LEGAL NOTICE
Agreement between User and https://millenniumracks.com/
Welcome to https://millenniumracks.com/. The https://millenniumracks.com/ website (the "Site") is comprised of various web pages operated by Millennium Steel and Rack Rentals Inc. ("Millennium Racks"). Our website, https://millenniumracks.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://millenniumracks.com/ constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
https://millenniumracks.com/ is an E-Commerce Site.
Millennium Steel and Rack Rentals, Inc. is a manufacturer and distributor of welded steel garment racks. mannequins, and accessories for use as in store displays or to fulfill your basic storage needs.
All notices from Millennium Racks to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Millennium Racks shall be made either by regular mail, sent to the address we provide on our Web site, or first-class mail to our address at: 253 Bond Street, Brooklyn, NY 11217.
Delivery shall be deemed to have been made by You to Millennium Racks five (5) days after the date sent.
COPYRIGHT NOTICE
All content appearing on this Web site is the property of Millennium Racks.
Copyright © 2020 Millennium Racks. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2020 Millennium Racks. All rights reserved.
TRADEMARKS
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Millennium Racks. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Millennium Racks or any third party, except as expressly granted herein.
TERMS OF USE
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Millennium Racks and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Millennium Racks believes that customer conduct violates applicable law or is harmful to the interests of Millennium Racks and its subsidiaries.
Privacy
Your use of https://millenniumracks.com/ is subject to Millennium Racks’ Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Millennium Racks and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Millennium Racks believes that customer conduct violates applicable law or is harmful to the interests of Millennium Racks and its subsidiaries.
Electronic Communications
Visiting https://millenniumracks.com/ or sending emails to Millennium Racks constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Millennium Racks is not responsible for third party access to your account that results from theft or misappropriation of your account. Millennium Racks and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Millennium Racks does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://millenniumracks.com/ only with permission of a parent or guardian.
SHIPPING AND DELIVERY
At this time, Millennium Racks ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, Millennium Racks ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier or picked up by you at our warehouse
INTERNATIONAL
Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Millennium Racks is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.
SALES TAX
Millennium Racks charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.IS THIS CORRECT? DOES MILLENNIUM CHARGE SALES TAX ON WHOLESALE ORDERS?
WARRANTIES
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Millennium Racks makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Millennium Racks SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Millennium Racks BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-- OR Depending on State --
The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Millennium Racks.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Millennium Racks is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Millennium Racks.
The inclusion of material on this server does not imply any endorsement by Millennium Racks, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Millennium Racks tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
RETURN POLICY
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Millennium Racks reserves the right to change its payment procedures at any time without prior notice to you.
MISCELLANEOUS
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Millennium Racks and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW:
In the event of litigation both parties agree that the Law of the State of business registration of Millennium Racks shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS:The Terms and Conditions constitute the entire agreement between you and Millennium Racks with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Millennium Racks with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Millennium Racks. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Links to Third Party Sites/Third Party Services
https://millenniumracks.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Millennium Racks and Millennium Racks is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Millennium Racks is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Millennium Racks of the site or any association with its operators.
Certain services made available via https://millenniumracks.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://millenniumracks.com/ domain, you hereby acknowledge and consent that Millennium Racks may share such information and data with any third party with whom Millennium Racks has a contractual relationship to provide the requested product, service or functionality on behalf of https://millenniumracks.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://millenniumracks.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Millennium Racks that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Millennium Racks or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Millennium Racks content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Millennium Racks and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Millennium Racks or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Millennium Racks from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Millennium Racks Content accessed through https://millenniumracks.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Millennium Racks, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Millennium Racks reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Millennium Racks in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Millennium Racks agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MILLENNIUM STEEL AND RACK RENTALS INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MILLENNIUM STEEL AND RACK RENTALS INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MILLENNIUM STEEL AND RACK RENTALS INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MILLENNIUM STEEL AND RACK RENTALS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MILLENNIUM STEEL AND RACK RENTALS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Millennium Racks reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Millennium Racks as a result of this agreement or use of the Site. Millennium Racks’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Millennium Racks’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Millennium Racks with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Millennium Racks with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Millennium Racks with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Millennium Racks reserves the right, in its sole discretion, to change the Terms under which https://millenniumracks.com/ is offered. The most current version of the Terms will supersede all previous versions. Millennium Racks encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Millennium Racks welcomes your questions or comments regarding the Terms:
Millennium Steel and Rack Rentals Inc.
253 Bond Street
Brooklyn, New York 11217
Email Address:
Telephone number:
718-965-4736
Effective as of January 01, 2021