Use of Website

Last Modified: [4/1/2021]

These terms of use (the “terms”) are in place to govern your access to and use of the Chicago Metal Rolled Products website, located at www.cmrp.com (which we refer to in these terms as the “site,” which also includes all associated content and functionality).

The site is owned byChicago Metal Rolled Products Company who we refer to, together with our affiliates, as “us”, “we” or “our”. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site.

1.     ACCEPTANCE AND APPLICABILITY OF TERMS

YOU SHOULD CAREFULLY READ THESE TERMS. They contain obligations you are expected to comply with, and affect your legal rights. By using the site in any way, including accessing, browsing, using the site, and/or contacting us through the site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.

These terms apply only to your use of the site. They do not govern other interactions you may have with us, including those you may have with us as a customer or supplier.

We may make changes to the site or these terms at any time. We will post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You can determine when these terms were last updated by referring to the “Last Modified” legend at the top. You understand and agree that your continued access to or use of the site after any posted update to these terms indicates your acceptance of the changes, even if you did not take the time to read them. 

2.     PROVIDING INFORMATION THROUGH THE SITE

You can browse and use certain portions of our site without providing us with any information about you. Although our site may recognize your IP address or general browser information when you access and browse the site, we do not link this information with any other personal information about you. See our privacy policy, posted here for more information about how we collect and use information.

However, if you use the “Contact Us,” “Request for Quote,” or any similar features of the site to interact with us, you will need to provide certain information, such as your name, email address, company name, and phone number, and we will receive that information along with any other information you include in your inquiry. If you provide any information to us through the site in this or any similar fashion, then each time you do so you represent, warrant, and agree that (a) you are at least 18 years old, (b) you are using your actual identity, and (c) you are providing information that is accurate, current, and complete.

3.     PRODUCT SALE TERMS

If you purchase any products or services from us, those purchases are subject to our standard terms and conditions of sale, which will be provided to you on request or with any quote for your products or project.

We strive to accurately describe our products and services offered on the site; however, we do not warrant that such specifications, pricing, or other content on the site is complete, accurate, reliable, current, or error-free. All descriptions of products and product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any products or services at any time

4.     SOCIAL MEDIA SITES AND SHARING SITE CONTENT

In addition to the site, we also like to interact with you on third party sites where we post content or invite your feedback (“social media sites”), such as our Facebook, Linkedin, Instagram, and Pinterest accounts. We may post links to these social media sites on our site. However, these links are provided for your convenience only. We do not control the social media sites, and these terms and our other site policies do not apply to the social media sites. It is your responsibility to review the terms of use and other policies posted on the social media sites.

In addition, if you use any social media sharing feature, or if the site features any referral link or similar tool that allows you to initiate and send one or more of your friends any communication that includes any site content, or to post site content to any social media site, you may do so only in a manner that does not violate any applicable law. If you receive anything from us as consideration for sending or posting a message (such as a complimentary offer), you agree to disclose the receipt of this consideration and to include any specific disclosures otherwise required by us.

5.     Third party sites

Our site may also provide links to web pages, websites, and various resources or locations on the web (including the social media sites, and collectively referred to as “third party sites”). Links to third party sites are provided for the convenience of users of our site. We do not operate, control, endorse, or guarantee any third party sites, and our policies do not apply to any third party sites. When you access any third party sites through a link posted on our site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party site.

6.     INTELLECTUAL PROPERTY

The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the site, which are protected by applicable intellectual and proprietary rights and laws.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any site content without our prior express written consent.  You are permitted to view, print, or download any content from the site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  You have a limited, non-exclusive, and non-transferable license solely to view, print, and download content from the site solely for such limited permitted use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. You may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).

The trademarks, service marks, trade names, and logos, and all related names, designs and slogans used and displayed on the site are our trademarks.  These include “Chicago Metal Rolled Products,” “CMRP,” “CM,” and any logos we may use from time to time. You may not use any of the marks used on our site without our prior express written consent. And, you may not use any metatags, meta elements, "hidden text" or other equivalents using our, our affiliates’, or our business partners’ names or marks without our or their, as applicable, express prior written consent.

You may not remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the site.

7.     INDEMNITY

You agree to indemnify and hold us, and our managers, officers, affiliates, volunteers, agents, employees, licensors, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, or your violation of these terms.

8.     DISCLAIMER

YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

WE ATTEMPT TO DISPLAY ALL CONTENT YOU VIEW ON THE SITE AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH CONTENT, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT, INFORMATION, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY CONTENT, INFORMATION, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY, OR OTHERWISE.

CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.

9.     LIMITATIONS ON LIABILITY

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND/OR ANY INFORMATION AND/OR MATERIALS PROVIDED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.

10.  GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER

Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the site and/or these terms shall be brought solely in Chicago, Illinois.

YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND, OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO, OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

11.  INJUNCTIVE RELIEF

In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify.  Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating, or voiding our rights to relief in either law or equity.