Welcome to Excel Steel. These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Excel Steel (“Excel Steel,” “we,” “our,” or “us”).
These Terms govern your access to and use of our website (including any successor URLs), and any associated platforms, applications, tools, customer portals, project materials, or services we provide (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Services.
1. Eligibility and Accounts
The Services are intended solely for individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. By accessing or using the Services, you represent and warrant that you meet these requirements and have the full legal capacity and authority to enter into and comply with these Terms.
Certain features of the Services may require you to create an account or submit information, including but not limited to quote requests, contact forms, or access requests to project materials. In connection with such activities, you agree to provide true, accurate, current, and complete information and to promptly update such information as necessary.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You agree to notify Excel Steel immediately of any unauthorized access to or use of your account.
Excel Steel shall not be liable for any loss or damage arising from your failure to safeguard your credentials or from any unauthorized use of your account.
2. Changes to Terms
Excel Steel reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time.
Any such changes shall become effective immediately upon posting of the revised Terms on the Services, and the updated effective date will be reflected at the top of this page.
Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. You are responsible for reviewing these Terms periodically.
3. Use of Services
Subject to your compliance with these Terms, Excel Steel grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for lawful purposes.
You agree not to use the Services in any manner that could damage, disable, overburden, or impair the functionality or security of the Services, or interfere with any other party’s use and enjoyment of the Services.
Excel Steel reserves all rights not expressly granted herein.
4. Acceptable Use
You agree to use the Services in full compliance with all applicable laws, regulations, and industry standards.
Without limitation, you shall not:
(a) use the Services to infringe, misappropriate, or violate any intellectual property rights, privacy rights, or other proprietary rights of any third party;
(b) introduce, transmit, or distribute any viruses, malware, or other harmful or disruptive code;
(c) attempt to gain unauthorized access to any portion of the Services, systems, networks, or data;
(d) engage in data scraping, mining, harvesting, indexing, or extraction without Excel Steel’s prior written consent;
(e) use the Services for any unlawful, fraudulent, deceptive, or misleading purpose; or
(f) misrepresent your identity or affiliation with any person or entity.
Excel Steel reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Services for any violation of these Terms.
5. User Content and Submissions
Any information, data, text, documents, or materials that you submit, upload, or otherwise make available through the Services (“User Content”) shall remain your property.
By providing User Content, you grant Excel Steel a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, process, display, and otherwise use such User Content solely for the purposes of operating, maintaining, improving, and providing the Services, including responding to inquiries and evaluating potential business relationships.
You represent and warrant that:
(i) you own or control all rights necessary to grant the foregoing license; and
(ii) your User Content does not infringe or violate any third-party rights or applicable laws.
You are solely responsible for the accuracy, completeness, and legality of your User Content.
6. Intellectual Property
All right, title, and interest in and to the Services, including all content, materials, software, source code, technical descriptions, designs, documentation, data, graphics, trademarks, service marks, trade secrets, and proprietary technologies (including but not limited to photonic substrate designs and related materials), are and shall remain the exclusive property of Excel Steel or its licensors.
Except as expressly permitted under these Terms, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, transmit, or otherwise exploit any portion of the Services without Excel Steel’s prior written consent.
Any unauthorized use constitutes a material breach of these Terms and may result in legal action.
7. Third-Party Services
The Services may contain links to or integrations with third-party websites, platforms, or services that are not owned or controlled by Excel Steel.
Excel Steel does not endorse, control, or assume responsibility for any third-party content, policies, or practices. Your use of such third-party services is at your own risk and subject to their respective terms.
Excel Steel shall not be liable for any damages or losses arising from your use of third-party services.
8. No Professional Advice
The information provided through the Services is for general informational purposes only and does not constitute engineering, architectural, legal, tax, or financial advice.
Project specifications, pricing, schedules, and suitability are determined through a separate written proposal or agreement. You should consult qualified professionals regarding decisions specific to your project.
9. Feedback
If you submit any ideas, suggestions, proposals, or feedback (“Feedback”), you agree that such Feedback is non-confidential and that Excel Steel may use, reproduce, modify, and exploit such Feedback without restriction or compensation.
10. Service Availability and Changes
Excel Steel reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice.
You agree that Excel Steel shall not be liable for any modification, suspension, or discontinuance of the Services.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEL STEEL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
EXCEL STEEL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE SERVICES.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXCEL STEEL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
IN NO EVENT SHALL EXCEL STEEL’S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF:
(a) ONE HUNDRED UNITED STATES DOLLARS (USD $100); OR
(b) THE AMOUNT YOU PAID TO EXCEL STEEL, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Excel Steel and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use of the Services;
(b) your User Content;
(c) your violation of these Terms; or
(d) your violation of any applicable law or third-party rights.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in New York, New York, and you hereby consent to the jurisdiction and venue of such courts.
You waive any objections to such jurisdiction and venue, including claims of inconvenient forum.
Nothing herein shall prevent Excel Steel from seeking injunctive or equitable relief in any court of competent jurisdiction.
15. Termination
Excel Steel may suspend or terminate your access to the Services at any time, with or without cause, notice, or liability.
Upon termination, all rights granted to you under these Terms shall immediately cease, and you must discontinue all use of the Services.
Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.
16. Privacy
Your use of the Services is subject to Excel Steel’s Privacy Policy, which is incorporated herein by reference.
By using the Services, you consent to the collection, use, and disclosure of your information in accordance with the Privacy Policy.
17. Miscellaneous
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Excel Steel regarding the Services and supersede all prior or contemporaneous agreements.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
No waiver by Excel Steel of any right or provision shall be deemed a continuing waiver.
You may not assign or transfer these Terms without Excel Steel’s prior written consent. Excel Steel may assign these Terms without restriction.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
18. Contact
If you have any questions regarding these Terms, please contact:
Excel Steel
Email: info@excel-steel.com