Terms of service
1. ACCEPTANCE OF TERMS ◦ Your use of the Desert Steel Inc. (“Desert Steel”) website, including www.DesertSteel.net (the “Site”), tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the “Services”) is subject to this Terms of Use Agreement (this “TOU Agreement”). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES. 2. REVISIONS TO THE TOU AGREEMENT ◦ Desert Steel may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the Desert Steel home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement. 3. INTELLECTUAL PROPERTY RIGHTS ◦ The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software (“Content”) are intended for your personal use. Desert Steel is the owner of the Content that is posted on the Site. ◦ Subject to the terms of this TOU Agreement, Desert Steel hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of Desert Steel. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of Desert Steel. ◦ All rights not expressly granted herein are reserved. 4. INTERACTIVE SITE FEATURES AND THIRD PARTY CONTENT ◦ Desert Steel may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If Desert Steel provides such features, Desert Steel encourages you to interact with its Site, subject to the following conditions: ◦ You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity. ◦ By posting content, you are granting Desert Steel a limited, nonexclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant Desert Steel (and those authorized by Desert Steel) the right, but not the obligation, to use the name that you submit with such content. ◦ You will not post any content that is unlawful, harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, or that infringes on the rights of any third party. ◦ You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights. ◦ You will not insert your own or a third party’s advertising or promotional content into your posting. ◦ You understand that Desert Steel may monitor or review discussions, chats, postings, transmissions, bulletin boards, or any other postings from time to time and reserves the right, in its sole discretion, to edit or remove any content that does not comply with these conditions. ◦ You understand that Desert Steel assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act. ◦ You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment. ◦ You agree that you will not collect information about the users of the Site or use such information for any purpose. ◦ You are not under the age of 13. ◦ Desert Steel reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in Desert Steel’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. Desert Steel is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content. 5. YOUR ACCOUNT ◦ If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. It is Desert Steel’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent. 6. DESERT STEEL PRIVACY POLICY ◦ Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services. 7. AUTOMATED QUERIES ARE NOT ALLOWED ◦ Automated queries may never be sent by you to our Services unless Desert Steel has provided you with express written permission. “Sending automated queries” includes, among other things: using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries; “meta searching”; and performing “offline” searches on the Site. 8. SERVICES MATERIALS ◦ You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. Desert Steel is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. Desert Steel may not control the Content posted or collected via the Services. It is your responsibility to ensure that any data or information submitted to Desert Steel to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content. ◦ You agree to: only Use (or attempt to Use) the Services through interfaces provided by Desert Steel; comply with the instructions in any robots.txt file present on the Services; provide all equipment that is necessary to access the Services; protect the security of the password that you use to access the Services and immediately notify Desert Steel at info@desertsteel.net if you believe or have reason to believe that such security has been breached; ◦ You agree to not use the Services to: ◦ engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; ◦ harm or threaten to harm users in any manner; ◦ harm or threaten to harm minors in any manner; ◦ stalk or harass any person or entity; ◦ impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; ◦ forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; ◦ infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party; ◦ engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment; ◦ disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges; ◦ interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; ◦ intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law; ◦ use the Services to advertise or perform any commercial solicitation; ◦ provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or ◦ collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs. ◦ Desert Steel has the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, Desert Steel shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it. ◦ You acknowledge, consent and agree that Desert Steel may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Desert Steel, its users and the public. ◦ All items purchased through Desert Steel are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon Desert Steel’s tender of the item to the carrier. 9. INTERSTATE DATA TRANSMISSIONS ◦ You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. ◦ You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Desert Steel and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited. ◦ By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of Desert Steel’s network architecture, business practices, and the manner in which electronic communications are processed. 10. INTERNATIONAL USE ◦ Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 11. INDEMNITY ◦ You agree to indemnify and hold Desert Steel and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another. 12. NO RESALE OF SERVICES ◦ You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Desert Steel. 13. MODIFICATIONS TO SERVICE ◦ Desert Steel may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in Desert Steel’s sole discretion. You agree that Desert Steel shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content. 14. TERMINATION ◦ You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by Desert Steel. 15. LIMITATION OF LIABILITY ◦ YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESERT STEEL, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESERT STEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. 16. NO THIRD PARTY BENEFICIARIES ◦ This TOU Agreement is not enforceable by or for the benefit of any third party. 17. TRADEMARKS ◦ Without Desert Steel’s prior permission, you agree not to display or use in any manner the Desert Steel marks. 18. DMCA NOTICE ◦ If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). All notices of infringement should be sent to the Designated Agent of Desert Steel identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. ◦ Notices of infringement should be directed to the following Designated Agent of Desert Steel: ◦ Desert Steel: Attn. Jason McClintock 1101 E. Central Ave. Wichita, KS 67214 ◦ Or e-mail: info@desertsteel.net ◦ If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA. 19. ELECTRONIC COMMUNICATIONS ◦ You agree to receive communications from Desert Steel electronically. Desert Steel will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Desert Steel provides to you electronically satisfy any legal requirements that such communications be in writing. 20. GENERAL INFORMATION ◦ Entire Agreement. This TOU Agreement constitutes the entire agreement between you and Desert Steel and governs your use of the Services, superseding any prior agreements between you and Desert Steel with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain Desert Steel products and/or services. ◦ Choice of Law and Forum. This TOU Agreement and the relationship between you and Desert Steel shall be governed by, construed, and enforced in accordance with the laws of the State of Kansas, excluding its conflict of law provisions. You and Desert Steel agree to submit to the personal and exclusive jurisdiction of the courts located within Wichita, KS. ◦ Waiver. The failure of Desert Steel to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision. ◦ Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect. ◦ Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. ◦ Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect. 21. VIOLATIONS ◦ Please report any violations of this TOU Agreement to the following: ▪ Desert Steel: Attn: Jason McClintock 1101 E. Central Ave. Wichita, KS 67214 or email: info@desertsteel.net ◦ The effective date of this TOU agreement as modified is September 25, 2015. 22. Mobile Message Service Terms and Conditions Last updated: June 29, 2022 The Desert Steel mobile message service (the "Service") is operated by Desert Steel Company (“Desert Steel”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides [ updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offers (e.g., cart reminders)] from Desert Steel via text messages through your wireless provider to the mobile number you provided. Message frequency varies. [[If sending in the US or Canada] Text the single keyword command STOP to [insert your sending number][If sending using an alphanumeric sender ID in the UK] Click the unsubscribe link in any text message to cancel at any time. to cancel at any time.] You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Desert Steel mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (844) 242-6980 or email office@desertsteel.net . We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.