Terms of Use

Last Updated: May 6, 2024

Welcome to Flack Steel LLC (doing business as Flack Global Metals). These Terms of Use (“Terms” or “Agreement“) govern your access and use of the website located at www.flackglobalmetals.com and any other digital platform where these Terms are posted, owned and operated by Flack Steel LLC (doing business as Flack Global Metals) or any of its subsidiaries and affiliates (“Flack Global Metals”, “we”, “us” and “our”) (“Sites“). Please note that, notwithstanding anything to the contrary contained in these Terms, all purchases of products, materials or services from us will not be governed by these Terms but by separate terms and conditions of sale, which can also be found on our Sites.

1. Acceptance

Please read these Terms carefully before you access and use any of the Sites. By ACCESSING AND using ANY OF the SITES you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use any of the Sites, or discontinue any access or use of any of the Sites.

2. Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND FLACK GLOBAL METALS CONCERNING YOUR ACCESS AND USE OF ANY OF THE SITES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 11 BELOW.

3. Eligibility

The Sites are offered and available to individuals who are 18 years of age or older. By using and accessing any of the Sites, you represent and warrant that you are of legal age to form a binding contract with Flack Global Metals.

4. Changes

We may revise and update these Terms from time to time in our sole discretion. Your continued use of any of the Sites following the posting of revised Terms means that you accept and agree to the changes. We reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to any of the Sites and/or communicating said changes via e-mail or other communication channel.

5. Trademark and Acceptable Use
Protected Materials. The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials“) are owned by Flack Global Metals, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Marks. The trademarks, service marks, trade dress, trade names, and logos contained on any of the Sites, including but not limited to the Flack Global Metals name and logo and other trademarks registered in the United States (collectively, “Marks“) are the sole property of Flack Steel LLC. In addition, all page headers, custom graphics, and custom icons are Marks of Flack Steel LLC.
Limited Use. These Terms permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on any of our Sites, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (iv) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Prohibited Uses. You must not: (i) modify copies of any materials from any of our Sites; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from any of the Sites; and (iv) access or use for any commercial purposes any part of any of the Sites or content contained therein.
Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to any of the Sites or any content on any of the Sites is transferred to you, and all rights not expressly granted are reserved by Flack Global Metals.

6. Notice of Copyright Infringement
Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Flack Global Metals has implemented procedures for receiving written notification of claimed infringements. Flack Global Metals has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to privacy@flackglobalmetals.com containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A 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
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice to privacy@flackglobalmetals.com containing the following information:

Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your full name, your email address, and your mailing address.

Prohibited Uses. You may use the Sites only for lawful purposes and in accordance with these Terms. You agree not to use any of the Sites:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
In any way that violates US international trade laws (including, without limitation, any laws and regulations implementing US and international sanctions programs on individuals, entities, or persons in sanctioned countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Flack Global Metals, a Flack Global Metals employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of any of the Sites, or which, as determined by us, may harm Flack Global Metals or users of any of the Sites, or expose them to liability.

Additionally, you agree not to:

Use any of the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of any of the Sites, including their ability to engage in real time activities through any of the Sites.
Use any robot, spider, or other automatic device, process, or means to access any of the Sites for any purpose, including monitoring or copying any of the material available through any of the Sites.
Use any manual process to monitor or copy any of the material on any of the Sites, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of any of the Sites.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which any of the Sites are stored, or any server, computer, or database connected to any of the Sites.
Attack any of the Sites via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of any of the Sites.

7. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or any of the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF THE SITES OR ANY OR ITEMS OBTAINED THROUGH ANY OF THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL SUBMITTED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY THIRD-PARTY APPS AND SITES.

YOUR USE OF THE SITES, ITS CONTENT, AND ANY SITES OR ITEMS OBTAINED THROUGH ANY OF THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SITES OR ITEMS OBTAINED THROUGH ANY OF THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FLACK GLOBAL METALS NOR ANY PERSON ASSOCIATED WITH FLACK GLOBAL METALS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER FLACK GLOBAL METALS NOR ANYONE ASSOCIATED WITH FLACK GLOBAL METALS REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SITES OR ITEMS OBTAINED THROUGH ANY OF THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SITES OR ITEMS OBTAINED THROUGH ANY OF THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FLACK GLOBAL METALS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FLACK GLOBAL METALS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY OF THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT OBTAINED THROUGH ANY OF THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (us).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Flack Global Metals, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of any of the Sites.

10. Force Majeure

Under no circumstances shall Flack Global Metals be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

11. Dispute Resolution / Arbitration / Waiver

Disputes. The terms of this section shall apply to all Disputes between you and Flack Global Metals. For the purposes of this section, “Dispute” shall mean any dispute, claim, controversy or action between you and Flack Global Metals concerning your use of any of the Sites. YOU AND FLACK GLOBAL METALS AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS OF USE SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY FLACK GLOBAL METALS FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.

Binding Arbitration. You and Flack Global Metals agree: (1) to arbitrate all Disputes between you and Flack Global Metals pursuant to the provision of these Terms; (2) these Terms memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms.

Dispute Notice. In the event of a Dispute, you or Flack Global Metals must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice“). The Dispute Notice to Flack Global Metals must be addressed to privacy@flackglobalmetals.com (“Flack Global Metals Notice Address“). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Flack Global Metals and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Flack Global Metals may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST FLACK GLOBAL METALS IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND FLACK GLOBAL METALS AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA“) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules“), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Hearing Format. Unless otherwise agreed, the arbitration shall take place in Chicago, Illinois, and may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based.

Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to Flack Global Metals at privacy@flackglobalmetals.com within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Sites) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms shall continue to apply.

Exclusive Venue For Other Controversies. Flack Global Metals and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within Chicago, Illinois and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such.

12. California Consumer Notice

California users are entitled to the following consumer rights notice: The Sites are provided by Flack Global Metals at privacy@flackglobalmetals.com. If you have a question or complaint regarding any of the Sites, please contact us by writing to privacy@flackglobalmetals.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

13. Governing Law; Jurisdiction and Venue

This Agreement will be governed by and construed in accordance with the laws of Illinois, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.

14. Waiver and Severability

No waiver by Flack Global Metals of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Flack Global Metals to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Contact Us

All other feedback, comments, requests for technical support, and other communications relating to any of the Sites should be directed to privacy@flackglobalmetals.com.