Date: May 2022
set forth a legally binding agreement between you and steelbuilding.com (“COMPANY”, “our,”
“we,” or “us”) and govern your use of the Site.
using the Site, you acknowledge and accept these Terms, and you consent to the
collection, use, and sharing of your information and other activities as
into, and made a part of, these Terms. If you do not agree to these Terms,
please do not use the Site.
Terms may change over time, in which case we will post the modified Terms on
this page and change the “Effective Date” above. Your use of the Site following
a change to these Terms signals your acceptance of the modification(s).
TERMS AFFECT YOUR LEGAL RIGHTS, BY, AMONG OTHER THINGS, LIMITING OUR LIABILITY
AND REQUIRING MANDATORY ARBITRATION DISPUTES.
Ownership. The Site may contain (i) materials and other
items relating to COMPANY and its services including images, photos, graphics,
sounds, music, videos, interactive features, data, text, scripts, files, links,
software, messages, communications, content, organization, and design,
compilation; (ii) trademarks, trade names, service marks, logos, including
those of COMPANY’s; and (iii) other forms of intellectual property (all of the
foregoing, collectively the “Content”). All the rights, title, and
interest in, and to the Site and the Content is the property of COMPANY, our
licensors, or certain other third parties and is protected by U.S. and
international copyright, trademark, trade dress, patent, and/or intellectual
property and unfair competition rights and laws to the fullest extent possible.
You do not acquire any ownership rights to any Content through your access to,
or use of, the Site.
License. Subject to these Terms, we grant you a
limited, non-exclusive, non-assignable, non-transferable, and revocable license
to use the Content to download, display, view, and use the Site solely for your
personal, non-commercial use only. Other than as permitted in these Terms, you
may not use, copy, download, reproduce, republish, distribute, transmit,
broadcast, display, assign, license, sublicense, sell, alter, prepare
derivative works of, or otherwise exploit the Content (in whole or in part)
without our prior, express, and written permission. All rights in and to the
Site and the Content not expressly granted to you in this Section 1.2 are
reserved by COMPANY and its licensors and other third parties. No right or
license may be construed, under any legal theory, by implication, estoppel,
industry custom, or otherwise. Any unauthorized use of the Site or Content for
any purpose is prohibited. The foregoing limited license (i) does not give you
any ownership of, or any other intellectual property interest in, the Site or
any Content, and (ii) may be immediately suspended or terminated for any
reason, in COMPANY’s sole discretion, and without advance notice or liability.
Restrictions. You represent that you are at least 18 years
old or the age of majority where you reside. You agree to comply with all
local, state, federal, national, foreign, supranational, and international laws,
statutes, ordinances, regulations, directives, and agreements that apply to
your use of the Site. You acknowledge and agree that you will not: (i) use the
Site or Content for any political or commercial purpose; (ii) engage in any
activity in connection with the Site or Content that is unlawful, harmful,
offensive, obscene, violent, threatening, harassing, abusive, or otherwise
objectionable to COMPANY; (iii) harvest any information from the Site or
Content; (iv) modify, translate, decompile, reverse engineer, recreate,
disassemble, or otherwise attempt to determine the makeup or source code of the
Site or make any unauthorized changes to the Site or Content; (v) interfere
with the proper operation of the Site or its security features; (vi) infringe
any intellectual property or other right of any third party; (vii) use the Site
or Content in a manner that suggests an unauthorized association with COMPANY
or any other party, or is beyond the scope of the limited license granted to
you; or (viii) otherwise violate these Terms.
Software. Some of the products offered by or through
the Site may be software that is downloaded to your computer, phone, tablet, or
other device. You agree that we may automatically update and upgrade any such
software, and that all such software (including all updates, upgrades, and
enhancements) is governed by these Terms and, as determined in our sole
discretion, may be subject to additional terms and conditions.
and Termination. We
may immediately suspend or terminate the availability of the Site, in whole or
in part, to any individual user or all users, for any reason, in our sole
discretion, and without advance notice or liability. Upon suspension or
termination of your access to the Site, or upon notice from us, all rights
granted to you under these Terms will cease immediately, and you agree that you
will immediately discontinue use of the Site.
use of the Site may be subject to the export control laws of the United States,
including the Export Control Reform Act and its associated regulations. You are
responsible for complying with all application trade regulations and laws both
foreign and domestic. Except as authorized by U.S. law, you agree and warrant
not to export or re-export the Site to any country, or to any person, entity,
or end-user subject to U.S. export controls or sanctions.
Site may allow you to submit, post, and/or make available content and other
materials viewable by other users of the Site (collectively “User
Submissions”), subject to other restrictions in these Terms. User
Submissions include any data, text files, links, or software that you submit,
post, and/or make available by or through the Site. Except as provided in our
be disclosed through the Site to other parties on a worldwide basis, including
for browsing, downloading, printing, and other uses by such other persons or
Responsibility. You understand
that all User Submissions are the sole responsibility of the user who makes,
and you are solely responsible for all of your User Submissions. We do not
control or endorse User Submissions or guarantee the accuracy, integrity, or
quality of User Submissions, and we take no responsibility for, and
specifically disclaim any liability (including damages) with regard to, User
Submissions, including the legality or accuracy of any User Submission or
whether any User Submission is libelous, slanderous, defamatory, or
disparaging. You further understand that you must evaluate and bear all risks
associated with the use of any User Submission, including reliance on the
accuracy, completeness, and usefulness of such User Submissions.
retain all rights in and to your User Submissions, subject to these Terms.
and Warranties Related to User Submissions. You represent and warrant the following:
You have the lawful right
to (i) submit User Submissions; and (ii) grant COMPANY the rights to such User
Your User Submissions do
not, and will not, violate any law, rule, or regulation or misappropriate or
infringe upon the rights of any third party; and
You will not post
confidential, trade secret, or other proprietary information of others.
agree that when using the Site, you will not:
Upload, post, email, or
otherwise transmit viruses, Trojan horses, spyware or any other similar
technologies or malicious code;
slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
Publish, transmit, copy,
reproduce, email, post, upload, distribute, or disseminate any inappropriate,
profane, vulgar, pornographic, sexually explicit, racist, libelous, false,
defamatory, infringing, obscene, indecent, offensive, hateful, disparaging,
abusive, unlawful, illegal, harmful to minors in any way, or objectionable
topic, name, material, or information;
Conduct or forward
surveys, contests, pyramid schemes, chain letters, junk mail, spam or other
unwanted electronic communications, unsolicited communications, or any
unauthorized advertising or promotional material;
Use the Site’s
communications systems for any commercial solicitation purpose;
Copy or store any Content
or User Submissions for other than your own use;
Falsify or delete any
author attributions, legal, or other proper notices or proprietary designations
or labels (such as copyright, trademark, and other proprietary rights notices)
contained in or on the Site;
person or entity, or use any fake name or identity for deceptive purposes;
Allow any other person or
entity to use your credentials to post on the Site;
Harvest or otherwise
collect information about others, including usernames and user IDs, without
each such user’s prior, express, and written consent; or
Violate any additional
including intellectual property, privacy, or publicity rights.
Licenses. You grant COMPANY and its affiliates a
non-exclusive, royalty-free, transferable, sublicensable, and worldwide license
to use, store, display, post, reproduce, modify, publish, broadcast, perform,
print, distribute, and prepare derivative works of your User Submissions in
perpetuity in connection with the Site and our and our affiliates’ businesses
(and our and our affiliates’ successors’ businesses), including for purposes of
developing, operating, improving, re-designing, providing, re-distributing,
using, promoting, and marketing all or part of the Site, in any and all media
formats (now known or hereafter developed) and through any and all media
channels (now known or hereafter developed). Nothing in these Terms will
restrict other legal rights that we may have to User Submissions, for example
under other licenses. You also grant our users (whether registered or
unregistered) a non-exclusive license to access your User Submissions through
the Site and to use, store, display, post, reproduce, modify, publish,
broadcast, perform, print, distribute, and prepare derivative works of your
User Submissions as specifically permitted through the intended functionality
of the Site and under these Terms. You agree that you will not receive any consideration
or compensation in connection with your User Submissions.
Opinions. You understand that all opinions expressed
by users of the Site, including those who work for us, are the personal
opinions of the authors and are not endorsed by us.
Monitoring. We are not obligated to screen, review,
monitor, edit, or correct any User Submission. We reserve the right, in our
sole discretion, to edit, modify, remove, or delete User Submissions (in whole
or in part) without notice for any reason or for no reason, including User
Submissions that we believe violate these Terms or our policies. You understand
that entering or using the Site may expose you to User Submissions that are
inaccurate, inappropriate (including for children), offensive, indecent, or objectionable
to you and/or your purposes.
Feedback. If you choose to submit comments, ideas, or
feedback (collectively “Feedback”) to, by, or through the Site or
otherwise, you agree that we are free to use the Feedback without any
restriction, consideration or compensation to you. By accepting your Feedback,
we do not waive any rights to use similar or related Feedback previously known
to us, developed by our employees, or obtained from sources other than you.
with Others. You
are solely responsible for your interaction with other users of the Site,
whether online or offline. We are not responsible or liable for the conduct of
any user or any User Submissions. Exercise common sense and your best judgment
in your interactions with others (e.g., when you submit any personal
information) and in all of your other online activities. If you send any
message related to us to your friends, using a tool we provide on the Site or
otherwise, you will only do so to the extent you have permission from them to
send such communications and you will comply with all applicable law related to
Certain features and functionality of the Site may require the creation of an
account by entering your name and email address, , selecting a valid username,
selecting a valid password, and providing other required registration
information (collectively the “Registration Information”). You agree
that, at the time of submission to us, your Registration Information is true,
accurate, current, and complete. You are solely responsible for updating and
maintaining your Registration Information. You must complete the registration
process to create a Site account (“Your Account”).
and Limitations. We
will have no liability associated with, or arising from, your failure to
maintain accurate, current, and complete Registration Information, including
liability arising out of your failure to receive critical information about the
Site or Your Account. We will not be responsible for verifying your
Registration Information. Your Registration Information may not violate the
rights of any person. We reserve the right, at our discretion, to refuse
registration of Your Account; cancel or deactivate Your Account, including due
to inactivity; and delete all related information and files in, or relating to,
and Security. You
are solely responsible and liable for the confidentiality and security of Your
Account. You will immediately notify us at [insert email] of any unauthorized
use of your account, password, or username, or any other breach of security.
Parties Links, Displays, and Interactions. The Site may contain proprietary information
or links to websites owned or operated by parties other than COMPANY. We do not
own such proprietary information nor do we control such websites and are not
responsible for the contents or the privacy policies or practices of such
websites. Our inclusion of such proprietary information or websites does not imply
any associations with the operators or endorsement or sponsorship by COMPANY.
Indemnity. You will indemnify, defend, and hold
harmless us, our affiliates, and our affiliates’ owners, parents, partners,
shareholders, members, subsidiaries, managers, directors, officers, employees,
contractors, agents, licensors, providers, suppliers, agents, representatives,
and attorneys from and against any and all claims, liabilities, damages,
losses, costs, and expenses, including court costs and reasonable attorneys’
fees, resulting from, relating or attributable to, or arising out of, (i) your
breach of, or failure to comply with, any of these Terms, (ii) any fraud,
manipulation, deception, or misrepresentation by you, (iii) your access to, or
use of, the Site and/or the Content, (iv) your User Submissions, (v) all use
of, and activities that occur under, Your Account (whether conducted by you or
another) and any actions that take place through your access to the Site and/or
the Content, (vi) any violation of any law or regulation by you, and (vii) any
dispute between you and another user of the Site (whether you and/or such other
user is registered or unregistered). Neither we nor our affiliates or licensors
have any duty to reimburse, defend, indemnify, or hold you harmless, including
with respect to any claim, liability, damage, loss, cost, or expense resulting
from, relating or attributable to, or arising out of, these Terms, the Site, or
the Content or your use of, or access to, the Site or the Content.
Disclaimers and Limitations
NEITHER WE NOR OUR AFFILIATES OR LICENSORS WARRANT OR GUARANTEE THAT (i) THE
SITE, THE CONTENT, OR THE USER SUBMISSIONS WILL BE UNINTERRUPTED OR ERROR-FREE,
(ii) DEFECTS, INCLUDING TYPOGRAPHICAL ERRORS, WILL BE CORRECTED, (iii) THE
SITE, THE CONTENT, AND THE USER SUBMISSIONS ARE OR WILL BE FREE OF VIRUSES OR
OTHER MALICIOUS CODE, (iv) THE SITE, THE CONTENT, OR THE USER SUBMISSIONS ARE
OR WILL CONTINUE TO BE AVAILABLE, OR (v) ANY SPECIFIC RESULTS FROM USE OF THE
SITE, THE CONTENT, OR THE USER SUBMISSIONS. WE AND OUR AFFILIATES AND LICENSORS
DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING RELATING TO (i)
NON-INFRINGEMENT, (ii) MERCHANTABILITY, (iii) FITNESS FOR A PARTICULAR PURPOSE,
(iv) TITLE, (v) COURSE OF DEALING OR USAGE OF TRADE, (vi) AVAILABILITY OF THE
SITE, THE CONTENT, OR USER SUBMISSIONS, (vii) LACK OF VIRUSES, TROJAN HORSES,
SPYWARE OR ANY OTHER TECHNOLOGIES OR MALICIOUS CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES, (viii) ACCURACY, COMPLETENESS,
RELIABILITY, TIMELINESS, OR USEFULNESS, OR (ix) DUTIES OF REASONABLE CARE,
WORKMANLIKE EFFORT, OR LACK OF NEGLIGENCE. THE SITE, THE CONTENT, AND USER
SUBMISSIONS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND
WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ACCESS TO, AND USE OF, THE SITE, THE CONTENT, AND USER SUBMISSIONS ARE AT YOUR
RISK, INCLUDING YOUR ASSUMPTION OF ALL RISKS THAT THE SITE, THE CONTENT, AND
USER SUBMISSIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE. IF YOU
ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR ANY USER SUBMISSIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, THE
CONTENT, AND/OR THE USER SUBMISSIONS. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES
OR LICENSORS BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA, AND NEITHER WE NOR
ANY OF OUR AFFILIATES OR LICENSORS HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE
DELETION OR FAILURE TO STORE ANY INFORMATION OR DATA AND OTHER COMMUNICATIONS
OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OR THROUGH THE SITE.
on Liability and Remedies.
COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY
DISPUTE WITH US (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE OR RECEIPT
OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE SITE. COMPANY AND ITS
VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE, RECEIPT
OF ANY COMMUNICATION, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF
THE SITE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES IN SUCH STATES OR JURISDICTIONS, OUR AND OUR VENDORS’
LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR
SERVICE OFFERED THROUGH A WEBSITE OR AS PART OF THIS SITE AND WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF
THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN ANY APPLICABLE
JURISDICTION, COMPANY’S MAXIMUM LIABILITY WILL BE LIMITED TO ANY AMOUNT PAID TO
COMPANY BY YOU IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES THAT UNDERLIE
of Injunctive or Other Equitable Relief. YOU AGREE THAT YOU WILL NOT BE PERMITTED TO
OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR
OTHER ACTION THAT YOU MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR
EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT,
SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USE OR CONTROLLED BY
a dispute arises between you and COMPANY, you and COMPANY agree, as permitted
by applicable law, to resolve any claim or controversy at law or equity arising
out of, relating to, or connected in any way with the Site, these Terms, or
additional terms (collectively, “Dispute”) through binding arbitration
or as we and you otherwise agree in writing. You agree that the term “Dispute” in this
Agreement will have the broadest meaning possible. This Agreement also covers
any Dispute between you and any officer, director, board member, agent,
employee, affiliate of the Company, or third party if the Company could be
liable, directly or indirectly, for such Dispute. If the parties
have more than one Dispute between them, you and the Company agree to assert
all such Disputes in a single arbitration so they may be resolved at the same time.
Before resorting to this alternative, we strongly encourage you
to first contact us directly at email@example.com to seek a
resolution. If we cannot resolve a Dispute within sixty (60) days of receipt of
the notice, then, to the fullest extent permitted by applicable law, Disputes
shall be resolved solely by binding arbitration in accordance with the
then-current Commercial Arbitration Rules of the American Arbitration
Association (“AAA”), in a reasonably convenient location conducted
before a single arbitrator pursuant to its rules (including, but not limited to
the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site),
except that we may seek injunctive or other appropriate relief in any state or
federal court. You can also obtain AAA procedures, rules, and fee information
by calling 800.778.7879.
To begin an arbitration proceeding, you must submit the Dispute
by utilizing the forms available at ADR Consumer site, and
simultaneously sending a copy of the completed form to the following address:
5020 Weston Parkway, Suite 400, Cary, NC 275313.
WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE
ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN
CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS
LIMITED. You hereby consent to, and waive, all defenses of lack of personal
jurisdiction and forum non conveniens with respect to venue and jurisdiction in
the state and federal courts of Texas. Any Dispute shall otherwise be governed
by the internal laws of the State of Texas without regard to Texas choice of
law principles, except that the provisions of this agreement concerning
arbitration shall be governed by the Federal Arbitration Act. The arbitrability
of Disputes shall be determined by the arbitrator. The arbitrator’s award shall
be final and binding and may be entered as a judgment in any court of competent
Certain portions of this Section are deemed to be a “written
agreement to arbitrate” pursuant to the Federal Arbitration Act. You and
COMPANY agree that we intend that this Section satisfies the “writing”
requirement of the Federal Arbitration Act. This Section can only be amended by
In the event the AAA is unavailable or unwilling to hear the
Dispute, you and COMPANY shall agree to, or a court shall select, another
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE
WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY
DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT
WILL BE FOREVER BARRED.
As permitted by applicable law, Disputes will be arbitrated only
on an individual basis and will not be consolidated with any other arbitration
or other proceedings that involve any claim or controversy of any other party,
including as a plaintiff or class member in any purported class, representative
proceeding or as an association. Notwithstanding
any other clause contained in this Agreement, any challenge to the validity of
this section 7(g) may be determined only by a court of competent jurisdiction
and not by an arbitrator. The
arbitrator may award relief (including injunctive relief) only on an individual
basis. But if, for any reason, this restriction is held to be unconscionable or
unenforceable, then our agreement to arbitrate will not apply and the Dispute
must be brought exclusively in court as follows: except to the extent that arbitration
is required, and except as to the enforcement of any arbitration decision or
award, any action or proceeding relating to any Dispute may only be instituted
in state or federal court in Harris County, Texas. Accordingly, you and COMPANY
consent to the exclusive personal jurisdiction and venue of such courts for
such matters. You and COMPANY agree to waive any right to a trial by jury.
communicate with you electronically in regard to the Site, including by email,
and we may collect information related to communications between you and
COMPANY. You agree that all notices, disclosures, agreements, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. You agree that any time you
electronically transact, agree, or consent via the Site, you action is intended
as an electronic signature as if you had signed on paper.
unsubscribe from receiving email marketing communications from us by following
the instructions contained within our promotional emails. This will not affect
your access to the Site. Please note that we may continue to send you certain
communications relating to Your Account or use of our Site, such as
administrative and service announcements, and these transactional messages may
be unaffected if you choose to opt out of receiving marketing emails.
Law and Venue. These
Terms will be governed by, and construed and resolved in accordance with,
United States federal law, as applicable, and by the laws of the State of
Texas. All lawsuits or proceedings arising out of, or relating to, these Terms
will be brought in the state or federal courts located in Harris County, Texas,
and we and you irrevocably submit to the exclusive personal jurisdiction of
such courts for such purpose.
Agreement; No Waiver. These
Terms constitute our complete and final agreement regarding the Site, the
Content, and the User Submissions, and supersede any prior or contemporaneous
understandings, agreements, and/or communications with respect to Site. Except
as expressly set forth in these Terms, (i) no failure or delay by COMPANY in
exercising any of the rights, powers, or remedies hereunder will operate as a
waiver of that or any other right, power, or remedy; and (ii) no waiver or
modification of any of these Terms will be effective unless in writing and
signed by COMPANY.
Severability. If any provision of these Terms is deemed to
be illegal, invalid, or unenforceable, then such provision will be deemed
severable from these Terms and the remaining provisions of these Terms will
remain in full force and effect.
Assignment. We may assign our rights and delegate our
duties and obligations under these Terms to any party at any time without
notice to you. These Terms are not assignable, transferable, or sub-licensable
by you without our prior, express, and written consent.
Interpretation. The summaries of provisions and Section
headings are provided for convenience only and shall not limit the full Terms.
Survival. The provisions of these Terms and any
applicable additional terms (which by their nature should survive the
suspension/termination of your access to the Site or the termination of these
Terms) will survive, including the rights and licenses you grant to COMPANY in
these Terms, as well as the indemnities, releases, disclaimers, and limitations
on liability and the provisions regarding jurisdiction, choice of law, no class
action, jury waiver, and mandatory arbitration.
Contact Information. If you have any
questions regarding these Terms, you may contact us by email at
Effective Date: June 1, 2020
Collection of Personal Information
Information you provide. We may obtain information that you provide directly to us when you interact with the Site (e.g., when you request a quote). This information may include personal information, which is information that can be used to identify you
individually, such as your name, home zip code, email address, and phone number.
Information collected automatically. In addition to information that you submit to us, we may collect certain information automatically using various tools and technologies such as cookies and web server logs. The types of information we collect may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, and pages viewed. A cookie is a piece of data that a website can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer but not you. Many web browsers are set to accept cookies by default, but you may be able to set your browser to notify you before you receive a cookie, or to remove or reject cookies. Please note that if you disable cookies, you may not be able to use certain features of this Site or other websites and that disabling cookies may invalidate opt outs that rely on cookies to function.
Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, this Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you may wish to visit www.allaboutdnt.com.
Use of Personal Information
We may use personal information we collect through the Site to:
- Facilitate and personalize your user experience;
- Conduct statistical analysis of Site content, layout, and features for our marketing purposes;
- Improve the Site, our marketing, or services we may offer;
- Communicate with you, including to respond to your requests or inquiries;
- Deliver promotional content to you;
- Send you newsletters;
- Comply with applicable laws, regulations, or legal process, as well as industry standards and our company policies;
- Prevent, investigate, identify, stop, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies; or
- For any other purpose, with your consent.
Sharing of Personal Information
We may share your personal information with our parent, subsidiaries, affiliates, business partners, and vendors that provide services on our behalf. These parties are not meant to use personal information except for the purpose(s) for which it was provided.
Additionally, we may disclose information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of our rules for use of the Site, or to protect and defend our rights or property.
We take reasonable measures to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the Site.
Third-Party Analytics and Advertising
We may use third-party technology to collect and use data in connection with interest-based advertising, and other parties may collect your personal information about your online activities over time and across different devices and online properties when you use the Site. These ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Site and elsewhere on the Internet and use that information to provide advertising services to us, including interest-based advertising or advertisements targeted to your interests delivered over time and across online services and devices.
We may use certain web analytics services, including Google Analytics, to help us understand and analyze how visitors use the Site and to serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising Features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, and user segment analysis. We and our vendors may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to deliver advertisements, create a profile of you, measure your interests, detect your demographics, detect your location, and personalize content.
To find out more about how these analytics services manage the privacy of information in conjunction with delivering ads online and how to opt out of information collection by these networks, visit www.youradchoices.com and www.networkadvertising.org.
For more information on how Google Analytics uses data collected through the Site, visit www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit adssettings.google.com and tools.google.com/dlpage/gaoptout.
Please note that SteelBuilding.com does not control how other parties manage their opt-out processes.
Information for California Residents
California’s “Shine the Light” Law. California law permits customers in California to request certain details about how their personal information is shared with third parties and, in some cases, affiliates if that personal information is shared for those third parties’ and affiliates’ own direct marketing purposes. We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Californians may request information about our compliance with this law by emailing us at firstname.lastname@example.org or mailing to Cornerstone Building Brands, Inc., Attention: Data Privacy, 10943 North Sam Houston Pkwy W, Houston, Texas, 77064.
To make a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide your current California address to which we will send our response. Your inquiry must specify “California Privacy Rights Request” in the subject
line of the email or the first line of the letter and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year.
California Consumer Privacy Act.The California Consumer Privacy Act (the “CCPA”), which provides California consumers certain rights regarding their personal information (“PI”), became effective on January 1, 2020. As of that date, the California Attorney General had not completed the rulemaking process to establish the regulations for covered businesses to implement the law. Accordingly, we may update information in this section regarding our data practices and your rights under the CCPA, modify our methods for responding to your requests, and/or supplement our responses to your requests as we continue to develop our compliance program to reflect the development of the law and our understanding of how it relates to our data practices.
If you are a California consumer and would like to make a request pursuant to your “right to know about personal information collected, disclosed or sold” (including your right to obtain copies of specific pieces of PI), your “right to request deletion of personal information,” or your “right to opt-out of the sale of personal information,” you may contact us at email@example.com or complete and submit the form, here. We will respond to your request as soon as we have guidance on how to properly verify your identity and the appropriate response parameters.
Please note that CCPA rights do not apply to PI collected from (1) job applicants, current and former employees, or independent contractors; or (2) representatives of another business in connection with business communications or transactions.
Examples of the types of PI we may collect from California consumers, and of the purposes for such collection, are outlined in the chart below.
Name, physical address, phone
number, Internet Protocol address, email address, unique personal
customizing concurrent consumer experiences, detecting fraud, security,
Customer / Personal Records
Name, physical address, phone
number, email address, payment card details, employment information
customizing concurrent consumer experiences, detecting fraud, security,
Purchase history information
Managing transactions, quality
Internet Usage Information
Browsing history, search history,
information regarding interactions with our website or advertisements
Debugging, security, detecting
Audio recordings of customer
service calls, CCTV footage
Quality control, safety, detecting
fraud, managing transactions
Professional or Employment Info
such as business contact details
We will revise this section as the law becomes clearer and we are able to provide you with more specific information about your CCPA rights and how to exercise them.
Please note that “Shine the Light” rights and CCPA rights are established under different legal regimes and must be exercised separately.
Information for Users Outside the United States