Terms & Conditions

Last updated on October 21, 2014

PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT ANY OF THE TERMS BELOW, PLEASE DO NOT USE THIS SITE.

By using this site, you signify your binding agreement to these Terms. We reserve the right, in our sole discretion, to change, modify, add, or remove portions or all of these Terms at any time and without advance notice. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms constitutes your binding acceptance of those changes.

References in these Terms to “you”, “your” or “yours” mean the site user and the user’s company, except where stated or where the context requires otherwise. References to Titan Metallurgy, “us” or “we” mean Titan Metallurgy LLC and its website, TitanMetallurgy.com.

1. About Us

This site is made available to you by Titan Metallurgy LLC, 10221 Capital Avenue, Oak Park, MI 48237 (Titan Metallurgy). All rights reserved.

You can contact us by writing to us at the above address, by e-mail using the “Send us a note” facility on this site, or by telephone at (248) 543-3578.

2. Limited License

(a) You are granted a limited, non-exclusive license to download the materials contained on this site to a business computer, and to print a hard copy of such materials, solely for your commercial use, provided that all copyright, trade mark and other proprietary notices are left intact.

(b) This is an “at-will” license, which may be terminated by us at any time for any reason or no reason.

(c) As licensee, you may not: (i) modify or copy of the materials on this site; (ii) use the materials for any commercial purpose other than is connected with purchase of Titan Metallurgy product/services; (iii) use the materials for any public display, whether commercial or non-commercial; or (iv) attempt to decompile or reverse engineer any software contained on this site.

(d) Except as expressly permitted in these Terms of Use, all translation, re-transmission, distribution or other use of the materials contained on this site and in its databases on any other internet site or other media is strictly prohibited. You are also prohibited from: (i) framing this site or any part of it on any other site; (ii) mirroring this site on another server; or (iii) using automated screen capture or screen scraping technologies to obtain information of any sort from this site.

(e) If you violate any of the terms or conditions of this License or these Terms of Use, the license shall automatically terminate.

(f) All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (including, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these Terms of Use are hereby expressly reserved to Titan Metallurgy or, in the case of any other brands’ names and logos featured on this site, their respective owners.

3. Intermediary

(a) We use reasonable care in compiling the information accessible on and through this site. Errors and omissions in the information accessible on and through this site may occur because of a number of factors which are inherent in any internet-related system and which are not within our reasonable control. For example, information may be affected by machine, software or operator error, or malfunctions in connection with data transmission. In view of this, the information is provided “as is” and you should always attempt to verify the accuracy of any information obtained from this site before relying upon it. This is a dynamic site and as a result, the content and look and feel may change from time to time without prior notice.

4. Terms of Purchase

(a) Unless otherwise stated, all of the services and products offered on the Site are subject to the following: Offers: (i) are informational only and may not reflect exact current availability; (ii) apply to US point-of-sale (void where prohibited by law) – prices quoted are in U.S. Dollars; and (iii) are limited time offers.

(b) All offers, prices, and conditions of sale may be subject to: (i) change without notice; and (ii) other terms/conditions/restrictions.

(c) You agree to abide by all other additional terms and conditions applicable to your purchase(s) of goods and services, request(s) to purchase, use of software, and other uses of portions of this site and other sites which are linked to this site, including, but not limited to, paying all amounts owed on a timely basis and complying with all ESBC’s terms and conditions.

5. Disclaimers

(a) THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

(b) We are in no way responsible for failures due to third-party software, regardless of whether these are incorporated into this site or provided via this site.

(c) We are in no way responsible for any damage, direct, indirect or consequential, whether or not foreseeable resulting from the provision, use or the total or partial failure of the site functionalities, including the responsibility associated with any viruses likely to infect your computer equipment.

(d) We make no representation that materials or services available on or through this site are appropriate or available for use in locations outside the United States. Accessing materials and services available on or through this site from territories where their contents are illegal is prohibited. Those who choose to access the site from other locations do so on their own initiative and are responsible for complying with local laws.

(e) The photos on this site are for illustration purposes, are not contractual, and we are not responsible for them or their accuracy in depicting the subject matter described.

6. Hyperlinks to Third Party Sites

You may be able to access third-party sites through hyperlinks present on the Site. Titan Metallurgy cannot be held responsible for the information posted on third-party sites nor third party sites’ handling of your personal data, which remains the sole responsibility of these sites.

7. Information from Users

Content you send to us, as between the two of us, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit the foregoing to us. You are strictly prohibited from uploading to this site any material that contains any virus, worm, “trojan horse,” time bomb, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

8. Intellectual Property

(a) All materials and content on this site, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (“Intellectual Property”). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the “IP Providers”).

(b) The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on this site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms. All software, applications, and modules (collectively, “software”) used on this site are proprietary to or licensed to us by other parties (“Software Providers”, together with IP Providers, the “Providers”). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot: (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; or (iii) use any “robot,” “spider,” or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this site.

(c) The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States’ export control laws. By using, copying, or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.

9. Entire Agreement and Construction

(a) These Terms of Use (the “Agreement”) constitutes the entire agreement of the parties pertaining to the subject matter hereof and supersedes all prior arrangements, understandings, negotiations and discussions, whether oral or written, of the parties as to the same subject matter. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The unenforceability or invalidity of any provision of this Agreement shall not render any other provision unenforceable, and each provision hereof shall be enforced to the fullest extent permitted by applicable law.

(b) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

10. Benefit

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. Except as expressly provided herein, nothing herein is intended to confer upon any person, other than the parties and their respective heirs, executors, personal representatives, successors and assigns, any rights or remedies whatsoever.

11. Captions and Use of Pronouns

The captions inserted herein are inserted only as a matter of convenience and in no way define, limit, construe, affect or describe the scope or intent of this Agreement. Whenever herein the singular is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and vice versa, whenever the context so requires.

12. Time

Time shall be deemed to be of the essence of this Agreement.

13. Governing Law

This Agreement shall be construed, interpreted, and the rights of the parties hereunder determined in accordance with the laws of the State of Michigan. The parties hereby consent to the exclusive jurisdiction and venue of either; (a) the courts of the State of Michigan sitting in Oakland County, Michigan; or (b) the United States District Court for the Eastern District of Michigan, Southern Division.