Terms And Conditions

Terms and Conditions

Last updated: July 25, 2024

Thank you for visiting https://colonialmetalsgroup.com (the “Site”), a property of Colonial Metals Group.

You must be at least 18 years old to use the Site. If you are under 18 years of age or the applicable age of majority, you do not have permission to use and/or access the Site.

Agreement Acceptance

By accessing, using, or submitting information to the Site or any of the Colonial Metals Group Sites, you agree to comply with and be bound by the following Terms and Conditions (“Terms and Conditions”), and the Privacy Policy (“Privacy Policy”) (collectively, the “Agreement”), in addition to any and all other applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site or the Colonial Metals Group Sites in any manner or form.

This Agreement constitutes the entire and only agreement between you and Colonial Metals Group with respect to your use of this Site and the Colonial Metals Group Sites, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the Site. As such, you agree to the terms set forth in this Agreement with respect to your use of the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with and be bound by all of the terms contained within the Agreement effective at that time.

Your Use of the Site

The Site contains intellectual property owned by us. We hereby grant you a non-exclusive, non-transferable, revocable and limited license to use the Site solely for your personal and non-commercial use, subject to this Agreement. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks). We may terminate this license at any time for any reason, and reserve the right to prohibit you from accessing the Site or any of the Colonial Metals Group Sites.

You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

Description of the Site

The Site provides users with guides, resources, materials, and an opportunity to apply for certain services (the “Services”). To the extent that you request to receive our guides, resources, and materials, and/or subscribe to receive our email newsletter, we request the following information: your first name, last name, email address, and phone number. We use this information to send you requested information, and information that may be of interest to you, including by email, phone, and/or text, as noted below.

Personal Data & Privacy

All information that you provide to us through the Site is subject to our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

Policy against Advertising our Site using Unsolicited Email Messages

We require that all emails promoting the Site or its content are sent only to individuals who have agreed to receive such messages. We prohibit any advertising of our Site using unsolicited email messages. If you feel that you have been sent unsolicited emails promoting the Site, please email us at info@colonialmetalsgroup.com. We will investigate all allegations made related to any unsolicited messages. You may also opt-out of receiving future emails by clicking on the unsubscribe link of any email advertising the Site.

E-Sign Consent

By clicking the “Get My Free Guide” button on the Site, you adopt such as your electronic signature, and consent and agree that Colonial Metals Group may provide you with electronic communications and disclosures (collectively, “Communications”) via email, by making them accessible on this Site or other website designated by Company; and your electronic signature on agreements and documents has the same effect as if you signed them in writing. If you wish to revoke/withdraw your consent at any time, please contact us at info@colonialmetalsgroup.com. Withdrawal of your consent may result in termination of your access to the Site, the Colonial Metals Group Sites, and/or the Services. Any withdrawal will be effective only after a reasonable period of time to process your withdrawal. You are responsible for providing us with true and accurate information, including your contact information. To access and retain the Communications, you will need the following: computer or mobile device with access/use of the internet or mobile connectivity and an operating system capable of receiving, accessing, and displaying Communications; a supported internet browser; sufficient storage space to save Communications and/or a printer to print them; and a valid email account and software to access such email account. You have the right to receive Communications in paper form. Please contact us at info@colonialmetalsgroup.com to request a paper copy of any Communications at no charge. A request will not be treated as withdrawal of consent to receive electronic Communications.

Disclaimer; Limitation of Liability

THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THERE SHALL BE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT.

Indemnification

You hereby indemnify, defend, and hold harmless the Site and the Colonial Metals Group Sites, their owner, affiliates, and all officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement

In the event that we determine, in our sole discretion, that you have violated this Agreement, we shall have the right to immediately terminate your use of the Site, in addition to electing to pursue any other remedies available to it under applicable law.

Enforcement

Choice of Law

The law of the State of California without reference to their rules regarding conflicts of law shall govern use of the Site, the validity and construction of this Agreement, and the interpretation of the rights and duties arising under such.

Arbitration

Except as otherwise provided by applicable law, any and all controversies and disputes arising in connection with use of the Site, the Colonial Metals Group Sites, this Agreement (including the interpretation of the Terms & Conditions or the Privacy Policy) shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to this arbitration clause. In no event shall the arbitrator(s) have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator(s)’ fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree and submit to the personal jurisdiction and venue of any such court of competent jurisdiction. In the even that this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Severability; Waiver

If for whatever reason, any term or condition in this Agreement is determined to be unenforceable, all other provisions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Updates

These Terms & Conditions were published and last updated as of the date indicated at the top. We may update the Terms & Conditions and Privacy Policy from time to time, by posting the updated versions on the Site. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Agreement to which you are bound. Your use of the Site after such modifications will constitute your acknowledgment of the modified Agreement; and agreement to abide and be bound by the modified Agreement.

Contact Us

To contact us with any questions or concerns, including regarding the Site, or this Agreement, you may contact us via email at info@colonialmetalsgroup.com, or by mail at 1200 Brickell Ave Suite 1950, Miami, FL 33131.

Need More Information or Do You Need Extra Help?

Further, if you have a disability which interferes with your ability to access this policy, we can make accommodations to present the policy in an alternative format to assist you. If you would like to receive this Privacy Policy in another format that is accessible to your needs (for example: audio, large print, etc.), please contact us.