Terms of service
Site Terms of Use
Last updated: October 12, 2023 9:00 AM
These Terms of Use ("TOU") constitute a legally binding agreement made by and between Modern Metal Company, LLC ("Modern Metal") and you, whether personally or on behalf of an entity ("you"). These TOU govern your use of modernmetalcompany.com (the "Site") and the services offered by Modern Metal, so please read them carefully.
Ordering from Modern Metal Company LLC
You must have full authority to use the method you choose, to submit an order for products through our site.
Shipping and Delivery:
Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address.
International clients.
We are not responsible for any import taxes, fees or duties. You will have to pay for those based of the governing rules of your country.
By accessing and using any part of the Site, you agree that you read, understand, and agree to be bound by these TOU. If you do not agree to be so bound, do not access or use the Site.
- Restrictions on Use
All pages within this Website and any material made available for download (collectively the “Site”) are the property of Modern Metal and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Modern Metal. Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Modern Metal.
- Acknowledgment of Risks
By using our online retail platform, you acknowledge that there are inherent risks associated with online shopping, including but not limited to the risk of product defects, shipping delays, information security breaches, and the possibility of inaccuracies in product listings and descriptions.
- Trademark Notice
Modern Metal Company and any associated logos and product or service names are the logos, trademarks, and service marks of Modern Metal. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
- Copyright Notice
The contents of the Modern Metal Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Modern Metal and contain Modern Metal's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Modern Metal services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Modern Metal icons, site address, or other means to hyperlink other Internet sites with any page in the Modern Metal Site, and Modern Metal assumes no responsibility for any other party's site hyperlinked to the Modern Metal Site or in which any part of the Modern Metal Site has been hyperlinked.
- Disclaimer
All data, software, and documentation in Modern Metal’s Site are provided “as is” without warranty of any kind, either expressed or implied. Modern Metal, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, noninfringement, merchantability or fitness of any information contained on this site.
Although Modern Metal attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Modern Metal so that it can be corrected. Information contained on the Site may be changed or updated without notice.
- Confidential and Proprietary Information
Modern Metal does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Modern Metal through the Site will be deemed NOT to be confidential. By sending Modern Metal any information or material, you grant Modern Metal an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Modern Metal is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. This provision does not apply to your Personally Identifiable Information or payment information. See our Privacy Policy for more information.
- Choice of Law and Venue
These Terms and Conditions are entered into in the State of Arkansas and shall be governed by and construed in accordance with the laws of the State of Arkansas, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Benton in the State of Arkansas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
- Entire Agreement
These Terms and Conditions constitute the entire agreement between Modern Metal and you pertaining to the subject matter of this Agreement. In its sole discretion, Modern Metal may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.
- No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Modern Metal that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. The following activities are strictly prohibited:
- Fraudulent Activities: Any attempt to engage in fraudulent transactions, including but not limited to using stolen credit card information, counterfeit currency, or deceptive billing practices, is strictly prohibited.
- Intellectual Property Violations: you must not infringe upon the intellectual property rights of others. This includes, but is not limited to, using copyrighted images or text without permission, selling counterfeit goods, or engaging in trademark infringement.
- Unlawful Activities: you must comply with all applicable laws and regulations when using our platform. Engaging in illegal activities is strictly prohibited.
- Unauthorized Access: Users must not attempt to gain unauthorized access to our platform, other users' accounts, or any confidential information. Hacking, phishing, or any form of cyberattack is strictly prohibited.
- Misrepresentation: Providing false information, impersonating others, or engaging in any form of misrepresentation is not allowed. Users must use accurate and truthful information when interacting with our platform.
