Terms of service
Welcome to Bear Iron Works website. Unless specified otherwise by Bear Iron Works for any website, these Terms of Use (these "Terms of Use") contain the terms and conditions that govern your access to and use of Bear Iron Works websites (the "Site" or "Sites," including www.Bearironworks.net all networked websites operated by Bear Iron Works and its subsidiaries, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content")). This is an agreement between you or the entity you represent ("you") and Bear Iron Works LTD., a Colorado company with offices located 2872 I-70BL, Grand Junction, CO 81501 (together with our subsidiaries that may make any Sites available to you, "Bear Iron Works," "we," "us," or "our"). Bear Iron Works is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.
BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at www.Bearironworks.net/termsofservice
Other Websites
Bear Iron Works uses links to other websites in its blogs and additional resources. Bear iron works has no connection to the sites linked to, unless otherwise specified.
Use of Site
You may access and use the Site(s) solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and Bear Iron Works policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition you will not:
- Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.
- Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password "mining" or any other illegitimate means.
- Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.
- Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of Bear Iron Works, including but not limited to personal identification or information.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or Bear Iron Works's systems or networks.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.
- Distribute viruses or any other technologies that may harm Bear Iron Works or the interests of property any other person or entity, including any other user of any Site.
- Circumvent or manipulate our fee structure, the billing process or fees owed to Bear Iron Works, its dealers or its business associates.
- Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to Bear Iron Works on or through any Site.
- Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bear Iron Works or others.
Intellectual Property Rights
Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:
- That Bear Iron Works owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("Bear Iron Works IP").
- That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.
- Bear Iron Works owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Bear Iron Works IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Bear Iron Works, including without limitation assigning (and you hereby assign) to Bear Iron Works all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.
- No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Bear Iron Works's express prior written consent.
- That all marks that appear throughout the Sites and Content belong to Bear Iron Works, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of Bear Iron Works or the owner of the mark, as appropriate, is strictly prohibited.
- Bear Iron Works may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Bear Iron Works or others.
Grant of License
Bear Iron Works grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:
- Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
- Reverse engineer, de‑compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
- Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.
- Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.
Submissions
Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with Bear Iron Works applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to Bear Iron Works for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Bear Iron Works, or postings on this Site, are non-confidential (subject to Bear Iron Works's Privacy Policy) and shall become the sole property of Bear Iron Works. Bear Iron Works shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Bear Iron Works, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Privacy
By accessing or using any Site, you confirm that you have received a copy of the specific Privacy policy applicable to such Site (available from the Site) and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Policy.
Interactive Forums and User Materials
The Sites may, from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
- Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
- Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
- Without Bear Iron Works's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
- Bear Iron Works takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Bear Iron Works is only a forum and is not liable for any statements, representations, or User Materials provided by its users.
Bear Iron Works has the right, but not the obligation, to monitor any activity and User Materials associated with its blogs, forums, and interactive areas. Bear Iron Works may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. Bear Iron Works reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
SMS Messaging Program
- This program provides appointment confirmations, shipping updates, and promotional SMS notifications exclusively from our website. Users can expect to receive messages about their orders, such as shipping status updates, appointment reminders, important updates, and occasional promotions.
- You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
- If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to info@bearironworks.net or (970) 210-6152.
- Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive messages at a frequency that aligns with your activity and preferences. For questions about your text plan or data plan, contact your wireless provider.
- For privacy-related inquiries, please refer to our privacy policy: Privacy Policy.
Forward Looking Statements
The Sites, and any documents issued by Bear Iron Works available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Bear Iron Works’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (1) global economic conditions and economic conditions in the industries and markets we serve; (2) government monetary or fiscal policies and infrastructure spending; (3) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (4) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (5) political and economic risks and instability, including national or international conflicts and civil unrest; (6) our ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (7) the financial condition and credit worthiness of customers; (8) changes in interest rates or market liquidity; (9) changes in financial services regulation; (10) international trade and investment policies; (11) market acceptance of our products and services; (12) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (13) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Bear Iron Works Production System; (14) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (15) compliance with environmental laws and regulations; (16) alleged or actual violations of trade or anti-corruption laws and regulations; (17) additional tax expense or exposure; (18) currency fluctuations; (19) increased employee funding obligations; (20) union disputes or other labor matters; (21) significant legal proceedings, claims, lawsuits or investigations; (22) changes in accounting standards; (23) failure or breach of information technology security; (24) adverse effects of natural disasters; and other factors reasonably expected to impact Bear Iron works production.
Press Releases
The Content contained within press releases issued by Bear Iron Works should not be deemed accurate or current except as of the date the release was posted. Bear Iron Works has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
No Warranties
BEAR IRON WORKS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "BEAR IRON WORKS PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEAR IRON WORKS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.
Limitation of Liability; Remedy
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE BEAR IRON WORKS PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF BEAR IRON WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL BEAR IRON WORKS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO BEAR IRON WORKS WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Indemnification
You agree to indemnify, defend and hold harmless each of the Bear Iron Works Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the Bear Iron Works Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.
Termination
Bear Iron Works, in its sole discretion, may terminate your username and password and/or your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of Bear Iron Works if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution, and Choice of Law; Severability shall survive the termination of these Terms of Use.
Updating Sites
We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by Bear Iron Works, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.
Linked Sites
The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Bear Iron Works's control, and Bear Iron Works is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Sites and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Contractual Statute of Limitations
You agree that you will not assert against Bear Iron Works any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.
Dispute Resolution Forum Selection
All disputes, claims and controversies relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use will be resolved in a Colorado Court.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The prevailing party in any court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.
Choice of Law; Severability
These Terms of Use shall be governed by the laws of the State of Colorado, U.S.A. Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Colorado and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Entire Agreement
These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.
Inquiries
Should you have any questions concerning these Terms of Use, write to Bear Iron Works LTD, 2872 I-70BL, Grand Junction, CO 81501 or call, (970) 210-6152.