Last updated: September 1, 2022
Please read these Terms carefully before you access or use our Online Services. When you access or use our Online Services, you are agreeing to be bound by these Terms, as amended from time to time, as well as the Worthington Industries Online Privacy Notice, which is incorporated by reference into these Terms. If you do not wish to agree to these Terms, do not access or use our Online Services.
WI may change these Terms at any time by posting changes to the Online Services, or on a website or app that replaces them, prior to the change becoming effective, or by notifying you via your WI account, through the app, or by email prior to the effective date of the change. You agree to be bound by any changes to these Terms thirty days after they are revised or when you use the Online Services after any such change is posted, whichever is sooner. WI may revise the Online Services at any time without notice.
You grant to WI an irrevocable, worldwide, royalty-free license to any information you provide through the Online Services. You authorize WI to use this information, content, or other information to provide the Online Services, or for other permissible business purposes, at no cost to WI.
The Online Services are provided as is or as available. WI, including any person associated with WI, disclaims all warranties of any kind about Online Services, including relating to their quality, accuracy, or availability.
WI disclaims all warranties of any kind, either expressed or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy with regard to any website owned by a third party to which or from which the site is linked (“Linked Website”). WI does not endorse and is not responsible for the capabilities, quality, content, or reliability of any product or service obtained from a Linked Website. Your use of Linked Websites is at your own risk and subject to the terms for such websites.
Without limiting the foregoing, neither WI nor anyone associated with WI warrants or represents that the Online Services will be accurate, reliable, error-free, timely, secure, complete, available, or uninterrupted or meet your requirements; that defects will be corrected; that the Online Services or the server that makes them available are free of viruses or other harmful components; that the Online Services, including the quality of any products, services, information, or other material, will otherwise meet your needs or expectations; or that any errors will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.
To the extent permitted by law, in no event will WI or its licensors, service providers, employees, officers, directors, or contractors be liable for any damages of any kind, under any theory or law or equity, arising out of or in connection with your use of, or inability to use our Online Services or any Linked Website, including any direct, indirect, incidental, special, consequential, exemplary, or punitive damages.
This limitation of liability includes, without limitation, personal injury, lost profits, goodwill, data, or other losses, costs of obtaining substitute service or lost opportunity, or damages resulting from delay, interruption in service, mechanic or electronic equipment failure, failure of communication lines, telephone, or other interconnects, unauthorized use or access to or alteration of your transmission of data, theft, operational errors, strikes or other labor problems, statements or conduct of anyone on the site, any force majeure event, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in Online Services, whether or not WI has been negligent or been advised of the possibility of any such damages.
Regardless of the limitation of liability disclaimers in this section, if WI is found to be liable, our liability to you or any third party is limited to $100.
Some jurisdictions do not allow the exclusion of certain liabilities; therefore, some of the above exclusions may not apply to you.
You agree not to do any of the following:
Accessing the Online Services from territories where their contents are illegal or unlawful is prohibited.
You agree, at your own expense, to defend, indemnify and hold WI, its third party-service providers, and their officers, directors, and employees, harmless from any claim or demand (including reasonable legal fees) arising out of or relating to your access to, or use of the Online Services. This includes your breach of these Terms, your violation of applicable laws, your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone, or your violation of any rights of any third party. You are solely responsible for your use or access to the Online Services. You are solely responsible for the security and confidentiality of your login credentials, preventing unauthorized access to your information or your use of the Online Services, and all activities that occur under your account.
Your failure to comply with the provisions of this Section may result in the termination of your access to the Online Services and may expose you to civil or criminal liability.
You will not use the names, logos, colors, trademarks, service marks, photographs, trade dress, or other identifying features of WI without obtaining the specific prior written approval of WI and respect WI’s intellectual property rights.
We hereby grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to use the Online Services solely for your personal, non-public, legitimate use purposes related to your role as a current or prospective customer, service provider, or other authorized user of WI Online Services.
If you are using an iOS or Google Chrome version of one of our mobile applications (“App”), this section also applies to you.
You will direct any questions, concerns, or complaints about the App to WI by using the contact information in the “You may contact us with your questions or concerns” Section of these Terms.
We grant you a nonexclusive, nontransferable, limited, and revocable-at-any-time license to access and use the App in accordance with the Apple Media Terms of Service, Google Play Terms of Service, and other applicable terms—as updated from time to time. Apple, Google, and their subsidiaries may be third party beneficiaries of these Terms. They may have the right to enforce the Terms against you. WI may enter into, rescind, or terminate these Terms, vary them, waive them, or settle under these Terms without the consent of any third party.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
From time to time, WI may provide links to Linked Websites from the Online Services. Linked Websites are controlled and operated by third parties, not WI. WI does not endorse, authorize, sponsor, or affiliate with respect to Linked Websites, its owners, sponsors, or providers.
You access the Online Services on your own initiative and own risk. You are responsible for compliance with all applicable laws, including all federal, state, and local laws, and regulations.
WI may terminate these Terms or suspend or limit your account, the Online Services, or use of the Online Services immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you will cease use of the Online Services.
Your access to the Online Services is permitted at WI’s discretion. WI may withdraw, amend, or restrict Online Services without notice.
With respect to any dispute with WI or its licensors, service providers, employees, officers, directors, or contractors, arising out of or relating to your Online Services or these Terms, you hereby (i) give up your right to have a trial by jury; and (ii) give up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving such dispute.
Provisions that by their nature should survive termination of these Terms must survive termination, including without limitation, sections relating to limitation of liabilities, disclaimer of warranties, and indemnities.
These Terms are governed by the laws of the State of Ohio, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms or your use of the Online Services is in the state or federal courts located in Columbus, Ohio. You submit to the jurisdiction of such courts.
Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between WI and you with respect to your access to and use of the Online Services. The Terms replace all prior understandings between us.
If you have any questions or concerns about the Terms, you may contact us at [email protected] or Worthington Industries, Inc., 200 West Old Wilson Bridge Road, Columbus, OH 43085.