Last Updated: October 2021
Insteel Industries, Inc. ("Insteel," "we," "our" or "us")
operates the website www.insteel.com,
together with all other sites linking to these Terms
(collectively, the "Site"). Please read these Terms of Use
(these "Terms") carefully before accessing or using the Site.
Along with these Terms, please read our Privacy
Policy, which is hereby incorporated and made part of these
Terms.
By ACCESSING OR using the SITE, you accept all of thESE
TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR
PRIVACY STATEMENT, THEN YOU MAY NOT ACCESS OR USE THE SITE.
1. Forward-Looking
Statements. This website may contain various
"forward-looking statements" within the meaning of the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995,
which represent Insteel's expectations or beliefs concerning future
events. These forward-looking statements are subject to a number of
risks and uncertainties that could cause actual results to differ
materially from those expressed in forward-looking statements. Such
risks and uncertainties include, but are not limited to, the risks
set forth under "Risk Factors" and "Management's Discussion and
Analysis of Financial Condition and Results of Operations" in
Insteel's most recent Annual Report on Form 10-K and in Insteel's
other periodic filings with the SEC, which are accessible on the
SEC's website at www.sec.gov. Readers should not place undue
reliance on forward-looking statements contained on this website,
since they reflect management's opinions only as of the date the
statement was made. Insteel undertakes no obligation to
update or revise such statements, except as required by federal
securities laws.
2. Use of the
Site. Except as expressly permitted under
these Terms, the Site is for your personal, non-commercial and
lawful use only and you may not copy, reproduce, distribute,
transmit, display, perform, publish, license, modify, translate,
adapt, create derivative works from, transfer, sell, or otherwise
exploit the Site or any content, information, software, products or
services obtained from the Site, for any commercial purpose or
enterprise. You may not use the Site, or any content within
the Site, for any purpose that is unlawful or prohibited by these
Terms, or to solicit the performance of an illegal activity or
other activity which infringes the rights of Insteel or other
individuals or entities. Subject to your compliance with
these Terms, you may access the Site and display and use the
content made available via the Site. Subject to these Terms,
we may permit you to download certain content made available on the
Site. If you make any other use of the Site, except as
otherwise permitted under these Terms, you may violate copyright
and other laws of the United States, and other countries, as well
as applicable state laws and may be subject to liability for such
unauthorized use.
3. Prohibited Uses.
You may not (a) decompile, disassemble, or reverse engineer the
Site or any portion thereof; (b) attempt to gain unauthorized
access to the Site, any portion thereof, including content
accessible via the Site, or any other system or platform through
the Site; (c) use any automatic device, program, algorithm, or
methodology, or engage in harvesting of email addresses or other
personal information, unsolicited emailing, phone calls or
mailings, spoofing, flooding, overloading, spidering, screen
scraping, database scraping, or any similar or equivalent manual
process to access, acquire, copy or monitor any portion of the Site
or any content on the Site; or (d) reverse look up, trace or seek
to trace any information on any other user of or visitor to the
Site to its source. You agree that you will not use the Site
in any manner that could damage, disable, overburden or impair the
Site or interfere with any other party's use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
or provided for through the Site.
You will not use the Site to violate any applicable law, rule or
regulation and you will not encourage or enable others to violate
any applicable law, rule or regulation.
4. Intellectual
Property. You acknowledge and agree that the Site is
provided under limited license and access rights and not sold to
you. You do not acquire any ownership interest in the Site
under these Terms, or any other rights thereto other than to use
the Site in accordance with the limited license and rights granted
in these Terms, and subject to all terms, conditions, and
restrictions, under these Terms. The Site and all content and
materials on the Site, including, without limitation, all graphics,
interfaces, features, functions, text, button icons, data
compilations, software, code and materials thereon, the "look and
feel", selection and arrangement, design and organization of the
Site, trademarks and logos, audio and video clips, are owned by, or
licensed to, us. We and our licensors and service providers
reserve and shall retain their entire right, title, and interest in
and to the Site, including, without limitation, all copyrights,
trademarks, and other intellectual property rights therein or
relating thereto, except as expressly granted to you in these
Terms. You shall not (a) remove, delete, alter, or obscure
any trademarks or any notices of copyright, trademark, patent or
other intellectual property or proprietary rights from the Site or
any content posted to the Site, including any copy thereof; or (b)
rent, lease, lend, sell, sublicense, assign, distribute, publish,
transfer or otherwise make available the Site, or any features or
functionality of the Site, to any third party for any reason,
including, without limitation, by making the Site available on a
network where it is capable of being accessed by more than one
device at a time.
5. Reliance on Information
Posted. The content of the Site is provided solely
for general information purposes. Any reliance you place on
such information is strictly at your own risk. We may update
the content of the Site from time-to-time, but the content is not
necessarily complete or up-to-date. Any material on the Site
may be out of date at any given time, and we are under no
obligation to update such material.
6. Links from the
Site. If the Site contains links to other sites and
resources provided by third parties, these links are provided for
your convenience only. We have no control over the contents
of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of
them. If you decide to access any of the third-party websites
linked to the Site, you do so entirely at your own risk and subject
to the terms and conditions of use for such websites.
7. Termination. You
may stop using the Site at any time. We may bar access to the
Site immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever, including, but not limited
to, a breach of these Terms or our Privacy Policy. All
provisions of these Terms which by their nature should survive
termination shall survive, including, but not limited to, IP
ownership, warranty disclaimers, indemnity and limitations of
liability.
8. Feedback. We
welcome your feedback, testimonials, comments, ideas and reviews
about the Site ("Feedback"). Unless specifically otherwise
stated, you agree that by submitting Feedback to us, (a) such
Feedback shall be deemed to be non-confidential, and (b) you hereby
grant to us, our successors, affiliates, representatives and agents
a perpetual, royalty-free, fully paid-up, irrevocable,
transferable, worldwide right and license to use, transmit, copy,
reproduce, publicly display or perform, create derivative works of,
or otherwise use such Feedback, without compensation,
acknowledgement or notice to you. You also represent and
warrant to us that you have the necessary permissions and rights to
provide such Feedback to us.
9. WARRANTY
DISCLAIMERS. YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. the SITE, including, without limitation, any materials,
information, content, functions, PHOTOGRAPHS, text, graphics
and links thereon, are provided on an "AS IS" and "AS AVAILABLE"
basis, and are provided without warranties of any kind, whether
express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose,
non-infringement, non-interference, data accuracy, system
integration, and warranties arising from trade usage, course of
dealing or course of performance. the protected entities do not
warrant that (a) the SITE and Services will function uninterrupted,
secureLY or BE available at any particular time or location; (b)
any errors or defects will be corrected; (c) the SITE IS free
of viruses or other harmful components; or (d) the results of using
the SITE will meet your requirements. WE DO NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE
SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS,
AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY,
RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE
SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. You
agree that we, in our sole discretion, may immediately terminate
your access to the SITE at any time, for any reason. YOU
AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
TERMINATION OF YOUR ACCESS TO THE SITE. THIS SECTION DOES NOT
AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
10. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US, OUR
AFFILIATES, SUBSIDIARIES, AND LICENSORS, AND OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS
WELL AS OTHER USERS OF THE SITE, FROM AND AGAINST ANY AND ALL
LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS,
JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS,
OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL
REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATING TO
(A) USE AND ACCESS OF THE SITE, BY YOU OR ANY PERSON USING
YOUR ACCOUNT, AS THE CASE MAY BE; (B) BREACH OF THESE TERMS BY
YOU; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU; AND
(D) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SITE (INCLUDING
NEGLIGENT OR WRONGFUL CONDUCT) BY YOU.
11. LIMITATION OF
LIABILITY. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE LICENSORS OR
SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO
THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE FOR:
(A) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS,
COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION,
OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT
IN THE AGGREGATE EXCEED ONE HUNDRED DOLLARS (USD $100.00).
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT
OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE
AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that
any claim or cause of action related to the SITE and/or these Terms
must be filed within one (1) year after such claim or cause of
action arose or be forever barred. THIS SECTION DOES NOT
AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
12. Governing Law and
Venue. These Terms and the relationship between you
and us will be governed and construed in accordance with the laws
of the State of North Carolina, without regard to conflict-of-laws
principles. Any legal suit, action, or proceeding arising out
of, or related to, these Terms or the Site shall be instituted
exclusively in the federal courts of the United States or the
courts of the State of North Carolina. You waive any and all
objections to the exercise of jurisdiction over you by such courts
and to venue in such courts.
13. Entire Agreement; Severability;
No Waiver; Assignment. These Terms, together with
our Privacy Policy, each as may be amended from time to time,
constitute the entire agreement between you and us regarding the
Site. Neither the course of conduct between us nor trade
practice shall act to modify these Terms. If any provision of
these Terms is found to be illegal, invalid or unenforceable by a
court of competent jurisdiction, such provision will be deleted
from these Terms and the remaining provisions will continue with
full force and effect. No failure to exercise, and no delay
in exercising, on the part of either party, any right or any power
under these Terms will act as a waiver thereof, nor will a single
or partial exercise of any right or power under these Terms
preclude further exercise of that or any other right under these
Terms. These Terms, and any rights and licenses granted
hereunder, may not be delegated, transferred or assigned by you,
but may be assigned by us without restriction. Any purported
delegation, transfer or assignment by you shall be null and
void.
14. Changes. These
Terms may change from time to time, effective from the date
mentioned in the updated version of these Terms. Please check
the Site periodically to review such changes in these Terms.
You continued use of the Site following posting of any updates to
these Terms will constitute your acceptance of such
changes.
15. Copyright. If you
believe your copyright or other intellectual property right has
been violated by content accessible via the Site, please contact us
by email at webmaster@insteel.com.
16. Contact Us. If you
have any questions about these Terms or the Site, please feel free
to contact us at webmaster@insteel.com.