Welcome to the website of Markin Tubing, LP (“Markin Tubing,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the website located at www.markin.com (the “Site”), including any information, technical content, documents, quotations, products, services, and other materials made available through the Site.
By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, you should not access or use the Site.
The Site is intended to provide general information regarding Markin Tubing, our products, manufacturing capabilities, and related services. Unless expressly stated otherwise in a written agreement signed by Markin Tubing, nothing contained on the Site constitutes an offer to sell, a binding quotation, engineering advice, or a contractual commitment.
We may update these Terms from time to time to reflect changes in our business, the Site, or applicable law. The most current version will be posted on the Site with the “Last Updated” date shown above. Your continued use of the Site after revised Terms become effective constitutes your acceptance of those revisions.
Permitted Use of the Site
Markin Tubing grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely for lawful business, informational, or educational purposes related to Markin Tubing’s products and services.
You may:
– Access and browse the Site using a standard web browser;
– Download or print individual pages solely for your personal or internal business reference; and
– Contact Markin Tubing through the methods provided on the Site.
Except as expressly permitted by these Terms or with our prior written consent, you may not:
– Copy, reproduce, modify, publish, distribute, or commercially exploit any portion of the Site or its content;
– Use the Site or its content to develop or market competing products or services;
– Remove or alter any copyright, trademark, or proprietary notices;
– Attempt to gain unauthorized access to the Site, its servers, or related systems;
– Introduce malware, malicious code, or other harmful technology;
– Use automated tools, bots, crawlers, or data-scraping technologies to collect information from the Site except as permitted by applicable law or recognized search engine indexing; or
– Use the Site in any manner that could interfere with its operation or security.
Any rights not expressly granted by these Terms are reserved by Markin Tubing.
Intellectual Property Rights
All content available on the Site—including, without limitation, text, photographs, graphics, logos, trademarks, service marks, product descriptions, technical information, drawings, specifications, downloadable materials, page layouts, software, and the overall design and appearance of the Site (collectively, the “Content“)—is owned by or licensed to Markin Tubing and is protected by applicable United States and international intellectual property laws.
The trademarks, logos, service marks, and trade names displayed on the Site are the property of Markin Tubing or their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, trade name, copyright, patent, trade secret, or other intellectual property without the prior written permission of the applicable owner.
Except as expressly permitted in these Terms, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, reverse engineered, incorporated into another work, used to train artificial intelligence or machine learning models, or otherwise exploited for commercial purposes without the prior written consent of Markin Tubing.
Nothing contained on the Site transfers or assigns any ownership interest in the Content or any intellectual property rights to any visitor or user.
Product Information and Website Content
The Site is provided for general informational purposes only. While Markin Tubing strives to keep the information on the Site current and accurate, product descriptions, technical data, specifications, dimensions, coatings, manufacturing capabilities, material characteristics, photographs, illustrations, availability, and other information are subject to change without notice.
Information contained on the Site is intended to provide general information regarding Markin Tubing and its products and services. It is not intended to constitute engineering advice, design recommendations, manufacturing specifications, or a guarantee that any product is suitable for a particular application.
Quotations, pricing, product availability, production schedules, delivery estimates, order acceptance, warranties, and contractual obligations are governed exclusively by written quotations, purchase orders accepted by Markin Tubing, and any applicable written agreements between Markin Tubing and its customers.
Customers remain responsible for evaluating whether a product is appropriate for their intended application and for verifying that all applicable specifications, regulatory requirements, and performance standards are satisfied.
Third-Party Websites and Resources
The Site may contain links to third-party websites, applications, or other resources provided solely for your convenience. Markin Tubing does not own, control, or operate these third-party resources and is not responsible for their content, availability, accuracy, privacy practices, or terms of use.
The inclusion of a link on the Site does not constitute an endorsement, sponsorship, recommendation, or approval of any third party or its products or services.
If you choose to access a third-party website or resource, you do so at your own risk and are subject to the terms, conditions, and privacy policies of that third party.
Privacy and Cookies
Our collection, use, and disclosure of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.
The Site may use cookies, similar technologies, and third-party service providers to operate the Site, improve functionality, analyze website performance, maintain security, and enhance the user experience.
Visitors may manage certain cookie preferences through browser settings or through any cookie preference tools made available on the Site. Disabling certain cookies may affect the functionality of some portions of the Site.
Disclaimer of Warranties
THE SITE AND ALL CONTENT MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
To the fullest extent permitted by applicable law, Markin Tubing disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted availability.
Markin Tubing does not warrant that:
– the Site will operate without interruption or error;
– defects will be corrected;
– the Site or its servers are free from viruses, malware, or other harmful components; or
– information available through the Site will always be complete, current, or error-free.
Nothing contained on the Site creates any warranty regarding Markin Tubing’s products or services. Any warranties applicable to products sold by Markin Tubing are governed exclusively by the written terms of sale, purchase agreement, or other written contract applicable to the transaction.
Limitation of Liability
To the fullest extent permitted by applicable law, Markin Tubing and its owners, partners, officers, directors, employees, agents, affiliates, suppliers, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including without limitation loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, loss of data, or business interruption, arising out of or relating to your access to, use of, or inability to use the Site or its Content, regardless of the theory of liability asserted and even if Markin Tubing has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, Markin Tubing’s liability for any claim arising out of or relating to the Site or these Terms shall be limited to direct damages actually and proximately caused by Markin Tubing’s willful misconduct or gross negligence, where such limitation is permitted by law.
Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Markin Tubing, its partners, officers, directors, employees, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
– your violation of these Terms;
– your unlawful use of the Site;
– your infringement of the intellectual property or other legal rights of any person or entity; or
– any information or materials you submit to Markin Tubing through the Site.
This indemnification obligation shall survive the termination of your use of the Site.
Availability of the Site
Markin Tubing may modify, suspend, discontinue, or restrict access to all or any portion of the Site at any time and without prior notice. We do not guarantee that the Site, or any content or functionality available through the Site, will always be available or operate without interruption.
We reserve the right to correct errors, inaccuracies, or omissions and to update information on the Site at any time without prior notice.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Wyoming County, New York, and each party irrevocably submits to the jurisdiction of those courts.
Nothing contained on the Site is intended to subject Markin Tubing to the laws or jurisdiction of any state or country solely by virtue of making the Site available on the Internet.
General Provisions
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver by Markin Tubing of any provision of these Terms shall constitute a continuing waiver of that provision or any other provision.
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Markin Tubing regarding your use of the Site and supersede all prior or contemporaneous understandings relating to that subject matter.
The section headings contained in these Terms are provided solely for convenience and shall not affect their interpretation.
Contact Information
If you have questions regarding these Terms of Use, please contact:
Markin Tubing, LP
c/o General Counsel
1 Markin Lane
Wyoming, New York 14591
United States
Email: solutions@markin.com
Telephone: (585) 495-6211