Terms and Conditions
Please review these terms and conditions of use (the “Terms and Conditions”) carefully before using MetalBuildingShop.com (the “Site”). By using the site, you accept and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site. You may only use the Site if you are domiciled in the United States and you are 18 years old or older.
1. Services Available on the Site: The Site provides general information and/or referrals that may be useful to our visitors. The service provided by the Site is for general educational, informational, and research purposes only and is not an endorsement, recommendation, or guarantee of any service, product, or professional. No advice or information, whether oral or written, obtained by you from MetalBuildingShop.com shall create any warranty of any kind.
MetalBuildingShop.com is not involved in any transactions between individuals visiting the Site (“Users”) and the businesses or individuals who may receive referrals as a result of information provided by Users on the Site (“Business(es)”). In using MetalBuildingShop.com, you acknowledge that MetalBuildingShop.com is not acting as your agent or advisor. It is your sole responsibility to evaluate and select any Businesses that you intend to hire. MetalBuildingShop.com does not recommend or endorse any specific product or service provider. MetalBuildingShop.com has no control over the quality or legality of any products or services provided to the Users or the quality or suitability of a given Business for a given User. MetalBuildingShop.com receives a fee from Businesses listed in the service.
2. Information Provided by the Site: The materials provided by the Site are for convenience and information only. MetalBuildingShop.com may post advertisements of third parties on this Site or in email communications. The acceptance by MetalBuildingShop.com of advertising is not intended as and does not in any manner constitute a recommendation, endorsement, or approval by MetalBuildingShop.com. MetalBuildingShop.com shall not be liable for any loss or damage of any sort incurred as a result of any dealings with any advertiser or as the result of the presence of such advertisers on the Site.
5. Proprietary Rights: Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial use or exploitation of the Site is strictly prohibited. You are hereby granted a limited royalty-free personal license to view the content on the Site on your personal computer or other internet-compatible device and make a single copy or print of the content on the Site for your personal, non-commercial use only. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, layout, functions, appearance, data or other materials on the Site. If you make any other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. We do not grant any license or authorization to any user of our trade names, trademarks, service marks or other marks or logos without our separate express written agreement. All rights not expressly granted herein are reserved.
Third-party marks referenced on the Site are the property of their respective owners and are being used on the Site to refer to the third-party mark owners and their relevant products and services. Such usage does not imply endorsement of the Site by any such third-party mark owners.
6. User Conduct: You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are untruthful, unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, copy, reproduce, frame, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes; (c) modify, translate into any language or computer language, or create derivative works from, any part of this Site; (d) reverse engineer any part of the Site; (e) sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties; (f) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other prohibited or inappropriate activity via the Site; (g) attempt to gain unauthorized access to other computer systems through the Site, or (h) use or access the Site in any way that, in our sole discretion, adversely affects the performance or function of the Site or any other computer systems or networks used by us or the Site, or infringes on our copyright or any copyright of our Providers.
7. Children: The Site should not be used by children under the age of 18. The Site is directed at adults and by using the system you are affirming that you are 18 years of age or older.
8. Updates: We reserve the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the Site. From time to time, we may revise the Site and the Terms and Conditions. Continued access to and use of the Site constitutes acceptance of such subsequent modifications the Terms and Conditions.
9. DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, INFORMATION, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
10. LIMITATION OF LIABILITY; INDEMNITY: IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE PROPRIETOR HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF, BASED ON OR IN CONNECTION WITH YOUR ACCESS AND/OR USE OF THE SITE OR, IF APPLICABLE, THIRD-PARTY USE OF YOUR PASSWORD FOR THE SITE.
11. Applicable Laws: We control and operate this Site from our offices in the United States of America. We endeavor to operate the Site system in conformance with the laws of Texas and the United States of America. We do not represent that the Site is appropriate or available for use in any specific location. Access to the Site from locations where its use or contents are illegal is prohibited. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. Term and Termination: These Terms and Conditions shall remain in full force and effect during such periods of time during which we are providing you with access to the Site. Upon expiration or termination of the Terms and Conditions, you agree that your access to and use of the Site will be automatically terminated. Upon termination, both parties are relieved of any further obligations contained in the Terms and Conditions except for those that by their nature survive or may require performance after termination, specifically, but not limited to, indemnity and limitation of liability.
13. Miscellaneous: The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Houston, Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Houston, Texas in all disputes arising out of or relating to the use of this site. You agree to submit to the personal and exclusive jurisdiction of the court located within Houston, Texas and you waive the right to claim that jurisdiction is inappropriate or inconvenient. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. If we are required to bring any action or suit to enforce your obligations hereunder or to pursue any remedies we may have for your violation of the Terms and Conditions, we shall be entitled to recover from you, in addition to any other rights and remedies we may have, all reasonable expenses and attorneys’ fees for such suit and/or enforcement. You may not assign the Terms and Conditions or delegate any right hereunder without our prior written consent.