MEsteel provides a web site located on the internet at http://www.mesteel.com (the "Site"). This Membership Agreement describes the agreement between the registered customer ("Member") and MEsteel that allows to buy and sell steel products and services through MEsteel's portal (the "Portal"). The Membership Agreement explains the activities and transactions, industry information and services the Members gain access to.
1. Agreement with Terms and Conditions
This Membership Agreement describes the Terms and Conditions applicable to your use of the Site and the Portal. firstname.lastname@example.org.
2. Eligibility for Membership
Any qualified participants in the countries mentioned in MEsteel may gain access to the Site and the Portal. MEsteel may refuse to accept an application for Membership ("Registration") in our sole discretion and/or limit a Member's use of the Site and/or Portal at any time in our sole discretion.
All of the news and content on both the Site and the Portal are available for all Members. Through the Portal, Members are able to offer steel products or services for sale, search available products or services, post or search inquiries, engage in negotiations and close transactions with other Members. Members can be both Buyers and Sellers. If a Member offers products or services for sale, or responds to an inquiry, the Member is considered a "Seller". If a Member responds to an offered product or service, or posts an inquiry for the purchase of products or services, the Member is considered a "Buyer".
To become a Member, you must register as such by filing out a basic on-line application and by selecting a User Name & Password. In addition to these Terms and Conditions, you must also review and agree to the provisions of Section II: Transaction Rules which, together with these Terms and Conditions, constitute your Membership Agreement. By using the Site and by clicking the "I Agree" button below, you acknowledge your agreement with the Member's Terms and Conditions.
4. Information posted on the Site
The Member is solely responsible for information which he or she posts on the Site. MEsteel does not endorse any information posted on the Site by Members or third parties. The Member agrees that MEsteel has no obligation to monitor the content on the Site, the Portal or links to other web sites, and expressly disclaims any responsibility of MEsteel to filter any such content. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe such information may give rise to liability to us or other parties or interfere or impair our relationship with any Member.
Information posted on the Site (a) must not be fraudulent or involve the sale of stolen items; (b) must not infringe any third party's rights, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) must not violate any applicable law, statute, rule or regulation; (d) must not be obscene, indecent; (e) must not be defamatory, trade libelous, threatening or harassing; and (f) must not link directly or indirectly to or include descriptions of products or services that (i) are prohibited by this Membership Agreement or (ii) are concurrently listed for sale on a Website other than the Portal. In addition, you may not post on the Site or sell on the Portal any product or service which could cause MEsteel to violate any applicable law, statute, rule or regulation.
5. Access to the Site
a) Availability of the Site: The Site is available 24 hours a day, 7 days a week. However, we retain the right to make the Site and Portal unavailable from time to time for any reason. The Member agrees that MEsteel shall not be liable for any damages arising from any interruption, suspension or termination of the Site and/or the Portal.
b) Use of Passwords: Access to and use of Site and Portal is through a combination of a User Name / Password . Acceptance of a membership application by MEsteel validates a Member's User Name and Password . The User Name and Password provide entry to the Portal. No Member or other person is permitted to access the Site or Portal using the User Name and Password of any other Member.
6. Relationship between MEsteel and Members
Member and MEsteel are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by Member's acceptance of the Member's Terms and Conditions, use of the Site or participation in the Portal.
7. Relationship and Contractual Agreements Between Members
The Member's Terms and Conditions govern the use of the Site and the Portal. However, the specific terms and conditions of a Member's purchase or sale of products or services (such as pricing, warranties from Sellers, delivery, etc.) through the Portal are established between Buyer and Seller. Each Buyer or Seller with which you do business on the Site has the option to post his or her own terms and conditions on the Portal.
MEsteel does not set nor endorse the price, contract terms, quality, safety, conformance or legality of the products and services advertised or offered for sale, the ability of Sellers to sell products or services or the ability of Buyers to buy products or services. We cannot and do not control whether Sellers will complete the sale of products or services they offer. MEsteel is not responsible with respect to payment or collection for orders made and proposals made on the Portal.
Sellers determine, in their sole discretion, which Buyers are authorized to do business with them, which Buyers receive offers of their products and services, and which Buyers may bid on or place orders for their products and services. MEsteel makes no warranties, of any kind, either expressed or implied, as to the quality, identity or reliability of any buyer or seller and whether you should do business with such Buyer or Seller.
Sellers will post products or services to the Portal. However, we make no representations or warranties, of any kind, either expressed or implied, as to the accuracy of inventory postings made on the Site, and we shall not be liable for any incorrect postings of any Seller's inventory.
Buyers will post inquiries to the Portal. However, we make no representations or warranties, of any kind, either expressed or implied, as to the accuracy of inquiries shown on the Site and we shall not be liable for any incorrect postings of any Buyer's inquiries.
8. System Integrity
a) No Unauthorized Access: The Member shall not provide access to the Site to other persons through use of Member's User Name / Password. The Member is solely responsible to ensure that no other person utilizes Member's User Name / Password. MEsteel is specifically not responsible for the use of any Member's User name / Password by another party. Member shall be responsible for any damages or liability resulting from another party obtaining his or her User Name / Password . In addition, a Member's continued membership in MEsteel is subject to termination by Mesteel in its sole discretion in the event of any unauthorized access to the Portal by a person using such Members' User name / Password .
b) Malicious Intent: The Member agrees not to tamper in any way with the software or functionality of the Site. Without limiting the foregoing, the Member agrees not to put any device, software, routine into the Site or Portal including but not limited to any viruses, time bombs, trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
d) Applicable Laws: The Member agrees to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to the Member's use of the Site and the Portal. Without limiting the foregoing, Members are responsible for observing all applicable tariffs and trade laws.
9. Termination and Expiration
a) Termination Rights: Both MEsteel and Member may terminate this Membership Agreement at will in writing or via e-mail.
b) Expiration: An individual Member's membership shall immediately expire if the person in charge leaves the employment of the Member's current company. The Account Responsible Member is obligated to notify MEsteel of any termination of their employment status immediately.
c) Member Obligations Upon Termination of Expiration: The Member agrees that, upon termination of this Membership Agreement, the Member will: -Pay all outstanding debts to MEsteel in full within thirty (30) days.-Honor all outstanding Firm Offers and/or Firm Proposals/Counteroffers with third parties until, and unless, withdrawn by the Member.
10. Intellectual Property
The Member acknowledges that all data developed and/or collected by MEsteel in connection with the operation of the Site and the Portal shall be the exclusive property of MEsteel. MEsteel' use of such data will be made in accordance with the industrial equity partners. You may not, and these Terms and Conditions do not allow you to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the MEsteel web site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.
All third party content published on the Site or the Portal is property of the respective copyright owners and may not be used or copied or distributed in any way by Members for commercial purposes.
To enable MEsteel to use information provided by you without violating any rights you have in the information, the Member grants to MEsteel a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright and publicity rights (but not other rights) you have in such information in any media whether or not known.
11. Dispute Resolution and Applicable Law
This Membership Agreement and the Member's Terms and Conditions and the relationship between Member and MEsteel shall be governed by and construed in accordance with the laws of Delaware USA. The Member and MEsteel agree that any controversy or claim arising out of or relating to the Member's Terms and Conditions and the relationship between Member and MEsteel shall be submitted to the personal and exclusive jurisdiction of the courts located in USA.
12. Disclaimer of Warranties/General Release
MEsteel provides the Site and the Portal on an "as is" and "as available" basis, without warranty or condition, expressed or implied. The Member agrees to use the Site and Portal at his or her sole risk. MEsteel disclaims all warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
MEsteel also does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of MEsteel' control.
The Portal acts as the venue for Members to buy and sell steel products and steel-related services. MEsteel is never involved in the actual Transactions between Members. Accordingly, MEsteel has no control over the truth or accuracy of postings, the ability of sellers to sell listed products and/or services or buyers to purchase products. Because MEsteel is not involved in Member-to-Member Transactions, in the event of any dispute between one and another Member, the Member generally releases MEsteel, its agents and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.
13. Limitation of Liability
As a condition of Membership to MEsteel, and in consideration of the services provided by MEsteel, the Member agrees that neither MEsteel, nor any officer, affiliate, director, shareholder, agent or employee of MEsteel will be liable to the Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with:
1. the use of the Site and the Portal by the Member, including, but not limited to, damages resulting from or arising from Member's reliance on the Portal, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, mis-deliveries, transmissions, eavesdropping by third parties, or any failure of performance of the Portal;
2. the termination of Member's membership by MEsteel pursuant to the Member's Terms and Conditions;
3. any allegation, claim, suit, or other proceeding based upon a contention that the use of the Site or the Portal by the Member or a third party infringes the copyright, patent, trademark, confidentiality, privacy, or any other intellectual property rights or contractual rights of any third party;
4. the failure, or alleged failure, of any product purchased or transferred pursuant to the Portal to conform to any specifications or terms, whether published on the Portal or not;
5. the breach, or alleged breach, of any warranty, expressed or implied, relating to any such product or shipment; or
6. government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond MEsteel' reasonable control.
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of MEsteel and its affiliates, sub-contractors, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
As a condition of Membership, each Member agrees to indemnify, hold harmless, and defend MEsteel, and each of its respective affiliates, sub-contractors, agents, and employees against all claims, liabilities and damages incurred or allegedly incurred by any participating Member of the Site, including, but not limited to, any product or services sold on the Portal for failure of a product to meet specifications or breach of warranty.
15. Updates to these Terms and Conditions
MEsteel may amend the Member's Terms and Conditions at any time by posting the amended Member's Terms and Conditions on the Site. In addition, MEsteel will e-mail all Members a notice of the amended Member's Terms and Conditions. The amended Member's Terms and Conditions shall be effective on the date indicated in the notice. We may also add, delete or modify some or all of our services at any time in our sole discretion.
16. Other General Provisions
This Membership Agreement and the Member's Terms and Conditions constitute the entire agreement and understanding between the parties with respect to the subject matter of this Membership Agreement and supersedes and replaces any and all prior written or verbal agreements. Headings are for references only. MEsteel' failure to insist upon or enforce strict performance of any provision of the Member's Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between Member and MEsteel nor trade practice shall act to modify any provision of the Member's Terms and Conditions. If any provision of the Member's Terms and Conditions is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of the Member's Terms and Conditions which shall remain in full force and effect. This Membership Agreement may not be assigned or transferred to third parties by Members or other Website visitors without prior written permission from
Transaction Rules are incorporated into and subject to the terms of the
Membership Agreement between each Member and MEsteel. Each Member agrees
to abide by such Transaction Rules as a condition to his or her use of
the Site and the Portal.
General Aspects of the Transaction Rules
- a) Selling or buying products and services through MEsteel
requires a Membership with valid User Names / Passwords which each
Member must keep confidential in any case at all times.
- b) The Buyer, the Seller and MEsteel must keep all
Transactions on the Portal confidential.
- c) A "Transaction" within the Portal is created
with a Transaction Confirmation. The latter is created when either
party accepts a proposal from the other party.
- d) A Transaction is binding on both parties – purely dealt
between both parties without any by intervention mesteel.com.
- e) Buyer and Sellers are able to choose and to determine
which information, offers or inquiries might be received by or
made available to which other Members.
Transaction Rules for Sellers
- a) Sellers can only sell their own products, services on
Seller’s own products and services.
- b) Sellers will choose and determine which Buyers are
authorized to do business with them by their own choice criteria.
- c) Sellers must validate the Buyer’s credit worthiness and
authority based on their own criteria.
can initiate a Transaction by placing an offer on the Portal.
set the offer’s expiration date and time by their own criteria in
order to determine the length of validity for an offer.
Seller can view inquiries either by being the direct addressee of an
inquiry by a specific Buyer, or by searching the Portal for
Transaction Rules for Buyers
- a) Buyers may apply to buy from any Seller. The Buyer is
solely responsible to select the Sellers with which he or she
wants to create Transactions.
- b) MEsteel being a neutral marketplace enables Buyers to put
up an unlimited amount of inquiries and to respond to an unlimited
amount of offers. Of course, it is the Buyer‘s sole
responsibility to meet all financial commitments made.
Buyer can view offers either by being the direct addressee of an
offer by a specific Seller, or by searching the Portal for products
listed by Sellers.
set the inquiry‘s expiration date and time by their own criteria
in order to determine the length of validity for an inquiry.
All offer's / inquiry‘s showing online more than 6 months old will be deleted from time to time.
fees are due for payment in full 30 days after receipt of a
have read the MEsteel Membership Agreement and agree to the Terms
and Conditions contained therein. By clicking "I Agree"
below, I, as the primary company contact or Company Administrator,
represent and warrant that I (and the other people indicated in
Section 2 of the application) am a duly authorized representative
of my company, and can form legally binding contracts under