TERMS AND CONDITIONS
Read This Terms of Use Agreement Before Accessing Website.
This Terms of Use Agreement sets forth the standards of use of the Coremark Metals Online Service. By using the CoremarkMetals.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at CoremarkMetals.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Coremark Metals / CoremarkMetals.com are providing Member with option to purchase small quantity metals online, along with use of informational material. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. PRICING INFORMATION
We cannot confirm the price of an item until after you have placed your order. Pricing errors may occur on our sites. We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products described or advertised on Coremark Metals sites may differ from prices in our online or retail stores (as well as third party online and retail stores) or through mobile applications.
3. ORDER ACCEPTANCE AND BILLING
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items and/or services ordered.
You must provide truthful and accurate billing information. Providing any untruthful or inaccurate information may result in order cancellation. Before we accept and process an order, we may also request that you provide additional information. We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified through our efforts to avoid fraud and/or account abuse.
We reserve the right to limit availability of, and/or to discontinue, any content, product, service, or other feature described or available on our site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities and/or cancel orders of any content, product, service, or other feature that we provide.
If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
4. Disclaimer of Warranties.
The site is provided by Coremark Metals on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Coremark Metals makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Coremark Metals shall have no liability for any interruptions in the use of this Website. Coremark Metals disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
5. Limitation of Liability
Coremark Metals shall not be liable for any damages whatsoever, and in particular Coremark Metals Shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Coremark Metals Has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
6. Indemnification
Member agrees to indemnify and hold Coremark Metals, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
7. Modifications and Interruption to Service
Coremark Metals reserves the right to modify or discontinue the Service with or without notice to the Member. Coremark Metals shall not be liable to Member or any third party should Coremark Metals exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Coremark Metals does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Coremark Metals makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Coremark Metals makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Minnesota. As such, we are subject to the laws of the State of Minnesota, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Minnesota.
11. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, images, interfaces, and the selection and arrangements thereof is ©2006 CoremarkMetals.com, with all rights reserved, or is the property of Coremark Metals® and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Coremark Metals is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Coremark Metals. Coremark Metals and CoremarkMetals.com are proprietary marks of COREMARK METALS®. Coremark Metals’ trademarks may not be used in connection with any product or service that is not provided by Coremark Metals, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Coremark Metals. All other trademarks displayed on Coremark Metals’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Coremark Metals.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, CoremarkMetals.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Coremark Metals
216 27th Avenue North
Minneapolis, MN 55411
14. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Coremark Metals , in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Coremark Metals will use commercially reasonable efforts to promptly respond and resolve any problem or question.
This document was last updated on 12/7/2021