purposes only. Columbia Steel has no affiliation with the Original Equipment Manufacturers (OEM) referenced on the Site. These OEM names are provided for identification purposes only and are not intended to indicate affiliation with or approval by Columbia Steel of the OEMs, or to indicate affiliation with or approval by the OEMs of Columbia Steel. All parts referenced on the Site are manufactured by Columbia Steel and are not manufactured by, purchased from or warranted by any OEM referenced in connection with such parts.