Terms of Use

This User Agreement (“Agreement”) sets forth the obligations relating to your use of the website www.ironconnect.com (the “Site”), which is owned and operated by IronConnect, LLC, a Nebraska limited liability company (the “Company”). Please read this Agreement carefully before using the Site. Your use of the Site is expressly conditioned on your acceptance of this Agreement. Do not use this site if you do not fully agree with the terms and conditions set forth herein. If you have any questions about this Agreement, please email info@IronConnect.com.

1. Use of Site.

   You shall use the Site only for legitimate purposes as the Site is intended to be used. You shall provide only truthful and accurate information to the Site and you are prohibited from transmitting or uploading any information that contains a virus, bug, or other harmful item.

   You will not violate any copyright or other law with respect to your use of the Site. No part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way, for any purpose, to any Third Party, without the express written permission of the Company.

   You will not take any action that will interfere with the proper working of the Site or, in the Company’s sole discretion, impose an unreasonable or disproportionately large load on the infrastructure of the Site or Company’s systems or networks, or any systems or networks connected to the Site or Company.

2. Site Account.

   If you register an account on the Site or were registered by an IronConnect employee and are using the Site, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are not permitted to allow third parties to access the Site from your account, and you are not permitted to access areas of the Site which require registration using someone else’s account.

3. Age.

   Children under 18 years of age are not permitted to use this Site and/or provide any personal information on this Site. You agree that you are at least 18 years old. Furthermore, if you enter into any online transactions on this Site, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on the Site.

4. Privacy.

   You have read and agree to the Site’s Privacy Policy.

5. Intellectual Property Rights.

   All right, title, and interest in and to the Site, together with its content, codes, sequences, derivative works, organization and structure, any documentation, data, or other related materials (collectively, the “IP”), is, and at all times shall remain, the sole and exclusive property of the Company and/or any third parties from which the Company has licensed portions of the IP, if any, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and other intellectual property rights and unfair competition laws.

   You must treat the IP like any other copyrighted material and you may not copy, reproduce, or distribute the IP, electronically or otherwise, for any purpose, without the express written permission of the Company.

   You will promptly notify Company of any unauthorized use of the IP by any person, company, or other entity and will participate as needed in the investigation of any potential infringement thereof.

   You agree to cease and desist any and all use of Company’s IP upon written demand by Company or upon termination of the Agreement.

6. User Content.

   You have the ability to submit user created content (“User Content”) to the Site as equipment listings, parts listings, service listings, discussion board postings, or other content. For all User Content submitted to the Site, you hereby warrant and represent: (i) that you own or otherwise control all of the rights to the User Content that you submit; (ii) that the User Content is accurate; (ii) that use of the User Content you supply does not violate this policy and/or the terms of use of this Site; (iii) you grant to the Company and other Site users, as applicable, a limited, non-exclusive, right to use and download the User Content; (iv) the Company and/or Site users use of the User Content will not violate the intellectual property rights of any third party and (v) you will indemnify the Company for all claims resulting from User Content you supply. For any third party User Content that you download or use through the Site, you agree that: (i) you will not to violate any intellectual property or other laws with respect to the User Content, and (ii) the owner of the User Content will be the owner of any derivative works, modifications, or updates made by you.

   The Company and/or the Site may, but is not obligated to monitor user uploaded content to make sure it meets the standards and expectations of the Site. You do not have the absolute right to provide User Content and the Company reserves the right to remove any unacceptable User Content from the Site, in its sole discretion. The following list is an illustrative, but not exhaustive, list of guidelines for User Content. No User Content may: (i) defame, abuse, harass or threaten others; (ii) promote, advocate or support any illegal activities; (iii) include any vulgar, indecent, obscene, or sexually explicit images, language, or data; (iv) include bigoted, racially offensive, or hateful statements; or (v) violate any applicable law. Additionally, the Company further reserves the right to remove User Content that is not germane to the purpose of the Site.

7. Exclusion of Warranty.

   To the maximum extent allowed by law, the Company and the Site make no warranty of any kind regarding the Site and/or materials provided on the Site, all of which are provided on an “as-is” basis. Many of the links, articles, and other data on the Site are provided by third parties and the Company and/or the Site does not warrant the truth or accuracy of any statements on the Site. The Company and the Site further make no warranty of any kind regarding the links to other websites on the Site and the content present at said links, all of which links are provided on an “as-is” basis.

8. Limitation of Liability.

   The Site and/or the Company assumes no responsibility and shall not be liable for any damages that occurred based on your access to or use of the Site, including but not limited to (i) damages to your computer equipment or other property that may result from viruses, bugs, or any cause; and (ii) any and all losses, injuries, or claims of any kind resulting directly or indirectly from your use of the Site. THE COMPANY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.

   You accept sole and complete responsibility for: (a) the selection of the Site to achieve your intended results; (b) your use of the Site; (c) the results obtained from the Site; (d) your selection, use, download, or review of any third party User Content; (e) the terms and conditions of any transaction with any other user through the Site; and (f) the quality and condition of any products you purchase or obtain from any other user through the Site. You shall not assert any claims against the Company based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR THE ACTIONS OR CONDUCT OF ANY USERS OF THE SITE, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. ADDITIONALLY, IN NO CASE WHATSOEVER SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY AND NO/100 DOLLARS ($50.00).

9. User Uploaded Content.

   The Site and/or the Company do not make any representations as to the functionality, operations, truth or accuracy of any third party User Content. The Site and/or Company does not review or approve all User Content before it is posted and uploaded to the Site. You understand and acknowledge that said information is not verified and/or endorsed by the Site and/or Company. The Company has not reviewed, and cannot review, all of the User Content uploaded by users. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, bugs, and other harmful or destructive content. User content may contain technical inaccuracies, offensive materials, or material that violates third party intellectual rights. The Company disclaims any responsibility for or knowledge of any such violations in any User Content.

10. Indemnification.

    To the maximum extent allowed by law, you shall defend and indemnify the Company and its members, managers, agents, representatives and affiliates from and against any claim, loss, cause of action or demand, including attorney’s fees, brought against the Company and/or the Site by any third party as a result of your use of the Site or any actions by you or your employees, agents, or representatives.

11. Your Interactions with Other Users.

    The Company is not responsible for the conduct of any User. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND/OR TRANSACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS AND FINANCIAL CONDITIONS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS OR THE QUALITY OF ANY PRODUCTS OR SERVICES OFFERED BY ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS AND/OR ANY PRODUCTS OR SERVICES THAT ANY USERS OFFER, SELL, OR TRADE ON THE SITE. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the site or meet in person, or if you decide to send money to or enter into a transaction with another user.

12. Applicable Law.

    The laws of the State of Nebraska, without reference to Nebraska’s conflict of law principals, shall govern this Agreement and all of the transactions contemplated by it, as well as all matters arising out of or relating to it, including without limitation claims as to its validity, interpretation, construction, performance, and all claims sounding in tort. Any legal action or proceeding with respect to this Agreement or any document related hereto shall be brought only in the circuit courts of Nebraska, or the United States District Court for the District of Nebraska, and, by execution and delivery of this Agreement, each party hereto hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. The Parties hereby irrevocably waive any objection, including, without limitation, any forum non conveniens, which any of them may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions.

13. Violation of Terms of Use.

    Company may, in its sole discretion and without proper notice, terminate your access to the Site and/or block your future access to the Site if Company determines that you have violated the Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

14. Termination.

    This Agreement will remain effective until terminated by Company.