UTUBE Terms of Use

The website located at url:www.utube.com (the “Site”) is offered to you, the user (the "User"), conditioned upon your acceptance of the terms, conditions, and notiaces contained in this Terms of Use (“Agreement”), without modification. Universal Tube and Rollform Equipment Corporation, and its designees (collectively, “Universal”) may modify the content or format of this Site or discontinue the operation of this Site, in its sole discretion and without advance notice. Your access and use of this Site constitutes acceptance of all of these terms and conditions.

Website Use. The User agrees to use this Site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to: 1) knowingly and without authorization, alter, damage, or destroy Universal's computer system, network, software, website, program, documentation or data contained therein; 2) use this Site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Site by other users or Universal will be deemed an unauthorized use.

Monitoring of Use. By using this Site, the User expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this Site now.

Disclaimer. Commercially reasonable efforts have been taken by Universal to offer the most current, correct, and clearly expressed information available. Nevertheless, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this Agreement, Universal disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other information that may be contained on any pages of this Site. The news, financial information, data and information included on this Site and servers owned by Universal have been compiled by Universal personnel from a variety of sources and is subject to change without notice to the User. Universal makes no warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or timeliness of the content found on this Site.

Links to Third Parties' Web Sites. The pages of this Site may currently or in the future include links to websites that are controlled or operated by third-parties. Any sites linked to from this Site are not under Universal's control (other than www.utubeonline.com). Universal assumes no responsibility or liability for any information, communications or materials at such sites, or at any link contained in a linked site. Universal does not intend any third-party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them and are provided for convenience only. Each third-party website has its own policies about what information is appropriate for public access. The User assumes sole responsibility for use of any third-party links and pointers.

Intellectual Property. The User acknowledges that this Site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this Site including the content therein, or engage in any other action that may violate the intellectual property rights of Universal.

Assumption of Risk. The User assumes all risks associated with his or her use of this Site and its individual pages. This risk includes but is not limited to any risk to the User's computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a webpage on the Site or the User's access to it. Universal shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this Site, or from any information, lack of information, documents, software, services, or other material obtained through any use of this Site. The User also assumes any and all risk arising out of the use of this Site, whether based on contract, tort, strict liability, or otherwise, even in the event that Universal and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. Universal shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user's decision, or action taken or not taken in reliance upon the information or lack of information furnished. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, UNIVERSAL’S CUMULATIVE LIABILITY TO USER OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USER’S USE OF THE SITE SHALL NOT EXCEED $100.

Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS UNIVERSAL’S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW. Universal reserves the right to terminate at its own discretion the User's use of this Site or forbid the User from accessing this Site in the future in the event of any abuse of the Site or any unauthorized or forbidden use by the User.

Use of Interactive Media. To the extent that this Site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving Universal and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the User violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of Universal or a third-party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this Site or the computers of Universal or any third-party. Universal reserves the right to remove any contents of this Site for any reason whatsoever without notice. The User acknowledges that any material posted by parties other than Universal or its affiliates are not endorsed by Universal, and such communications shall not be considered reviewed or approved by Universal.

Indemnification. The User agrees to indemnify Universal, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Site in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.

No Contractual Relationship. The User acknowledges that, by the use of this Site, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and Universal or any of its affiliates or employees.

Jurisdiction. This Agreement is governed by the laws of the State of New York in the United States of America. The User consents to the exclusive jurisdiction and venue of courts located in New York, U.S.A. in all disputes arising out of or relating to the use of this Site. Use of this Site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

Applicable Laws. Universal's performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of Universal's right to comply with law enforcement requests or requirements relating to any party's use of this Site or information provided to or collected by Universal regarding such use.

Survival. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement. This Agreement constitutes the entire agreement between the User and Universal regarding this Site. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and Universal regarding this Site.