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
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
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
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
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.
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.
http://www.metalbuilding.com/legal/privacy.html. We may change our
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.