By using SPXSTEEL.COM, you agree to these Conditions of Use. Please read them carefully.
When you use Spxsteel.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through Spxsteel.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Evolutiondeck Inc. or its content suppliers and protected by United States and international copyright laws.
Any graphics, logos, page headers, button icons, scripts, and service names included in or made available through Spxsteel.com are trademarks or trade dress of Evolutiondeck Inc. in the U.S. and other countries. Spxsteel trademarks and trade dress may not be used in connection with any product or service that is not from Spxsteel.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spxsteel. All other trademarks not owned by Evolutiondeck Inc. that appear in Spxsteel.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Evolutiondeck Inc.
Where applicable, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Spxsteel does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Spxsteel.com only with involvement of a parent or guardian. Evolutiondeck Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Evolutiondeck Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Evolutiondeck Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Evolutiondeck Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Evolutiondeck Inc. for all claims resulting from content you supply. Evolutiondeck Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Evolutiondeck Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Evolutiondeck Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Customers are required to identify damages to shipment at the time of delivery. Failure to follow the carrier's procedure voids any claim for damaged shipment.
RETURNS, REFUNDS AND TITLE
Note that all sales are final, and items may not be returned or refundable. At our discretion, a full or partial refund may be issued without requiring a return. In this situation, Evolutiondeck Inc. does not take title to the refunded item.
Evolutiondeck Inc. attempts to be as accurate as possible. However, Evolutiondeck Inc. does not warrant that product descriptions or other content of any Evolutiondeck Inc. Service is accurate, complete, reliable, current, or error-free. If a product offered by Evolutiondeck Inc. itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Price displayed for products represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Evolutiondeck Inc., we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Evolutiondeck Inc. is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Parties other than Evolutiondeck Inc. may operate stores, provide services, or sell product on the sites. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Evolutiondeck Inc. does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ANY PRODUCTS ARE SOLD SUBJECT TO OUR STANDARD STRUCTURAL WARRANTY AND LIMITATION OF LIABILITY.
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH SPXSTEEL.COM ARE PROVIDED BY EVOLUTIONDECK INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EVOLUTIONDECK INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVOLUTIONDECK INC. SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF SPXSTEEL.COM SERVICES IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Evolutiondeck Inc. service, or to any products or services sold or distributed by Evolutiondeck Inc. or through the sites will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Evolutiondeck Inc. will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATION AND SEVERABILITY
EVOLUTIONDECK INC., Inc.
25 Industrial Court B
Sault Ste Marie, Ontario
Please note that Evolutiondeck Inc. does not accept service via e-mail or fax.
NO REVERSE ENGINEERING
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Evolutiondeck Inc. products, whether in whole or in part, or create any derivative or spring board works from or of the Evolutiondeck Inc. products.