TERMS AND CONDITIONS
Please review these terms and conditions, which govern your use of Steelandpipes.com (https://steelandpipes.com/), any related services, mobile applications, and other sites on which these terms and conditions appear (collectively, the “Site” or “Sites”). Your use of any of the Sites constitutes your unconditional agreement to be bound by these terms and conditions, and the Privacy and Security Statement (collectively, the “Terms”). The Sites are provided by Steel and Pipes, Inc. (“Steel and Pipes”) as a service to its customers, unless specifically provided otherwise on a Site. The Terms inure to the benefit of Steel and Pipes and affiliates.
YOUR USE OF THE SITE
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including all financial charges and legal liability that such child may incur.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and 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 control protections is available on the websites GetNetWise (https://www.getnetwise.org) and OnGuardOnline (https://onguardonline.gov).
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site.
- Use the Site or content on or from the Site for any unlawful purpose.
- Express or imply that any statement you make is endorsed by Steel and Pipes or its subsidiary or affiliate companies.
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable or infringes Steel and Pipes or any third party's intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written authorization to do so.
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully.
- Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses and defects.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site.
- "Frame" or "mirror" any part of the Site without Steel and Pipes’ prior written authorization.
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- Harvest or collect information about Site visitors.
- Take any action that imposes an unreasonable or disproportionately large load on Steel and Pipes’ infrastructure.
- Use the Site for any reseller activities. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Steel and Pipes or another seller) through any channel to downstream customers. Purchasing a product that will be used or consumed as part of a home improvement or construction project performed for another person does not constitute a reseller activity.
PLACING YOUR ORDERS ON THE SITE
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
- Steel and Pipes and its affiliates and subsidiaries reserve the right, at their sole discretion, to (i) refuse service and to terminate accounts if Steel and Pipes believes in its sole discretion that customer conduct violates applicable law or the Terms, is harmful to the interests of Steel and Pipes, its subsidiaries or its affiliates or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.
- Steel and Pipes’ acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site, including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges. Any canceled order placed using a Steel and Pipes Gift Card will have a refund card mailed to the address listed within the billing address line of the online order.
- All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Steel and Pipes’ delivery of the items or products to the carrier.
- You may choose to pick up eligible items in a single order from different Steel and Pipes stores. For instance, in the same order, you may choose to pick up an item from one store, another item from a second store and a third item from a third store. The online price for your items will be the price shown at the time you start the checkout process. You understand that the online price may be different from the in-store prices for the same item and will be exclusive of store-specific sales, discounts, rebates or other markdowns available for in-store purchases.
- If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store your information and allow you to make a future purchase without reentering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy.
- Tools, products, materials, techniques, building codes and local regulations change; therefore, Steel and Pipes assumes no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.
Information Posted on the Site
The information and materials on the Site (the “Materials” ) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Steel and Pipes or any of its affiliates, subsidiaries or agents.
Unless indicated otherwise, most products and services displayed on the Site are available directly from or through Steel and Pipes, its subsidiaries or its affiliates. Steel and Pipes endeavors to display and describe its products and services accurately on the Site. Steel and Pipes is also improving its products and services, and may update the Materials displayed on the Site at any time and without notice.
Steel and Pipes cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
COPYRIGHTS AND TRADEMARKS
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Steel and Pipes, or its software, and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Steel and Pipes and protected by applicable copyright laws.
Steel and Pipes grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Steel and Pipes and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Steel and Pipes or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks” ) on the Site are registered and unregistered trademarks. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.
Links to Other Sites
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience, and their presence on the Site does not imply endorsement by Steel and Pipes or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Steel and Pipes and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Steel and Pipes and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
Digital Millennium Copyright Act
Claims of Copyright Infringement. It is our policy to restrict access privileges of those who repeatedly infringe the copyrights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Steel and Pipes designated Copyright Agent (identified below), which sets forth the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work.
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Steel and Pipes to locate the material.
- Your name, address, telephone number and, if available, email address.
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law.
- A statement that the information you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A physical or electronic signature of the copyright holder or authorized representative.
The Copyright Agent designated by Steel and Pipes to receive notifications of claimed infringement is:
H&S Law Offices, P.S.C.
352 San Claudio Ave., Suite 1, PMB 329
San Juan, PR 00926-4144
' (787) 292-7564/292-7569
- Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to Steel and Pipes customer care at the contact information listed on our Site.
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Steel and Pipes designated Copyright Agent:
- Your original or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement "under penalty of perjury" by you that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content.
- Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Steel and Pipes is located; and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
- If a counter-notice is received by the Copyright Agent, Steel and Pipes may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless Steel and Pipes’ Copyright Agent receives notice from the person who submitted the DMCA notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the site or Steel and Pipes’ system or network, Steel and Pipes may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Steel and Pipes’ sole discretion.
Warranty Disclaimer; Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STEEL AND PIPES, ALL OF STEEL AND PIPES SUBSIDIARY OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
STEEL AND PIPES AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY STEEL AND PIPES OR STEEL AND PIPES LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT STEEL AND PIPES SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. STEEL AND PIPES DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT STEEL AND PIPES AND ITS AFFILIATES, AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STEEL AND PIPES AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer does not apply to intentional or wanton acts on the part of Steel and Pipes. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS STEEL AND PIPES AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND/OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Steel and Pipes makes no representation or warranty that Materials and content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You and Steel and Pipes each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Steel and Pipes each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Steel and Pipes will engage in the following informal dispute resolution process:
- You must first present any claim or dispute to Steel and Pipes by contacting the customer care center to allow Steel and Pipes the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Steel and Pipes your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.
- You and Steel and Pipes will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or Steel and Pipes is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.
- Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us.
- Any statute of limitations will be tolled while You and Steel and Pipes engage in the informal dispute resolution process described in this section.
Choice of Law, Jurisdiction and Venue:
- You agree that this agreement and your use of the Site will be governed by the laws of Puerto Rico. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Puerto Rico, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
- YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
- STEEL AND PIPES AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, STEEL AND PIPES AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.
Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
- Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
- You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Steel and Pipes or against any of Steel and Pipes subsidiary, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court.
- You must first present any claim or dispute to Steel and Pipes by contacting the customer care center to allow Steel and Pipes the opportunity to resolve any dispute, as outlined more fully above. Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement, and there will be NO JURY TRIAL. Any arbitration demand must be signed by the claimant and must include a description of the claim; information about the specific purchase, transaction or matter at issue; and a description of relief sought.
- You and Steel and Pipes agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Puerto Rico, and will be conducted in the Spanish language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
- Any arbitration shall be confidential, and neither you nor Steel and Pipes may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and Steel and Pipes. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law.
Changes to the Terms
You agree that Steel and Pipes may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
Steel and Pipes, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Terms, any Program or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications.
You agree that Steel and Pipes may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Steel and Pipes will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Steel and Pipes through the Site may be subject to legal process (e.g., a subpoena) by Steel and Pipes or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Steel and Pipes will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Steel and Pipes may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Steel and Pipes performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Steel and Pipes’ right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Steel and Pipes with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers, or you and Steel and Pipes as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Steel and Pipes, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Steel and Pipes with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Steel and Pipes with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Steel and Pipes or it is physically signed in blue ink by an executive officer of Steel and Pipes.
Any actual or alleged waiver by Steel and Pipes of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and/or any notice given by Steel and Pipes in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Steel and Pipes in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Additional Registered User Terms
Registration and Applicable Terms. You can become a registered user of the Site (“Registered User” or “User”). A single email address can be associated with your account (“Account”). Becoming a Registered User gives you access to additional services, benefits, promotions and functionalities available on the Site or in store (collectively, “Registered Services”). You can become a Registered User by registering on the Site. By creating or using an Account, you consent to and agree to be bound by the Terms.
Username and Password. As part of the registration process, you will be asked to select a username and password. Steel and Pipes may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Steel and Pipes of the problem by contacting Steel and Pipes customer care at 787-747-9415. You are entirely responsible for maintaining the confidentiality of your username and password, and any and all activities (including purchases) that are conducted through your Account.
Communications From Steel and Pipes. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including mail, email, SMS (text message), other computer electronic messaging or other means from Steel and Pipes and its subsidiaries and affiliates. Message and data rates may apply.
Privacy. You consent to Steel and Pipes’ collection, use and disclosure of your personal information (e.g., names, emails, phone numbers, address, online activities, transaction history, etc.) when you opt in to our Programs. Steel and Pipes may use the information to identify you, to provide you with tailored products and services, and to enhance our relationship with you. You acknowledge that you understand there is no obligation to remain opted in to our Programs and consumers may opt out at any time.
Submissions. As a Registered User, you may be able to upload information or data to your Account. The information or data you upload or enter into your Account is called “Submissions.” Steel and Pipes reserves the right to monitor any Submissions, but Steel and Pipes is under no legal obligation to do so.
- For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant Steel and Pipes a nonexclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use those Submissions (“IP License”) as Steel and Pipes sees fit in its sole discretion.
- The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others and they have not deleted it.
- You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted.
- You agree that Steel and Pipes, its affiliates and agents may use your name, email address, telephone number, and/or other Account information to access, review, edit and modify your Submissions, Tracked Purchases and other information associated with your Account.
Deactivation of Your Account and Termination of Service. Steel and Pipes reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Steel and Pipes may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of Account inactivity, may result in all data and information uploaded or submitted by you or by Steel and Pipes, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Steel and Pipes has no obligation to make a copy, electronic or otherwise, of your Submissions, Tracked Purchases or purchase history available to you at any time, including, without limitation, upon deactivation of your Account for any reason. Steel and Pipes reserves the right to terminate your access to and use of your Account or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. You may choose to deactivate your membership at any time by contacting Steel and Pipes. Upon deactivation of your Account or upon your violation of the Terms, your right to use the Site and any portions of the Site will immediately cease.
Additional Personal Account Terms
Personal Accounts. A Personal Account may be required to obtain and use certain Site features, programs and benefits, including, but not limited to, Steel and Pipes discounts, Subscriptions, and benefits.
Programs and benefits offered to Registered Users are subject to conditions and may be modified by Steel and Pipes in its sole discretion.
Steelandpipes.com Tracked Purchases. Purchases made online while logged in to your Personal Account will allow Steel and Pipes to register and record your purchases for you, giving you access to product descriptions, quantity purchased, price, date of purchase and additional information.
Returns and Refunds
Steel and Pipes is committed to partnering with you to achieve your project improvement goals. If you’re not completely satisfied with your Steel and Pipes purchase, simply return the merchandise to any Steel and Pipes store in the US. Most new, unused merchandise can be refunded or exchanged with proof of purchase within 30 days of the original purchase date, unless noted in our Return Policy Exceptions. All returns are subject to system approvals.
Photographs may be requested prior to replacing material. Steel and Pipes will not be liable for any loss or cost incurred for any alterations or adjustments made by the customer, or customer's election to use material as is. Once the material has been used or changed in anyway, it is non-replaceable, and customer accepts material as is.
Returns with a valid proof of purchase will be exchanged, refunded in cash, credited to your account or refunded via in-store credit based on the original method of payment, except as set forth by the following:
- Purchases made with a Steel and Pipes Gift Card or in-store credit will be refunded as in-store credit.
- Purchases made with a debit card will be refunded as cash or credited back to the debit card, which may take up to 30 days.
Written copies of Steel and Pipes Return Policy will be provided upon request.
Returns Without Receipt
In most instances, your receipt can be retrieved by using the original credit card, checking account number, or your phone number. For returns without a valid receipt, Steel and Pipes, at its discretion, may issue in-store credit for the item’s current selling price.
Steel and Pipes requires a valid picture ID (state driver’s license, state ID card or military ID) for returns without a valid proof of purchase. Steel and Pipes uses and checks verification systems. ID information or a phone number may be entered into these systems where authorized by law. All returns are subject to system approvals. Steel and Pipes reserves the right to refuse and limit the number of returns permitted without a valid receipt.
Return Policy Exceptions
*24-Hour Return Policy
- Return must be initiated with Steel and Pipes within 24 hours of delivery or the time of pickup at a Steel and Pipes location.
- Welding Machines, Plasma machines, Hand tools, Power tools
- Electronic Parts
- Air Conditioners
- Garland Roll and Comb equipment Cut to size material
- Special ordered material / merchandise
- Any merchandise under liquidation
- Any merchandise on an “AS IS” description
- Any fabricated, drilled or punched material
- Labor and installation charges.
- Delivery and/or shipping charges (unless due to Steel and Pipes’ error).
- In-store credits, refund cards and merchandise cards.
- Any gift card, including third-party, Visa or MasterCard gift cards.
Special Order merchandise or products are non-refundable. Steel and Pipes sources products from different manufacturers and distributors. Special order, non-stock items may be filled and shipped directly from them. Orders for custom material or sizes that are not considered normal in-house stock may not be cancelable or returnable.
Hazardous Materials or Products That Contain Lithium Batteries
For safety reasons, items that use or contain flammable liquids, gases or other hazardous materials can’t be returned through the mail, even if the item has been drained of these materials. Please return such items to your local Steel and Pipes store. Items containing lithium batteries must also be returned to your local Steel and Pipes store.
Problems With Your Order?
Damage Due to Shipping/Delivery, Missing Items, Shipping/Delivery Errors
If you receive an order that arrives damaged, incomplete or in need of replacement parts, contact Steel and Pipes customer care at 787-747-9415 within one day of receiving the item to report the error or damage. ALL MERCHANDISE IS ACCEPTED BY THE FREIGHT CARRIER IN GOOD CONDITION. The freight carrier is responsible, per the terms of the Bill of Lading, to deliver the merchandise to you in the same good condition. Title and risk of loss pass to customer upon tender of shipment to the customer.
Once order is received, inspect your order immediately and check for shipping shortages, damages, and accuracy. Signature on the shipper’s receipt indicates that merchandise has been received and that the order has been dispatched undamaged and correctly. BEFORE ACCEPTING DELIVERIES YOU MUST INSPECT AND NOTE ANY DAMAGES OR SHORTAGES ON DRIVER'S DELIVERY RECEIPT. NO EXCEPTIONS! DO NOT REFUSE YOUR SHIPMENT AS YOU MAY BE RESPONSIBLE FOR THE REDELIVERY OF YOUR ORDER. We will work with you in replacement of the damaged items.
Please call Steel and Pipes for general assistance. If the repair is covered by the manufacturer’s warranty, it will be repaired at no cost to you. For repairs not covered under the manufacturer’s warranty, repairs may be offered by the technician at the customer’s expense.
Lost or stolen Steel and Pipes Gift Cards can only be replaced for the remaining balance by presenting the original receipt.
Army Post Office and Fleet Post Office ship-to addresses aren’t eligible for no-charge pickup.
These remedies are your exclusive remedies. All other remedies are hereby excluded. All warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose are expressly excluded. The exclusions herein are subject to, and may be limited by, applicable law, and you may have additional rights that vary from state to state.