The following describes the terms on which METALBUILDING.NET offers you access to our services. Welcome to the METALBUILDING.NET Users Agreement. This Agreement describes the terms and conditions applicable to your use of our services at MBN-METALBUILDING.NET. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and MBN. This agreement was last revised on January 3, 1999.
- Membership Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended METALBUILDNG.NET members.
- Fees and Services. Soliciting bids, receiving bid requests and placing classified ads on METALBUILDING.NET is currently free of charge. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
- METALBUILDING.NET is only a Venue.
- Overview. Our site acts as the venue for buyers to request quotations and sellers to submit bids. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the solicitations, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
- Safe Trading. Because user authentication on the Internet is difficult, METALBUILDING.NET cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. We also encourage all buyers and sellers to obtain legal counsel prior to entering into any contract.
- Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release METALBUILDING.NET and MBN. (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
- Fraud. Without limiting any other remedies, METALBUILDING.NET may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site. a. Manipulation. Neither bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
- Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the METALBUILDING.NET site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to METALBUILDING.NET by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of METALBUILDING.NET or the appropriate third party.
- Feedback. You may not take any actions that may undermine the integrity of the feedback system.
- Export. You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by METALBUILDING.NET, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating commerce between METALBUILDING.NET users, you agree that you shall not market or export your METALBUILDING.NET feedback rating in any venue other than METALBUILDING.NET.
- Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
- No Warranty. WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
- Liability Limit. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- Indemnity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Legal Compliance. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
- No Agency. You and METALBUILDING.NET are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to MBN Attn: Legal Department 8757 Ashworth Dr., Tampa, FL 33647 (in the case of METALBUILDING.NET) or to the email address you provide to METALBUILDING.NET during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to METALBUILDING.NET during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or METALBUILDING.NET may seek any interim or preliminary relief from a court of competent jurisdiction in Hillsborough County, Florida necessary to protect the rights or property of you or METALBUILDING.NET pending the completion of arbitration.
- Additional Terms. The following documents are incorporated by reference:
- We may change the Ads Policy from time to time and our changes are effective immediately upon posting into this User Agreement. All classified ads will be reviewed for authenticity, relativity and other factors. We reserve the right to reject any submission to the METALBUILDING.NET SITE at any time for any reason. We make no warranties of any kind for any of the listings contained on our site. Our ads are provided as a venue for the benefit and advancement of the Metal Building industry.
- General. This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
- This website is provided purely for educational and informational purposes only. The information herein is provided in good faith, however, the information herein is not intended to be, and should not be relied on as legal advice. Applicability and legality of principles referred to on this website may differ substantially in individual situations and different states.