Terms and Conditions

Last updated, March, 2024.

The website located at www.Cutting-Edge-Creations.com (the “Site”) is copyrighted work belonging to Cutting Edge Creations . (“Cutting Edge Creations”, “WE”, “Our”, or “US”). We provide resources related to steel products which include ratings provided by its buyers and products for sale (collectively, with all other services provided through our site, the “services”). Certain features of our services or site may be subject to additional guidelines, terms, conditions or rules, which will be posted below or in other links of our website. All such additional terms, guidelines, and rules are incorporated by reference into this agreement. If you do not accept and agree to these terms, you may not access or use our site or services or create an account or user profile.

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND SERVICES. BY ACCESSING OR USING OUR SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE CAPACITY AND AUTHORITY AND YOU ARE AT LEAST THE AGE OF18 AND CAN ENTER INTO A LEGALLY BIDING CONTRACT UNDER APPLICABLE LAW TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS SET FORTH OF THIS AGREEMENT AND DO NOT HAVE THE CAPACITY TO DO SO THEN, DO NOT ACCESS OR USE OUR SITE OR SERVICES.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OUR COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. IMPORTANT DISCLAIMERS.

ALL INFORMATION CONTAINED ON OUR SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY US ON ANY WEBSITE, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON OUR SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS. WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY RETAIL LOCATION OR OTHER USERS OF OUR SITE OR SERVICES. 

THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 7 AND 8 OR ELSEWHERE IN THIS AGREEMENT.

1.1. Eligibility and Accounts.

1.2 Eligibility.

You must be 18 years of age to use our site and/or services.

1.3 Account Creation.

In order to use certain features of our site (e.g., to use the services), you must register for an account with us and provide certain information about yourself as prompted by our site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one account. You may deactivate your account at any time, for any reason, by following the instructions on our site.

1.4 Account Responsibilities.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your account or any other breach of security.

2. OUR SITE

2.1 License.

Subject to the terms of this agreement, we grant you a non-transferable, non-exclusive license to use our site and services for your personal, noncommercial use under our provisions of our Privacy Policy and Terms & Conditions.

2.2 Certain Restrictions.

The rights granted to you in this agreement are subject to the following restrictions:

(1.) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our site or
services

(2.) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our site or services.

(3.) No part of our site or services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of our site or services shall be subject to the terms of this agreement. All copyright and other proprietary notices on any site or services content must be retained on all copies thereof.

2.3 Modification.

We reserve the right, at any time, to modify, suspend, or discontinue our site or services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our site or services or any part thereof.

2.4 Ownership.

Excluding your user content, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, site and services are owned by us or our licensor s. 

The provision of our site and services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Cutting Edge Creations and its suppliers reserve all rights not granted in this agreement.


3. USER CONTENT

 “User Content” means any and all information and content that a user submits to, or uses with, our site or services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that we are not responsible for any user content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. we do not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any user content.

3.1 User Content  Restrictions.

You agree not to use our site, services, or any of our social media pages or channels to collect, upload, transmit, display, or distribute any user content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, torturous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

3.2 User Content

  You are solely responsible for your user content. You assume all risks associated with use of your user content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your user content that makes you or any third-party personally identifiable. You hereby represent and warrant that your user content does not violate the  acceptable use policy (defined below). You may not state or imply that your user content is in any way provided, sponsored, or endorsed by us.
Because you alone are responsible for your user content (and not Cutting Edge Creations), you may expose yourself to liability if, for example, your user content violates the acceptable use policy or other applicable laws. we are not obligated to backup any user content and user content may be deleted at any time. You are solely responsible for creating backup copies of your user content, if you desire.

3.3 License.

You hereby grant, and you represent and warrant that you have the right to grant, to Cutting Edge Creations an irrevocable, nonexclusive, royalty-free and fully-paid, worldwide license to reproduce, distribute, publicly display  and perform, prepare derivative works of, incorporate into other works, and otherwise use your user content, and to grant sub licenses of the foregoing, solely for the purposes of including your user content in our site and services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content.

3.4 Feedback.

If you provide us any feedback or suggestions regarding our site or services (“Feedback”), you hereby assign to us all rights in the feedback and agree that Cutting Edge Creations shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

4. ACCEPTABLE USE POLICY.

4.1 Technological Restrictions.

In addition, you
agree not to use our site or services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to our site or services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or us or gain unauthorized access to our Services, other computer systems or networks connected to or used together with our site or services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of our site or services; or (g) introduce software or automated agents or scripts to our site or services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from our site or services.

4.2 Monitoring, Suspension, and Termination.

We reserve the right (but have no obligation) to review any user content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion(including removing or modifying your user content, terminating your account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated our acceptable use policy or any other provision of this agreement or otherwise create liability for us or any other person.

5. INDEMNITY.

You agree to indemnify and hold Cutting Edge Creations  (and its officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (1) your use or misuse of our site or services,  (2) your user content, (3) your violation of this agreement; or (4) your violation of applicable laws or regulations. we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Cutting Edge Creations. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE

6.1 Third-Party Materials.

Our site or services might display, include, or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, services, and advertisements for third parties such as deals (defined below) (collectively, “Third Party Materials”). You acknowledge and agree that we are not responsible for third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or user for any third-party materials. Third-party materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a third-party material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third-party material.

6.2 Deals.

Our site or services might display, include, or make available coupons, vouchers, promotional codes, giveaways, samples, and other offers (collectively, “Deals”). Deals constitute “Third Party Materials” under this agreement. We display these Deals on our site and services as a form of advertisement for the listing (the “Offeror”) only. All Deals are offered directly by the applicable offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on our site or services. The Offeror, and not us, is solely responsible for: (a) redemption of the deal; (b) compliance of all aspects of the deal with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the deal; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a deal or not.

6.3 Other Users.

Each user of our site or services is solely responsible for any and all of its user content. Because we do not control user content, you acknowledge and agree that we are not responsible for any user content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any user content, and we assume no responsibility for any user content. Your interactions with other site or service users (including Stores) are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any site or service user, we are under no obligation to become involved.

6.4 Release.

You hereby release and forever discharge Cutting Edge Creations  (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other site or service users or third party materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7.DISCLAIMERS

OUR SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, US (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT OUR SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUTTING EDGE CREATIONS (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, OUR SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUTTING EDGE CREATIONS (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

9. TERM AND TERMINATION.

Subject to this Section, this agreement will remain in full force and effect while you use our site or services. We may (a) suspend your rights to use our site and/or services (including your account) or (b) terminate this agreement, at any time for any reason at our sole discretion, including for any use of our site or services in violation of this agreement. Upon termination of this agreement, your  account and right to access and use our site and services will terminate immediately. You understand that any termination of your Cutting Edge Creations account involves deletion of your user content associated therewith from our site, services, and live databases. We will not have any liability whatsoever to you for any termination of this agreement, including for termination of your account or deletion of your user content. Even after this agreement is terminated, the following provisions of this agreement will remain in effect: Sections 3.2-3.4

10. COPYRIGHT POLICY.

We respect the intellectual property of others and asks that users of our site and services do the same. In connection with our site and services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our site and services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our site and services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:

(A) your physical or electronic signature;

(B) identification of the copyrighted work(s) that you claim to have been infringed;

(C) identification of the material on our services that you claim is infringing and that you request us to remove;

(D) sufficient information to permit us to locate such material;

(E) your address, telephone number, and e-mail address;

(F) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

(G) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please
 note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and
attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The Designated Copyright Agent for Cutting Edge Creations is:
Copyright Agent
Legal Department
Cutting Edge Creations
Email:  support@cutting-edge-creations

11. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE.

Except for disputes brought in small claims court, all disputes between you and us arising out of, relating to or in connection with our site or services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND CUTTING EDGE CREATIONS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this agreement to the contrary, we agree that if we make any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to us.  If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Malheur County, Oregon. You hereby accept the exclusive jurisdiction of such court for this purpose. This agreement is governed by the laws of the State of Oregon without regard to conflict of law provisions.

11.1 Pre-Arbitration Dispute Resolution.

We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at  cutting-edge-creations. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).
The Notice to us should be sent to the address identified in Section 12.5 below.

11.2 Confidentiality.

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

11.3 Future Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of our service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

12. GENERAL

12.1 No Support or Maintenance.

You acknowledge and agree that Cutting Edge Creations will have no obligation to provide you with any support or maintenance in connection with our site or services.

12.2 Changes to Terms of Use.

We may amend these terms at any time in our sole discretion. If we do so, we will post the modified terms on the service. The modifications will be effective immediately. You agree to review these Terms periodically so that you are aware of any modifications. Continued use of our site or services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

12.3 Copyright/Trademark Information.

Copyright © 2017-2023 Cutting Edge Creations . All rights reserved. Cutting Edge Creations ®; the logo; colors and icons used in combination or buy themselves are trademarks of Cutting Edge Creations . You acknowledge and agree that you are not permitted to use our marks or any third-party marks displayed on our site without prior written consent from us or the owners of such third-party marks.

 
 
12.4 Miscellaneous.