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User Agreement.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH METALBUILDING.COM OFFERS YOU ACCESS TO OUR SERVICES.

This Agreement describes the terms and conditions applicable to your use of our services at METALBUILDING.COM. 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 Winter Park Studios, Inc.

1. 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.COM members.

2. Fees and Services. 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. Refunds are not available for Metworker Pro accounts after a user has logged into the system.

METALBUILDING.COM is only a venue.

3. 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.

4. Safe Trading. Because user authentication on the Internet is difficult, METALBUILDING.COM 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 construction contract.

5. 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.COM and Winter Park Studios, Inc. (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.

6. 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.

7. Fraud. Without limiting any other remedies, METALBUILDING.COM 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.

8. Your Information. "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information: Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services. Furthermore, you may not solicit bids for any item on our site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation. Solely to enable METALBUILDING.COM to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. METALBUILDING.COM and Winter Park Studios, Inc. will only use Your Information in accordance with our Privacy Policy.

9. 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.COM site or any process 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.COM and/or Winter Park Studios, Inc. 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.COM, Winter Park Studios, Inc. or the appropriate third party.

10. Message Posting. You may not take any actions that may undermine the integrity of the feedback, comments, classifieds or other user updateable systems.

11. Import. We do not provide the technical ability to allow you to import data from other websites to METALBUILDING.COM.

12. 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; or (d) we feel it is in the best interests of MetalBuilding.com, Winter Park Studios, Inc. or the community of users at MetalBuilding.com to do so.

13. Privacy. Our current Privacy Policy is available at http://www.metalbuilding.com/privacy.html.

14. 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.

15. 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.

16. 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.

17. 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.

18. No Agency. You and METALBUILDING.COM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

19. Notices. Except as explicitly stated otherwise, any notices shall be given by postal mail to Winter Park Studios, Inc. Attn: Legal Department 1231B Kindel Avenue, Winter Park, FL 32789 (in the case of METALBUILDING.COM) or to the email address you provide to METALBUILDING.COM 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.COM during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

20. 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.COM may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, Florida necessary to protect the rights or property of you or METALBUILDING.COM pending the completion of arbitration.

22. Additional Terms. There are no additional terms at this time.

23. Our Privacy Policy is available at http://www.metalbuilding.com/legal/privacy.html. We may change our Privacy Policy from time to time and our changes are effective immediately after posting.

24. We may change the Classified Ads Policy from time to time and our changes are effective immediately upon posting. All classified ads will be reviewed for general content only. We reserve the right to reject any classified submission at any time for any reason. We make no warranties of any kind for any of the listings contained in our Classifieds. Our Classifieds are provided as a venue for the benefit and advancement of the Metal Building industry. Buyers using the services of any business in our Classifieds should follow safe, normal business practices before making transactions.

25. 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. When dealing with any legal matter, do not rely on these materials without first obtaining professional advice about your particular situation and facts.

The owners of this website and providers of advice in "Ask the Experts" do not guarantee the accuracy of any information available through these articles or the links that are found on this website. Nothing contained on this website should be construed to constitute a recommendation or endorsement of any product, service, site, or professional advisor. This website, its written materials, and its links are provided as a matter of convenience to the public and for informational purposes only.

26. Disclosures. The services hereunder are offered by Winter Park Studios, Inc. located at 1231B Kindel Ave., Winter Park, FL 32789. If you are a Florida resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.


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