Terms & Conditions

AGREEMENT BETWEEN USER AND COMPANY

The Web Content is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Web Content constitutes your agreement to all such terms, conditions, and notices. These terms of use apply to your access to and use of the Web Content and do not alter in any way the terms and conditions of any other agreement you may have with Company for products, software, services or otherwise, unless otherwise directed by Company.


MODIFICATION OF THESE TERMS OF USE

Company reserves the right to change the terms, conditions, and notices under which the Web Content is offered, including, but not limited to, the charges associated with the use of the Web Content.

COPYRIGHT

All Web Content, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of Protomet Corporation © 2019, ALL RIGHTS RESERVED (the year “2019” shall be deemed automatically replaced with the current year as of January 1st of each year), or by the original creator of the material.  Permission is granted to display, copy, and download the copyrighted materials for personal, noncommercial use only within a web browser, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.  You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any copyrighted material for any commercial use without prior written approval of Company.  You may not “mirror” any copyrighted material on any other server without prior written permission from Company.

USER ID AND PASSWORD

Access to some of the Web Content requires a user id and password.  You are responsible for maintaining the confidentiality of your user id and password, and you are responsible for any activities that occur under your user id.  You may not use anyone else’s user id and password.

LINKS TO THIRD PARTY SITES

The Company Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Company is not responsible for any form of transmission received from any Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the Web Content you agree to not use the Web Content for any purpose that is unlawful, improper, or prohibited by these terms, conditions, and notices. You may not use the Web Content in any manner which could damage, disable, overburden, or impair the Web Content or interfere with any other party’s use and enjoyment of the Web Content. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Content.  You may not attempt or gain access to any Company servers or networks through hacking or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web Content without Company’s prior, express, and written permission.  You agree not to use the Web Content for any commercial use without prior consent from Company.


ADDITIONAL USE RESTRICTIONS

You shall not post, transmit, e-mail, re-transmit or store material on or through the Company Web Site which, in the sole judgment of Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any Person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by you.  You shall be responsible for determining what laws or regulations are applicable to your use of the Web Content.  In addition, you may only use the Web Content in a manner that, in Company’s sole judgment, is consistent with the purposes of such Web Content.  If you are unsure of whether any contemplated use or action is permitted, please contact the Company at support@protomet.com.  By way of example, and not limitation, the following uses described below of the Company Web Site are expressly prohibited:

1. Uploading, posting, e-mailing or otherwise transmitting any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Web Content, including, but not limited to, providing links to pornographic content elsewhere;

2. Harming minors in any way

3. Impersonating any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;


4. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any Web Content or developing restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

5. Uploading, posting, e-mailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6. Uploading, posting, e-mailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7. Uploading, posting, e-mailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

8. Uploading, posting, e-mailing or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

9. Disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of the Web Content are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges;

10. Interfering with or disrupting the Web Content or servers or networks connected to the Company Web Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Company Web Site;

11. Interfering with or disrupting the Web Content or servers or networks connected to the Company Web Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Company Web Site;

12. “stalking” or otherwise harassing another;

13. Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites; and

14. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

LIABILITY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEB CONTENT, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE WEB CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY WEB CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEB SITE.


Company reserves the right, in its sole discretion, to terminate your access to the Web Content or any portion thereof at any time, without notice.

GENERAL

This agreement contains the final and entire agreement between you and Company regarding your use of, and access to, the Company Web Site and supersedes all previous and contemporaneous oral or written agreements regarding the same. Company may discontinue or change the Company Web Site, or its availability to you, at any time and in Company’s sole discretion.