Privacy Policy & Website Terms of Use

Website Privacy Policy

EFFECTIVE AUGUST 31, 2023

Niagara Sheets LLC (“Niagara Sheets”, “we”, “us”, or “our”) respects your privacy and is committed to complying with this Website Privacy (“Privacy Policy” or “Policy”). This Policy explains what information we collect about you on our website, niagarasheets.com, (“Site”) and how that information is used.

This Policy does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Niagara Sheets or any third party (including our affiliates and subsidiaries); or
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Site.

Niagara Sheets reserves the right to modify or amend this Privacy Policy at any time without advance notice to you. All changes will be effective immediately upon posting to this Site. We recommend you review this Policy each time you access our Site. We will let you know via email and/or a prominent notice on the Site, prior to any material change becoming effective and update the “Last updated” date at the top of this Privacy Policy. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

PLEASE READ THIS WEBSITE PRIVACY POLICY CAREFULLY BEFORE USING OUR SITE. BY ACCESSING OUR SITE, YOU AGREE TO THE TERMS STATED IN THIS WEBSITE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OUR SITE.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT:

We collect several types of information from and about users of our Site depending on your interaction with the Site. We may collect (collectively “Your Information”):

Personally Identifiable Information: Includes information by which you may be personally identified, such as first and last name, e-mail address, company name, phone number, username and password for our Site, or any other information you may submit through your use of the Site (“Personal Information” or “PII”). This also includes, but is not limited to, information inserted into forms located on our website.
Application Data: Personal Information inserted into applications for jobs with Niagara Sheets, including but not limited to your resume information, the Personal Information outlined above, and other information requested on employment applications. All such data shall also be considered “Personal Information” under this Policy. Application Data may be processed by third parties job hosting websites. Your use of such websites is governed by those websites terms of use and privacy policies.
Usage Data: Data may be collected from you automatically when you access our Site about how you access and use the Site (“Usage Data”).
Aggregate Data: Niagara Sheets may collect data that is about you, but individually does not identify you, such as statistical information and analytic data relating to Site usage.

Some areas of our Site may ask that you voluntarily supply us with Personal Information in order to access information, submit an inquiry or request, subscribe to our mailings, apply for a job, chat with us via our chat feature, etc. You may decline to provide your Personal Information, but as a result you may not be able to access certain features of the Site and we may not be able to provide you with the requested information or service. We may also collect information from you automatically as you navigate through the Site.

COOKIES & OTHER DATA TRACKING TECHNOLOGIES:

Like many websites, we use cookies and other tracking technologies to collect non-personally identifiable information about Site users, specifically Usage Information as outlined above. Such Usage Information may include but is not limited to your computer’s Internet Protocol (or “IP”) address, the URLs and Site pages you have visited, what downloads and search queries you have made, your page views and duration, and your browser type. The collection of this information allows us to better understand how our Site is being used and how we can enhance the overall user experience.

Niagara Sheets may disclose aggregated, non-personally identifiable information about Site users without restriction.

If you do not wish to receive cookies or other tracking technologies for these purposes, you may change the settings on your internet browser to reject cookies. Please note that if you do set your browser to reject cookies, you may not be able to use all of the features of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

We may use the following cookies for the purposes set out below:

Strictly Necessary Cookies – These cookies are required for maintaining security, improving Site navigation, accessing secure areas of the Site, and storing products in our online cart, among other essential functions. These cookies cannot be disabled.
Performance Cookies – We use these cookies to monitor our Site performance and collect data on how visitors use our Site.
Targeting Cookies – We use these cookies to track user preferences for videos on our Site, for advertisement efficiency, and for other marketing purposes.

THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES:

Some content or applications on the Site may be served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with Your Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. These third parties include, but are not limited to, Google Analytics.

Google Analytics is a web analytics website offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google websites. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visit activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page https://policies.google.com/privacy?hl=en.

We may use the information collected through the Site or these third parties to market our products and services to you.

HOW WE MAY USE AND DISCLOSE YOUR INFORMATION:

The Personal Information collected may be used to fulfill the requested need or service, respond to inquiries, process transactions, and improve the user experience and content of our Site. We may also use this information to contact you for a variety of reasons such as customer service purposes and/or to provide you with promotional information about our products and services that may be of interest to you. We may also use Your Information to detect, prevent, and address technical issues, to prevent and detect criminal and/or fraudulent activity, or for any other way we describe to you when you provide us your Personal Information, or for any other purpose with your consent.

In some instances, we may share your PII with others, such as subsidiaries, affiliates, contractors, service providers, and other third parties whom we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and used only for the purposes for which we disclose to them. We may also disclose the information to other parties as disclosed to you when you provide the information, or to other parties with your consent.

Niagara Sheets reserves the right to disclose Personal Information if we believe that such action is appropriate to:

Comply with any court order, law, or legal process
Enforce or apply our Terms & Conditions of Sale or other agreements
Establish or collect monies owed to Niagara Sheets or to complete a transaction with a third party

Protect the rights, property, and/or safety of our employees, customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

As Niagara Sheets continues to grow and develop our business, we may sell or purchase assets. If another entity acquires us and/or all of our assets, the collected PII will be transferred to and used by the acquiring entity. This may also occur as the result of a reorganization, dissolution, or other matter as part of bankruptcy, liquidation, or similar proceedings.

CHILDREN:

The Niagara Sheets Site is intended for a general audience and is not intended for use by anyone under the age of 18 years old without parental consent. By using this Site, you agree that you are at least 18 years old. We do not knowingly collect PII from children under the age of 18. If you believe we have collected personal information from a child under the age of 18 without parental consent, please contact us at 716-799-8310 so we can take appropriate action.

SECURITY:

Reasonable and appropriate efforts have been designed to protect against the loss, misuse, and alteration of collected PII under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, transmission of information via the internet is not completely secure, and we cannot guarantee or warrant the security of any information you disclose or transmit to us. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Niagara Sheets is not responsible for the theft, destruction, or inadvertent disclosure or other unauthorized access to or misuse of your personally identifiable information.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION:

We strive to provide you with choices regarding Your Information. We have created mechanisms to provide you with the following control over Your Information:

Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Site may then be inaccessible or not function properly.
Promotional Offers and Communications: We may use Your Information to provide you with newsletters, marketing, or promotion materials. If you do not wish to have your email address used by Niagara Sheets to promote our products and services or Site, you can opt-out by clicking the “unsubscribe” link at the bottom of an email or by calling Us at 716-799-8310 to state your request.

OTHER SITES & LINKS:

Our Site may link to, or be linked to, other websites not operated, maintained, or related to Niagara Sheets. Niagara Sheets is not responsible for the content, links, or privacy practices employed by any linked or third-party website, including any third-party websites with whom Niagara Sheets has an affiliation or business relationship. Once you enter those websites from a link from our Site, our Privacy Policy or other terms do not apply. We do not control and accept no liability or responsibility for those websites. Please consult the terms and conditions and privacy policies of those third-party websites to find out how they collect and use Your Information and to establish whether they use cookies and what they use them for.

GEOGRAPHIC RESTRICTIONS:

Niagara Sheets is based in the State of in the United States. We provide this Site only for use of individuals located in the United States. We make no claims that the Site, its accessibility, or its content is appropriate or your access to it is legal outside of the United States. If you access the Site from outside the United States, you do so at your own initiative and risk, and consent to potential processing, collection, and transfer of your Personal Information to a country that may have different privacy laws and that may or may not be as comprehensive as your own.

Do Not Track and CalOPPA:

The Site does not respond to, or support Do Not Track (“DNT”) signals. Do Not Track is a preference you can set in your web browser to inform websites you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

Contact Us:

If you have any questions or concerns regarding this Website Privacy Policy, please contact us at:

Niagara Sheets, LLC
7393 Shawnee Road
North Tonawanda, NY 14120

716-799-8310

Website Terms of Use

EFFECTIVE AUGUST 31, 2023

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Niagara Sheets LLC (“Niagara Sheets,” “We,” or “Us”). The following terms and conditions (“Terms of Use”), govern your access to and use of https://www.niagarasheets.com/, including any content, functionality, and services offered on or through the website (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy, found at [https://www.niagarasheets.com/privacy-policy/] incorporated herein by reference. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Niagara Sheets. If you are not of legal age, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access some of the resources the Website offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website (including the chat feature), is governed by our Privacy Policy [https://www.niagarasheets.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, files, graphics, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Niagara Sheets, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Specifically, the Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and/or logos

These Terms of Use permit you to use the Website for its intended use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download limited copies of pages of the Website for approved purposes and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this Website.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not access or use for any unintended purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please call 716-799-8310.

All information on the Website was developed by and is the property of Niagara Sheets. If you print, copy, modify, download, or otherwise use or provide any other person access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Niagara Sheets. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

User Conduct

You understand and agree that Niagara Sheets may not review, audit, or otherwise verify the accuracy of your data. If you submit information to or through this Website, you are solely responsible for any information uploaded or entered. Niagara Sheets is not responsible for any issues that may arise with respect to information provided by you or your affiliates. You also understand and acknowledge that you shall not use the Website for any use not authorized within this Terms of Use. You shall not provide any information other than your own or of others without their express consent.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Niagara Sheets, a Niagara Sheets employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Niagara Sheets or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Copy or reproduce any material on the Website without express prior written consent of Niagara Sheets.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Take any action with respect to your use of the Website and concerning any information you provide that we deem necessary or appropriate in our sole discretion, including if we believe that such use of information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Niagara Sheets.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NIAGARA SHEETS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NIAGARA SHEETS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NIAGARA SHEETS OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on or through the Website. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements expressed in these materials, other than the content provided by Niagara Sheets, are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Niagara Sheets. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

You may only link to the Website in accordance with any additional terms and conditions we provide. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any links at any time without notice in our discretion.

Links from the Website

The Website may contain links to other websites that are owned and operated by third parties. You acknowledge that Niagara Sheets is not responsible for the operation of, or the content located on or through any such third-party websites. An advertisement of, or link to, an unrelated third-party website does not mean that we approve, endorse or accept any responsibility for that website. Niagara Sheets does not make any representations or give any warranties of any kind about other third-party websites, the content thereof, or the products and/or services made available through such websites. Before you use a third-party website, you should review the applicable terms and conditions and privacy policy of such third-party website.

Our Website may include links to our social media platforms. By visiting or using those social media platforms, including the use of direct or personal messages, you are governed by the applicable social media platform’s privacy policy and terms of use. We do not control and accept no liability or responsibility for such social media platforms or your use of such platforms. Under no circumstances should you submit sensitive information or PHI via social media platforms to Niagara Sheets.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NIAGARA SHEETS NOR ANY PERSON ASSOCIATED WITH NIAGARA SHEETS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NIAGARA SHEETS NOR ANYONE ASSOCIATED WITH NIAGARA SHEETS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

IN ADDITION, NIAGARA SHEETS NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO NIAGARA SHEETS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NIAGARA SHEETS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability and Exclusion of Certain Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIAGARA SHEETS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NIAGARA SHEETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND FOR THE SERVICES AND PRODUCTS OFFERED ON THE WEBSITE. YOUR ONLY REMEDY AGAINST NIAGARA SHEETS FOR DISSATISFACTION WITH THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS TO STOP USING THE WEBSITE. THAT SAID, IF NIAGARA SHEETS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, NIAGARA SHEETS’S LIABILITY SHALL NOT EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold harmless Niagara Sheets, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Website content or services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Niagara Sheets’ sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Niagara Sheets of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Niagara Sheets to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Niagara Sheets regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.