Terms of use – Steele Industries Inc

DEFINED TERMS: In these Terms of Use:

When we say “Steele,” we mean Steeleindustries.com. We also refer to Steele Industries Inc. as “we,” “us” and “our.” But when we say “Steele Industries Inc.,” we mean; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
When we say “you” or “your” we mean any user (like you!) of our website.
When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Steele Industries Inc. Sites (and any updates by Steele to these terms of Use and those terms and policies).
A few other key terms used in these Terms of Use:
When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with Steeleindustries.com.
When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Steeleindustries.com administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the Steele Site through the tools
offered by such social media platforms).
When we say “Materials,” we mean Content that Steele Entities make available on or through the Steele Site, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND STEELE INDUSTRIES INC. ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Steele’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Steele Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of Steele site after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

2. Your Use of the Steele Sites
You certify that the Content you provide on or through the Steele Site is accurate and that the information you provide on or through the Steele Site is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Steele is not responsible for any losses arising out of the unauthorized use of your account. You agree that Steele does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Steele Site. You agree that Steele is not a party to any such agreement, nor is Steele responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Steele Site, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Steele Site.

In connection with the Steele Site, you will not:
Make available any Content through or in connection with Steele Site that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
Make available through or in connection with the Steele Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
Use the Steele Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Steele Site.
Interfere with or disrupt the operation of the Steele Site or the systems, servers, or networks used to make the Steele Site available, including by hacking or defacing any portion of the Steele Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Steele Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Steele Site except as expressly authorized in these Terms of Use, without Steele’s express prior written consent.
Reverse engineer, decompile, or disassemble any portion of the Steele Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark, or other proprietary rights notice from the Steele Site.
Frame or mirror any portion of the Steele Site, or otherwise incorporate any portion of the Steele Site into any product or service, unless you obtain Steele’s express prior written consent to do so.
Systematically download and store any Materials.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the Steele Site, without Steele’s express prior written consent.
Cause injury to any person or entity.
Violate any law, rule, or regulation, or these Terms of Use.
You will not use the Steele Site or Steele’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Steele trademark, logo, URL, or product name without Steele’s written consent;
You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

3. Content and Ideas

A. Submitting Content and Ideas
Steele from time to time may provide functionality that enables users to make available Content and Ideas in connection with the Steele Site. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any Steele Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. Steele’s Rights to Use Content and Ideas
You grant to Steele a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that Steele is free to use any Ideas for any purpose. Steele may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. Steele is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to Steele the right to use any name associated with any Content or Idea that you make available to Steele, although Steele has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content
You agree that you will not make available Content in connection with the Steele Site
that:

is false, fraudulent, inaccurate, or misleading;
contains your full name(s), or any other confidential personally identifiable information of yourself or others;
violates any local, state, federal, or international laws or is otherwise tortious;
is protected by or would infringe on the rights of others (including Steele), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
is obscene, indecent, pornographic, or otherwise objectionable;
is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Steele in its sole discretion;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Steele;
contains or relates to chain letters or pyramid schemes;
impersonates another business, person, or entity, including Steele, its related entities, employees, and agents;
violates any policy posted on the Steele Site; or
is intended to cause harm, damage, disable, or otherwise interfere with the Steele Site or our partners.

4. Monitoring by Steele
Steele will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the Steele Site, including to determine compliance with these Terms of Use and any other operating rules that may be established by Steele from time to time. Steele will also have the right (but notthe obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the Steele Site, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify Steele for all claims resulting from any Content you make available.

5. Materials Available on the Steele Site
Steele and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The Steele Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Steele Sites, we would appreciate it if you let us know by contacting us at sales@steeleindustries.com. (Your feedback is a big part of what helps Steele to get better at helping you!)

THE STEELE ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

6. Merchandise
The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice. We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. Steele has no liability to you for content on the Steele Site that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

7. Third Party Sites
References on Steele Site to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. Steele is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the Steele Site operate or otherwise interact, nor is Steele responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party & it’s terms and policies (including its privacy policy).

8. Placing an Order

A. Order Acceptance and Billing
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. By providing payment card information to us, you authorize us to use the card as a payment method for purchases made through your Steeleindustries.com account. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. 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 by our credit and fraud avoidance department. 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 attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Steele 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. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

Steele reserves the right, including without prior notice, to limit the quantity of items purchased per person, or per order for any reason. We will attempt to notify you should such limits be applied. Steele also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Steele for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

B. Pricing Information; Availability
Steele cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Steele Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Steele reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Steele. Steele may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Steele Site. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

10. Export Policy
You acknowledge that (a) goods licensed or sold on the Steele Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no items purchased through Steele Site, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

11. Intellectual Property
The Steele Site and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to Steele, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Steele to use the Steele Site, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner.

No license, right, title, or interest in the Steele Site or any Materials is transferred to you as a result of your use of the Steele Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the Steele Site. The Steele Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Steele Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the Steele Site and Materials is the exclusive property of Steele and is also protected by U.S. and international copyright laws. Steele, Steeleindinc the STEELEINDUSTRIES.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Steele Site are trademarks or trade dress of Steele in the U.S. All other marks are the property of their respective companies.

12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Steele Site in a way that constitutes copyright infringement, please see our DMCA Procedure. Please contact us to report possible copyright infringement Sales@steeleindinc.com

13. Privacy
You acknowledge that any personal information that you provide through the Steele Site will be used by Steele in accordance with Steele’s Privacy Policy, which may be updated by Steele from time to time. If you purchase an item on Steeleindustries.com, Steele may share certain information with that supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

14. Third-Party Software & Licensing Notices
The Steele Site may include certain third-party technologies and open source materials (collectively, “Third-Party Technology”). Your use of such Third-Party Technology is subject to these Terms of Use, as well as well the applicable terms and conditions of such third parties, set forth which is incorporated in these Terms of Use by reference.

15. Promotions
Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Steele Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict

16. Disclaimer of Warranties
THE STEELE SITE, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STEELE SITE, ARE PROVIDED BY STEELE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO STEELE ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE STEELE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STEELE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE STEELE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE STEELE ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE STEELE SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE STEELE SITE IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY STEELE TO YOU THROUGH THE STEELE SITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE STEELE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE STEELE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO STEELE ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE STEELE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, STEELE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE STEELE SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A STEELE ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO STEELE ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE STEELE SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO STEELE ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SHOPPER, OR OTHER USER OF THE STEELE SITE.

18. Indemnification
You agree to defend (at Steele’s option), indemnify, and hold the Steele Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Steele Site or any breach by you of these Terms of Use. Steele reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Steele if and as requested by Steele in the defense and settlement of such matter.

19. Disputes & Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the Steele Site constitutes your acceptance of this Arbitration provision. Please read it carefully as it provides that you and Steele will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the Arbitration provision.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND STEELE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT STEELE AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-arbitration. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. These Terms of Use will be governed by and construed under the laws of the United States (including federal arbitration law) and the State of California, without regard to conflicts of law principles.

20. Termination
These Terms of Use are effective unless and until terminated by either you or Steele. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Steele Site. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Steele Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Steele, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the Steele Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the Steele Site,” “Content and Ideas,” “Monitoring by Steele,” “Materials Available on the Steele Site,” “Merchandise,” “Third Party Sites,” “Placing an Order with Steele,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

21. General
These Terms of Use represent the complete agreement and understanding between you and Steele and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between you and Steele. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of Steele to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Steele’s rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the Steele Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Filtering
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-
control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.

23. How to Contact Us
If you have any questions or comments, please contact us at sales@steeleindinc.com or by phone 1-800-674-7302. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Steele Industries Inc. Privacy Policy

We recently updated our Privacy Policy.

Updates include:

Describing of new rights available to California consumers under the California Consumer Privacy Act
Clarifying our practice not to sell personal information for monetary consideration
Clarifying how personal information is shared for advertising related activities

Steele Industries Inc. Privacy Policy Summary

At Steele, our customers are number one – always. That’s why everything we do is focused on providing excellent customer service and delivering quality items at a great price. The information you share with Steele allows us to provide the products and services you need and want. Part of providing superior customer service includes making sure that we are building a relationship of trust with customers. Our way of doing that is to let you know in a clear, prominent, and easily accessible way how we collect, use, share, and above all protect your personal information.

Our Policy outlines:

How and why we collect your personal information;
How your personal information is used and protected;
When and with whom we share your personal information; and
What choices you can make about how we collect, use, and share your personal information.

What Does This Privacy Policy Include?

This Policy covers how and why we collect, use, share, and protect your personal
information:

On our website where this Policy is posted.

Personal information is information that identifies you or reasonably can be linked to information that identifies you. For example, when you place an order online, we collect personal information, such as name, address, phone number, and credit or debit card information.

Our Accountability?

We require our employees, business partners, and service providers to manage your personal information properly. We have a team of trained employees who are responsible for helping to ensure compliance with this Policy. We require all those who manage customers’ personal information to do so properly and in accordance with our policies.

What Type of Information Do We Collect and How Do We Collect It?

We collect information to deliver the products and services you request, to help improve your experience, and to support our business functions. We collect information from you in a variety of ways when you interact with our website service.

What Information Do We Collect

We may collect the following categories of personal information. Not all categories may be collected about every individual:

Personal identifiers, such as name and address
Device and online identifiers and related information, such as telephone number and email address
Internet, application, and network activity, such as cookie IDs and browser visits
Government identifiers, such as national identification numbers and driver’s license numbers
Demographic information, such as age and date of birth
Financial information, such as credit and debit card numbers and claims information
Characteristics of protected classifications under state or federal law, such as gender and nationality
Purchase history information, such as products you have bought, rented, and returned
Location information, such as geo-location information
Audio, visual, and other sensory information, such as audio and video recordings
Employment information, such as occupation, title, licenses and professional memberships

How Do We Collect Information?

We collect information from you in two ways: (1) information we receive from you and (2) information we receive from others. Information we receive from you includes: i) information you actively share with us, such as when you create an account on our website, and ii) information you provide us passively through technology, such as through a cookie placed on your computer when you visit our website.

Information We Receive from You

You actively share information with us in various ways in our stores and online. For example, you share information when you:

Make an online purchase, or other transaction, with us;
Create an account on our website;
Request customer service or contact us;
Post a review or comment on one of our social media pages, or post a rating, review or other user-generated content on our website;
Participate in a contest, sweepstake, promotion, or survey; or
Use features of our website that may ask you to grant us access to the camera or microphone on your computer or mobile device (such as voice search or scanning bar codes).

When you engage in these activities, you may share different types of personal information with us, such as your name, email address, physical or postal address, phone number, date of birth, and payment information.

You also passively provide us information in other ways through technology. Some of this information may be linked to you personally. This information helps our website work correctly and supports our marketing and analytics efforts – our work to understand our customers’ needs and provide information about our products and services. Here are some examples:

Device Information: We collect technical information when you visit our website. This includes information such as Internet Protocol (IP) address, the type of mobile device you use, your device operating system and browser type, a unique device identifier, the address of referring website, the path you take through our website, and other information about your session on our website.
Browsing Information: We may use our own and third-party technologies such as cookies, web beacons to collect information about the use of our website. We use these tools to provide an integrated and more personalized experience for you. For example: cookies allow us to provide you relevant information as you use or return to our sites; web beacons allow us to know if a certain page was visited, an email was opened, or if ad banners on our website and other sites were effective.
Precise Device Location Information: We may collect information about your location when your device is set to provide location information.
Information We Receive from Other Sources: We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our services and marketing to you, and prevent or detect fraud.

How Do We Use Your Personal Information?

We use your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our services and marketing to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions.

Some examples include:

To fulfill your order or requests for services and provide customer service
To create and maintain your account
To conduct auditing and monitoring of transactions and engagement
To conduct marketing, personalization, and third-party advertising
To protect the security and integrity of our website and our business, and help prevent fraud
To update our operational and technical functionality
To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
To conduct research and development
To fulfill our legal function or obligations

To do the above, we combine personal and non-personal information, collected online and offline, including information from third party sources.

How Do We Share Your Personal Information Outside of Steele?

All of the categories of personal information that we collect have been shared with other companies, including our own business purpose. We will not sell or rent your personal information for monetary consideration. We may share your personal information in limited circumstances, such as to conduct our business, for other companies to offer you and administer your use of co-branded products, in the event all or a part of our business is merged, sold or reorganized, when legally required, as described below, or with your consent.

We will not share your personal information outside of our business, except in the following circumstances:

Service Providers
We share personal information about you with service providers that help with our business activities, including shipping vendors, billing and refund vendors, payment card processors, marketing and advertising vendors, and companies that help us improve our products and services. We require our service providers to keep your personal information secure. We do not allow our service providers to use or share your personal information for any purpose other than providing services on our behalf. Your personal information may be stored and processed by our service providers in the United States.

Legal Requirements and Protection of Our Company and Others
We may share your personal information in other special circumstances, which include situations when sharing is required by law, or we believe sharing will help to protect the safety, property, or rights of Steele, our customers, our employees, or other persons.
Examples include:

Protecting the health or safety of customers;
Identifying and addressing fraud or financial risk;
Responding to a search warrant or other valid legal inquiry; and
Responding to an investigative body in the case of a breach of an agreement or violation of law.

Business Transfers
In the event that all or a part of our business is merged, sold or reorganized (including transfers made as a part of insolvency or bankruptcy proceedings), personal information about you could be shared with the successor business. We will use reasonable measures to help ensure that any successor treats your information in accordance with this Policy.

How Do You Access and Update Your Personal Information?

We provide you with various ways to access or update your personal information, including contact and account information. We also take reasonable steps to keep your personal information accurate and complete. You can access or update your personal information, including contact or account information, in the following ways:

If you have created an account on our website, log into your account. Once you do, you will be able to enter and update your own contact information and payment information, as well as contact information for recipients you have designated.
Contact us; Please include your current contact information, the information you are interested in accessing, and your requested changes. We will provide you the personal information requested if it is reasonably available, unless it infringes on the privacy of other individuals, and subject to reasonable limitations provided by law and internal procedures. Otherwise we will describe the types of information we typically collect. We will provide access and make the changes you request, or will provide an explanation of what actions we will be able to take with regard to the request.

How Do We Secure Your Personal Information?

We recognize the importance of maintaining the security of our customers’ personal information. We use reasonable security measures, including physical, administrative, and technical safeguards to protect your personal information. We have a team of employees who are responsible for helping to protect the security of your information. Shopping on our website we use reasonable security measures, including physical, administrative, and technical safeguards. These measures may include physical and technical security access controls or other safeguards, information security technologies and policies, procedures to help ensure the appropriate disposal of information, and training programs.

What Are Your California Privacy Rights?

California Consumer Privacy Act

If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law.

1. You can ask us what personal information we have about you, including a list of categories of your personal information that we have sold and a list of categories of your personal information that we have shared with another company for a business purpose.
2. You can ask us to delete your personal information.
3. You can ask that we stop selling your personal information.

More information on each of these requests is below.

1. What personal information do you collect about me? If you make this request, we will return to you (to the extent required by law):

The categories of personal information we have collected about you.
The categories of sources from which we collect your personal information.
The business or commercial purpose for collecting or selling your personal information.
The categories of third parties with whom we share personal information.
The specific pieces of personal information we have collected about you.
A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

You can ask us to provide you with this information up to two times in a rolling twelve- month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.

2. Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use our website that requires your personal information to operate.

We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods.