legal

IRONCOMPANY.COM Legal

IRONCOMPANY.COM® USER AGREEMENT:

This page states the Terms and Conditions under which you may use www.ironcompany.com or its related subdomains. By using www.ironcompany.com or its related subdomains, you are indicating your agreement to be bound by these Terms and Conditions.

GOVERNING LAW & VENUE:

ANY DISPUTE ARISING PURSUANT TO CUSTOMER’S USE OF THE IRON COMPANY WEBSITE, THE ORDER OF ANY PRODUCT OR SERVICE FROM IRON COMPANY OR DISPUTES BETWEEN IRON COMPANY AND ITS PRODUCT OR SERVICE PROVIDERS WILL BE GOVERNED BY, CONSTRUED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS EXECUTED, DELIVERED, AND PERFORMED IN DENTON COUNTY, TEXAS, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS RULES OR CHOICE OF LAWS RULES THEREOF. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY PURCHASES OR TRANSACTIONS ENTERED INTO PURSUANT TO THIS AGREEMENT. VENUE FOR ANY ACTION ARISING PURSUANT TO ANY ORDER OR AGREEMENT BETWEEN CUSTOMER AND/OR SUPPLIER AND IRON COMPANY SHALL BE IN THE STATE OR FEDERAL COURTS APPLICABLE TO DENTON COUNTY, TEXAS.

CUSTOMER AND/OR SUPPLIERS HEREBY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF SAID COURTS AND CONSENTS TO SERVICE OF PROCESS BY CONFIRMED FACSIMILE TRANSMISSION OR COMMERCIAL COURIER (WITH WRITTEN VERIFICATION OF RECEIPT RETURNED TO THE SENDER).

ATTORNEY FEES:

IN THE EVENT THAT THE SERVICES OF AN ATTORNEY ARE REQUIRED IN ORDER TO ENFORCE PAYMENT FOR GOODS OR SERVICES SOLD TO YOU, THEN ALL ACTUAL FEES AND COSTS SO INCURRED BY IRONCOMPANY.COM, INC. SHALL BE PAID BY YOU (SAID FEES INCLUDING BUT NOT LIMITED TO FEES AND COSTS INCURRED FOR COLLECTION, LITIGATION, MEDIATION AND/OR ARBITRATION).

AGREEMENT TO TERMS OF SALE:

Any conflicting, inconsistent, or additional terms or conditions submitted with the order which are inconsistent with these terms and conditions are rejected and will not bind IronCompany.com LLC ("Iron Company") unless accepted in writing. Nor will such additional proposed terms or conditions be considered applicable to the sale or shipment of Iron Company products. Each order submitted by customer to Iron Company shall be considered an offer but shall not bind Iron Company unless and until such offer is accepted by Iron Company’s shipment of the products set forth on the order. Iron Company may refuse to accept any order for any reason and shall not be liable for claims of any nature resulting from Iron Company’s refusal to accept an order/offer.

PARTIAL ORDER SHIPMENTS:

Partial order shipments may be employed against a single purchase order for various reasons (order changes, short shipment, partial shipment, out-of-stock event, etc.), and partial shipments may be invoiced separately, resulting in more than one invoice against a single order. Invoices shall be payable in accordance with the payment terms set out therein.

RESTOCKING EXPENSES:

All expenses arising out of any change or cancellation of an order after acceptance by Iron Company, including the cost of diversion, cancellation or re-consignment of shipments, and any reasonable restocking charge, shall be paid by customer on demand or withheld from any applicable refund.

APPLICABLE SALES TAXES:

Iron Company’s listed prices do not include any sales, ad-valorem or similar taxes which Iron Company may be required to pay in connection with any order. The amount of any applicable present or future tax shall be billed to customer as an additional charge, unless Iron Company has been provided with a tax exemption certificate acceptable to the taxing authorities.

RISK OF LOSS:

Risk of loss for any products ordered shall pass upon delivery to the customer by the shipping carrier. If Iron Company pays any shipping, insurance or handling costs, (hereafter “Shipping and Handling”) such costs will be made known to customer at the time an order is placed and invoiced to customer. Customer agrees to pay any invoiced Shipping and Handling cost upon receipt of such invoice.

WARRANTIES:

Product purchased through the Iron Company website or applicable sub-domains, GSA Advantage website, Amazon.com, Iron Company sales representative, Iron Company distributor or any other Iron Company sales channel shall be warranted only to the extent of any applicable manufacturer’s warranty statement provided with such products, but not otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, IRON COMPANY SPECIFICALLY EXCLUDES ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED (WHETHER BY STATUTE OR OTHERWISE), INCLUDING WITHOUT LIMITATION, CONDITIONS, REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, VALUE, CONDITION, QUALITY, CAPACITY, FITNESS OR SUITABILITY FOR ANY PURPOSE OR USE BY BUYER OR ITS CUSTOMERS.

COMMERCIAL RATED EQUIPMENT IS ALWAYS RECOMMENDED IN NON-RESIDENTIAL LOCATIONS FOR THE SAFETY OF ITS USERS. IF YOU ARE UNSURE OF THE QUALITY OR TYPE OF EQUIPMENT NEEDED FOR YOUR LOCATION AND APPLICATION, ALWAYS CONSULT WITH AN IRON COMPANY SALES REPRESENTATIVE FIRST BEFORE YOU PURCHASE.

LIMITATION OF LIABILITY:

IN NO EVENT SHALL IRON COMPANY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND. IRON COMPANY'S MAXIMUM LIABILITY ARISING OUT OF A PRODUCT OR SERVICE SHALL NOT EXCEED THE AMOUNT PAID FOR SUCH PRODUCT OR SERVICE.

TRADEMARKS:

Manufacturers logos and names appearing on the Iron Company website and subdomains are registered®, trademarks™ and/or copyright© by the respective company or corporation. IRON COMPANY, Ironcompany, Ironcompany.com, Forged Passion, Forge Your Passion, Bomb Proof, Patriot Strength, Patriot Synthetic Grass, Patriot Sports Flooring, Iron Lock, FIt-Bid, American Built Fitness Equipment, Build-A-Roll and Move! are all Trademarks owned and/or used in the United States and the rest of the world by Ironcompany.com, Inc.. Reproduction or any use of these marks within the sporting goods, apparel, fitness equipment and recreation industries is prohibited.

CALIFORNIA PROPOSITION 65:

IRON COMPANY has voluntarily chosen to post the Prop 65 info on our site for products we offer that may or may not be affected by Prop 65. For a complete list of chemicals currently on this list please visit oehha.ca.gov/proposition-65

California Proposition 65 Warning:

Warning: This product contains chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm.

PAST DUE INVOICES:

Any invoice which remains unpaid after the expiration of thirty (30) days after such invoice became due and payable shall be considered delinquent and shall thereafter incur interest on the unpaid balance at the lesser of 1.5% per month or at the maximum rate allow by law, compounded annually, all of which Customer agrees to pay in addition to the outstanding balance.

USE OF IRONCOMPANY.COM:

The contents of this website, including, but not limited to, text, graphics, sounds, images, and other material, are owned by Iron Company and its respective licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of any such materials found on this website may violate applicable copyrights, trademarks or other laws. User may not sell or modify any materials found on Ironcompany.com or reproduce, display, publicly perform, distribute, or otherwise use such materials in any way for any public or commercial purpose. The unlicensed use of any materials found on this website is strictly prohibited.

IRONCOMPANY.COM GENERAL RULES:

You may not use the website to transmit, distribute, store or destroy any text, graphics, sounds, images, or other material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

IRONCOMPANY.COM WEB SECURITY RULES:

You are prohibited from violating or attempting to violate the security of this website or from using this website to violate the security of any other websites, including, without limitation by, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of this website, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mail bombing" or "crashing" this website, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any packet header or any part of the header information in any e-mail or newsgroup posting. Any violation of system or network security may result in civil or criminal liability for the user.

FORCE MAJEURE:

Iron Company shall not be liable for any contractual agreement or pending order in the event that its performance of obligations under this Agreement is prevented, or rendered so difficult or expensive as to be commercially impracticable, by reason of an Act of God, labor dispute, disease, unavailability of transportation, goods or services, governmental restrictions, embargo, or actions, war (declared or undeclared) or other hostilities, or by any other event, condition or cause which is not foreseeable on the date of any applicable agreement and is beyond the reasonable control of the party. It is expressly agreed that any failure of the United States Government to issue a required license for the export of any product shall constitute an event of force majeure. In the event of non-performance or delay in performance attributable to any such causes, the period allowed for performance of the applicable obligation will be extended for a period equal to the period of the delay. However, the party so delayed shall use its best efforts, without obligation to expend substantial amounts, to remove or overcome the cause of delay. In the event that the performance of a party is delayed for more than 6 months, the other party shall have the right, which shall be exercisable for so long as the cause of such delay shall continue to exist, to terminate any applicable order without liability for such termination.