Tuffaloy Products, Inc. Terms and Conditions of Use

Last updated: March 30th, 2020

 

Acceptance of the Terms

These terms and conditions of use are entered into by and between you and Tuffaloy Products, Inc. (“Tuffaloy,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of <www.tuffaloy.net>, <https://www.cmwinc.com/>, < https://www.howtoresistanceweld.info/> and <https://www.tuffaloy.com/>, including any content, functionality, and services offered through any of the foregoing (collectively, the “Website”), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Tuffaloy and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website.

Notwithstanding anything to the contrary herein, all purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by our DISCLAIMER AND LIMITED WARRANTY <https://www.tuffaloy.com/warranty-statement> which are hereby incorporated into these Terms.

Additional terms and conditions (“Additional Terms”) may also apply to specific portions, services, or features of the Website.  All such additional terms and conditions are hereby incorporated by this reference into these Terms.

These Terms, our Privacy Policy, DISCLAIMER AND LIMITED WARRANTY, and any Additional Terms constitute the sole and entire agreement between you and Tuffaloy regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

Changes to the Terms

Tuffaloy may modify or supplement these Terms at any time in its sole discretion.  All changes are effective immediately when Tuffaloy posts them.  Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Therefore, you should visit this web page periodically to determine the current Terms to which you are bound.  Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate Tuffaloy’s copyright, trademark, and other proprietary and intellectual property rights.

 

Modification of the Website

Tuffaloy reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website or any part of the Website from time to time, for any or no reason and without notice.  You agree that Tuffaloy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.  Tuffaloy may change the content, information, and materials on the Website from time to time at its discretion.

 

Privacy

To access the Website or any of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Tuffaloy is sensitive to privacy issues with respect to the use of personal information that visitors to the Website provide.  All information we collect on the Website is subject to our Privacy Policy, found at <https://www.tuffaloy.com/privacy>. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Cookie Policy.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tuffaloy, its affiliates, and their respective licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your (i) personal, non-commercial use; or (ii) limited, commercial use solely in accordance to the DISCLAIMER AND LIMITED WARRANTY (collectively, the “Permitted Use”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for the Permitted Use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for the Permitted Use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Tuffaloy and its licensors. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Trademarks

Our company name, the Tuffaloy logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tuffaloy or its affiliates or licensors. You must not use such marks without the prior written permission of Tuffaloy. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To provide service bureau or other access or use of the Website to third parties or to compete with us.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Tuffaloy, a Tuffaloy employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Tuffaloy or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product selection tools, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms.  Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Tuffaloy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Tuffaloy.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS TUFFALOY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy <>.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Tuffaloy.Net

In order to access the Tuffaloy.Net area of the Website (“Tuffaloy.Net”), you will need to register by sending an email to [email protected] or such other procedure that may be described on Tuffaloy.Net. In connection with the registration process, you will be asked for certain information. You represent that any information you provide to Tuffaloy during this registration process is accurate. You agree not to impersonate another person or create false account information. You agree to promptly update any account information when such information changes.

In connection with registering for access to Tuffaloy.Net, you also will be assigned a username and password. Your username and password are for your own use only. You must keep them confidential and you must not disclose them to anyone else. You are responsible for all activity on the website through the use of your username and password. If you believe someone else may have gained access to your username and password for any reason (including without limitation due to theft or inadvertent disclosure), you should change them immediately.

Tuffaloy uses security measures to protect against unauthorized access to Tuffaloy.Net accounts. However, no security measures are perfect and you agree that Tuffaloy is not responsible for any failure of such security measures to prevent unauthorized access to an account. You agree to observe all security features on Tuffaloy.Net and not to disable or circumvent any security features or devices.

Tuffaloy reserves the right, in its sole discretion, to suspend user privileges and block your access or use of Tuffaloy.Net (in whole or in part) temporarily, indefinitely, or permanently at any time, for any reason, with or without prior notice, without liability to you or any third party.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Tuffaloy, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Tuffaloy or its affiliates.

Any reference in the Website to other companies or their products or services (including links to other websites) does not constitute or imply Tuffaloy’s endorsement or recommendation of that company or its products and services.  Tuffaloy does not monitor or control the content of any websites linked to or from the Website. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

 

Disclaimers of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER TUFFALOY NOR ANY PERSON ASSOCIATED WITH TUFFALOY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TUFFALOY NOR ANYONE ASSOCIATED WITH TUFFALOY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, TUFFALOY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. Product images and calculations are approximations and estimations only. Tuffaloy’s website may include technical inaccuracies, typographical errors or other errors and omissions. Tuffaloy SHALL NOT be liable for your reliance on this website for any purposes.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TUFFALOY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TUFFALOY AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Waiver and Severability

If any provision in these Terms is held invalid, illegal or unenforceable for any reason, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.

No waiver by Tuffaloy of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tuffaloy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Indemnification

You agree to defend, indemnify, and hold harmless Tuffaloy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

 

Injunctive Relief 

You acknowledge and agree that because the violation, breach, or threatened breach of these Terms would result in immediate and irreparable injury to Tuffaloy, Tuffaloy shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any matter, dispute or controversy arising out of or related thereto will be governed by South Carolina law, excluding its conflicts of law principles, and the provisions of the 1980 United Nations Convention on the International Sale of Goods (“UNCISG”) are expressly excluded.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the South Carolina State Courts and the United States District Court for the District of South Carolina, and such courts will constitute the sole and exclusive judicial forum(s) and venue and, therefore, will have sole and exclusive jurisdiction over the adjudication and resolution of any and all matters, disputes and controversies arising out of or related to these Terms or your use of the Website.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Consent to Electronic Communications

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Your Comments and Concerns

This website is operated by Tuffaloy Products, Inc., located at:

1400 South Batesville Road

Greer, SC 29650, USA

 

You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to us, including feedback, data, questions, comments, product or service ideas, know-how, or suggestions relating to the Website (collectively, “Suggestions”), will not be considered confidential or proprietary, even if the Suggestions are labeled “Confidential” or “Proprietary.”  Further, you agree that we will have the unrestricted and perpetual right to use, reproduce, and disclose such Suggestions, in any manner and for any purpose (including without limitation to improve the Website and our products and services and to develop, market, and offer other products or services that incorporate or otherwise embody the Suggestions), without providing any notice, compensation, or attribution to you.

All Suggestions, requests for technical support, and other communications relating to the Website or these Terms should be directed to:

 

1400 South Batesville Road

Greer, SC 29650, USA

 

or email us at:  [email protected].

 

Specific questions about our privacy policy, our cookie policy, or your privacy rights should be directed to: [email protected]