 |
|
| MetalSuppliersOnline, LLC
|
|
| Terms and Conditions |
|
MetalSuppliersOnline, LLC
(the "Company") will give an approved business or
individual (individually a "User" and collectively
"Users") access to this web site ("Site"), which
access shall be subject to the following terms and
conditions contained herein (this "User Agreement").
As a condition of using the Company's Site, each User
agrees to review and accept each of the terms and
conditions of this User Agreement. BY REGISTERING TO
USE THE COMPANY'S SITE, YOU ACCEPT AND AGREE TO EACH
OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT AGREE TO ACCEPT EACH AND ALL OF THE FOLLOWING
TERMS AND CONDITIONS, DO NOT USE THIS SITE.
|
|
| Description of Site and Levels of Access |
| Users of this Site can qualify for three distinct
levels or categories of access. The most basic category
of access is given to Users who are classified as
"Viewers," and who are given the privilege to use our
Community and Research Sections. To become a Viewer, an
applicant is required to fill out truthfully and
accurately the biographical information and contact
information set forth in the Company's registration
application ( the "Registration Application"). The
second category of access is given to Users who are
classified as "Buyers," and who are given the privileges
of a Buyer when using the MetalSuppliersOnline Excess
Stock Room (the "Excess Stock Room") and the MetalSuppliersOnline
Exchange (the "Exchange"). To become a Buyer, an applicant is required
to fill out truthfully and accurately the information requested of
Buyers in the Registration Application. The third category of
access is given to Users who are classified as "Suppliers." Suppliers,
in turn, are given two distinct levels of access. The first level of
Supplier access allows a Supplier to post information in the Excess
Stock Room concerning excess inventory or supplies, and to solicit
offers from Buyers concerning such product. The second level of
Supplier access allows a Supplier not only the privileges of the
first level of Supplier access, but also the privilege to receive
and respond to requests for quotations ("RFQs") from Buyers and to
participate in live negotiation or transaction events ("Negotiations
or Transactions") within the Exchange. To become a Supplier, and to
apply for the desired level of Supplier access, an applicant is
required to fill out truthfully and accurately the information
requested of Suppliers in the Registration Application. |
|
MetalSuppliersOnline.com is Only A Venue |
MetalSuppliersOnline.com is merely a venue for registered
Users to communicate, gather information and participate in the online
commercial transactions described herein, including the Excess Stock
Room and Exchange. The Site and the Company's sole purpose is to
facilitate the commercial communications process and provide an
efficient resource for research, communication and commerce within
the metals industry. The Site and the Company does not guarantee and
disclaims any liability with respect to the accuracy of any information
provided by Suppliers with respect to quality, condition, documentation
or ownership of the items advertised for sale on its Site or the accuracy
of any other information provided by Users in connection with any aspect
of the Site. The Company does not guarantee any individual Supplier's or
Buyer's ability to complete transactions using the Excess Supply Room or
the Exchange and makes no representation regarding the identity, creditworthiness,
or performance of any User. Each User is encouraged to evaluate carefully
the credit and business rating of every other User with whom transactions
are contemplated, including the D-U-N-S number provided by a User to assess
its creditworthiness. Any and all disputes between Buyers and Suppliers at
any time during or after the negotiation and or consummation of a transaction
in which Metal Suppliers Online facilitated the occurrence of that negotiation
or transaction are to be resolved directly between the parties in accordance
with their respective policies on such matters. |
|
| Registration Application |
|
Every person that wishes to become a User and have one or more of the
recognized levels of access must first fully and accurately complete
the applicable sections of the Company's Registration Application. Upon
submission of a completed Registration Application, each User agrees to
accept each and every one of the terms and conditions of this User
Agreement. The Company reserves the right to review and verify the
information provided in an applicant's Registration Application and to
limit, postpone or reject the application for any reason, including not
meeting the Company's required qualifications as set forth below. Each
User understands that, until its Registration Application has been approved,
it will not have access to the Site. The Company reserves the right, in its
sole discretion, to review each User's status and compliance with the terms
of the User Agreement and to suspend or terminate a User's privilege to
access the Site at any time without notice.
|
|
| User Qualification and Access |
|
User qualifications and the appropriate level of access will
be determined in the sole and absolute discretion of the Company. The qualifications
will be based on an individual's or company's business and financial status, as well
as verification that each User is "in the business" of buying and/or selling the items
listed in their approved category. The Company will determine each User's approved
category based on each User's qualifications. User qualification and category access
will be based on many factors, including but not limited to the following: whether the
User is a Buyer or Supplier, geographic or other Supplier imposed restrictions, type of
product, etc. Each User will be required to stay within its approved category and not
to deviate from any restrictions imposed on such category. Any deviation from the
restrictions imposed on the approved category will be grounds for automatic termination
of access to the Site.
|
|
| User Password |
| Each User creates their username and password and is solely responsible for its
confidentiality. User agrees not to furnish User name, Password or other information
to any other party for any use of the Company's Site. User agrees to notify the Company
immediately of any unauthorized use of User's personal Password, User name or other
information. |
|
| User Information |
| Each User agrees and warrants that all of the information provided in its
Registration Application is true and correct, including, but not limited to,
the User's legal name, address, phone number, fax number, e-mail address and
other personal and business information. User agrees to promptly update any
information provided in its Registration Application if such information subsequently
changes. User understands that all information provided by User will be maintained by the
Company as confidential per the terms of our
Privacy Policy. User understands that it is solely responsible for providing accurate and
complete information and that it will be liable to the Company and/or to other Users
if it knowingly or negligently provides false information.
|
|
| Single-User License |
| Metal Suppliers Online subscribers who are approved as Users are granted a revocable, non-exclusive, non-transferable limited right to
access the Site. Approval of an individual as a User grants the individual User a single-
person (i.e. “single-user” or “single-seat”) license to use the service provided by the
Company through the Site in accordance with the terms of this Agreement. Only the
individual approved User may access the Site using his/her granted access information.
A licensed User shall not knowingly permit anyone else to access the Site, use the User’s
login information to access the Site, or use the User’s license to access the Site.
Businesses or entities participating in the Metal Buyer Advantage (“MBA”) program
must still register individual Users and pay for a single-user license for each such User.
Participation in the MBA program does not expand the terms of this license or convert
that license into a multi-seat or multiple-user license. The licenses granted to Users
under the MBA program are still considered single-user /single-seat licenses that are not
to be shared among multiple individuals working for an MBA participant. Furthermore,
licensees may not (i) modify, adapt, or otherwise create derivative works from the Site or
any services provided by the Company; (ii) lease, sublicense, sell, rent, loan, redistribute,
or otherwise transfer, whether for commercial purposes or otherwise, access to the Site or
any aspect of the services provided by the Company; (iii) use the Site to develop a
competing service; (iv) use the Site or the license to collect or harvest any third party’s
information or send unauthorized commercial communications to other Users or any
other person or entity; or (v) use the Site for any unlawful purpose, or in any manner that
breaches this Agreement. All rights not expressly granted to the Licensee under this
Agreement are hereby reserved for the Company and you will not acquire such rights
through estoppel, implication, or otherwise.
|
|
| User Conduct and Behavior |
| Each User who uses the Company's Site represents, warrants and agrees that it will not: |
- falsify or misrepresent any personal or business information regarding
its identity or intentions with respect to any matter, at any time,
while using this site or in subsequent communications between parties
that may result as an outcome of one party's use of this Site;
- post, publish, transmit, distribute, or upload any information through the Site that the Company, in its sole and absolute discretion, deems unlawful, obscene, derogatory, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable;
- post, publish, transmit, distribute, or upload any information through the Site that contains a virus, or any other harmful software code or programming routine;
- post, publish, transmit, distribute, or upload any information through the Site that is unlawful, fraudulent, or otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, including without limitation any export laws and regulations;
- post, publish, transmit, distribute, or upload any information through the Site that violates any copyright, trademark or any other proprietary intellectual property rights of others, unless the User has obtained permission from such owner;
- post, publish, transmit, distribute, or upload through the Site any bulk e-mail solicitations, chain letters, solicitations, advertisements, pyramid schemes or any other unsolicited communication, including, without limitation, spamming the Company's Users;
- use, reproduce, distribute, publish or communicate any information obtained from the Site, including any transaction activity or listings, for any commercial reason, unless such activity has been expressly approved by the Company;
- manipulate the price of any Transaction on the Company's Site, directly or indirectly, by shill bidding (bidding or posing as another party to affect the price in it own negotiations) or by submitting or encouraging the submission of false bids or postings under another name or through another agent, representative, employee, advisor or affiliate.
|
|
| Supplier Conduct and Behavior |
| Each User who applies for and is categorized as a Supplier,
and who thereafter uses the Company's Site to sell merchandise of
any kind, represents, warrants and agrees to the following: |
- Suppliers will not be charged any listing fees or sales commissions on
non-excess items sold by Suppliers to our Users. Excess items are those
items that are listed and marketed explicitly via the Excess Stock Room.
-
Suppliers are not in any way restricted from contacting Buyers directly. Although it
is preferable to the buyers and Company that the Supplier utilize ths Site
to highest and utmost use as a communications service and information management
tool, Suppliers are in no way required to use this Site exclusively for the
purposes of conducting commercial activity as a result of inquiries and RFQs
generated from this Site. A Supplier who receives an RFQ from a Buyer is
encouraged to respond, and a consistent failure to respond to RFQs can lead
the Company, in its sole and absolute discretion, to take away the Supplier's
privileges of access to the Site.
-
Listing Information in Excess Stock Room. Supplier is solely responsible
for the accuracy, completeness and validity of all information describing
the item listed for sale in the Excess Stock Room (the "Listing Information").
A Supplier who post merchandise for sale in the Excess Stock Room represents
and warrants that it is the lawful owner of all listed property, and has good
and valid title to transfer or convey the same. Each Supplier represents and
warrants that all Listing Information provided is accurate and truthful
regarding the type, quantity, quality, condition, and the availability of
documentation concerning the property posted by the Supplier on the Site.
Supplier understands and agrees that the Company, at its sole discretion,
may take any action it deems necessary to review, edit or remove any Listing
Information provided with respect to any item posted by a Supplier.
- No Unlawful Items. Supplier agrees that it will not attempt to sell any
illegal items of any kind through the Site. This may include, but not be
limited to radioactive materials or controlled substances such as material
prohibited for sale by the US government.
-
Good Faith Negotiations and Transactions. All negotiations or transactions in
which a Supplier participates require that the Supplier participate in good
faith and adheres to the highest professional standards and etiquette. The
Company reserves the sole and exclusive right to monitor the performance of
each Supplier and solicit the feedback of Buyers to maintain the integrity of
this Site and its activities. The Company, at its sole and complete discretion,
may terminate the access to this Site by Suppliers who the Company deems are
not adhering to the professional standards and spirit of this Site as defined
solely by the Company on a case-by-case basis.
-
No Listing Fees. A Supplier does not have to pay any fees to the Company
in order to list items for sale in the Excess Stock Room.
- Transaction fees for the Excess Stock Room. Metal Suppliers Online charges a 5% sales commission fee, payable by the seller to MSO at the time of sale.
- Ratings for Excess Stock Room. A key factor to the success of the Excess
Stock Room is to assure that materials listed in the Excess Stock Room are
in fact available. A Supplier who lists material for sale in the Excess Stock
Room may be deemed not in good standing if the Supplier lists material in the
Excess Stock Room that is not available when a Buyer solicits the material.
The Company will maintain a rating of Suppliers who use the Excess Stock Room
to alert Buyers concerning the history of each Supplier and, in particular,
whether such Supplier has listed materials and then failed to consummate a
transaction. The Company reserves the right, in its sole and absolute discretion,
to terminate the privileges of a Supplier to use the Site if the Supplier fails
to complete a sale after listing materials for sale in the Excess Stock Room.
- Title Transfers to be Negotiated Between Buyer and Supplier. Buyer and Supplier
are jointly responsible for negotiating delivery terms, including when title passes,
the party bearing the costs of delivery, and so forth, and the Company is expressly
indemnified and held harmless by the parties from any such liabilities. The parties
may, at their sole and absolute discretion, elect to use Freightquote.com to arrange
for delivery or forwarding of materials, but the Company has no relationship with
Freightquote.com, other than to allow easy access by Buyers and Suppliers to their
services, and the Company disclaims all responsibility and liability for the performance
of Freightquote.com.
- Company is Not a Party to Transactions; Fees Are Due On Agreement. The Company
is not a party to transactions completed between Buyer and Supplier, and the payment
and collection of funds is entirely the responsibility of the parties to the transaction.
|
|
| Buyer Conduct and Behavior |
| Each User\s who applies for and is categorized as a Buyer, and who thereafter use
the Company's Site to buy or purchase merchandise of any kind, represents, warrants
and agrees as follows: |
- Representation of Capacity and Intent. Buyer, by bidding on any posted
item in the Excess Stock Room or by sending an RFQ for any item is
representing Buyer's intention and financial capability to purchase
that item.
- Good Faith Negotiations and Transactions. All inquires made by Buyers,
or negotiations or transactions in which a Buyer participates require that
the Buyer participate in good faith and adheres to the highest professional
standards and etiquette. The Company reserves the sole and exclusive right to
monitor the performance of each Buyer and solicit the feedback of Suppliers
to maintain the integrity of this Site and its activities. The Company, at
its sole and complete discretion, may terminate the access to this Site by
Buyers who the Company deems are not adhering to the professional standards
and spirit of this Site as defined solely by the Company on a case-by-case basis.
- Buyer Observe Confidentiality. Buyer's are expected to adhere to any confidentiality
or geographic selling restrictions imposed by Supplier.
- Buyer Must Use Its Registered Name. Buyer may not participate on the
Company's Site by any other name than that provided in the Buyer's
Registration Application.
- Buyers are requested to update the information regarding RFQs initiated on this
Site. This Site is designed to provide a powerful resource to both Suppliers and
Buyers and Buyers are expected to provide feedback on RFQ's, Negotiations or
Transactions initiated within either the Excess Stock Room or the Exchange to
Suppliers via the mechanisms provided within the site. It is the company's belief
that both buyer and seller benefit from the efficiencies of electronic communications
and commerce. The company's goal is to replicate, in an on-line venue, the requests,
offers, and instructions that are typically exchanged between buyer and seller offline.
The Company may from time to time review the performance of Buyers in providing
Suppliers feedback and notify Buyer of lapses in this regard. Chronic failure to
provide Suppliers feedback could result in the suspension of access to the Site
and its privileges until such a time as the Buyer had remedied the problem.
- Title Transfers to be Negotiated Between Buyer and Supplier. Buyer
and Supplier are jointly responsible for negotiating delivery terms,
including when title passes, the party bearing the costs of delivery,
and so forth, and the Company is expressly indemnified and held harmless
by the parties from any such liabilities. The parties may, at their sole
and absolute discretion, elect to use Freightquote.com to arrange for
delivery or forwarding of materials, but the Company has no relationship
with Freightquote.com, other than to allow easy access by Buyers and
Suppliers to their services, and the Company disclaims all responsibility
and liability for the performance of Freightquote.com.
- Company is Not a Party to Transactions; Fees Are Due On Agreement. The Company
is not a party to transactions completed between Buyer and Supplier, and the payment
and collection of funds is entirely the responsibility of the parties to the transaction.
|
|
| Sharing of Supplier Inquiries and Information Requests |
| Metal Suppliers Online reserves the right to share any request for quotation, literature or information with any supplier it so chooses at it's sole discretion. |
|
| Payment of Fees |
| All fees and other amounts payable pursuant to this User Agreement shall be paid
in United States dollars, free and clear of, and without deduction or withholding on
account of, taxes of any kind. |
|
| Changes or Specialized Modifications to this User Agreement |
| The Company may, at its sole and absolute discretion, modify or change any
aspect of this User Agreement at any time, in whole or in part and without prior
notice to Users, by posting any modifications to its User Agreement on its Site.
Users agree to periodically review, and in all events to review at least once per
month, the terms and conditions of this User Agreement to remain aware of any such
modifications. The User's continued use of the Company's Site after any such
modifications or changes are posted will constitute its acceptance of any modifications
to the modified User Agreement. The Company reserves the right to modify this User
Agreement, as it applies to any specific User, to grant special or unique modifications
to a specific User, provided that any and all such special modifications must be in
writing between the Company and the applicable User. Any specialized modifications
so made shall apply only the User that is a party to such written agreement. |
|
| Modification of RFQ Inquiries, and Excess Stock Room Listings By the Company |
| The Company has no obligation, but reserves the right, in its sole and absolute
discretion, to screen RFQs and to adjust or remove, in whole or in part, RFQs based on
the Company's assessment of the appropriateness of the inquiry for selected Suppliers.
The Company will not edit information pertaining to any items or materials listed in
the Excess Stock Room except, and only, to reflect partial quantity sales of material
sold in the Excess Stock Room. Suppliers of excess inventory are responsible for
informing the Company, or where possible modifying the information directly, regarding
the availability of excess material listed in the Excess Stock Room. The Company may,
at it sole and absolute discretion, edit information provided by Users to comply with
all the terms and conditions of this User Agreement. |
|
| Supervision |
| The Company reserves the right to supervise all material, content and
information on its Site, including, but not limited to, Excess Stock Room
activity, Exchange event activity, User registration data, product and
supplier search activity, supplier's product capabilities, Buyer and Supplier
performance assessment data, material property data, utilities and member
information features (refer inquiries to memberinfo@MetalSuppliersOnline.com)
to determine compliance with the terms and conditions of this User Agreement
and all current and future operating procedures and rules of conduct established
by the Company. The Company reserves the right, at its sole and absolute discretion,
to amend, edit, remove or otherwise block any material posted by a User which
may violate any state, federal or local law or violate any aspect of this User
Agreement. However, the Company does not assume responsibility for verifying the
material, content and information on its Site and is not responsible for any
damages, losses, expenses or other injuries incurred by any User as a result
of relying on any material, content and information posted on the Company's Site.
Users agree to indemnify and hold harmless the Company from any damages, losses,
expenses or other injuries incurred by any User as a result of using any aspect
of the Company's Site, Excess Stock Room and Exchange. |
|
| Interruption of Service |
| User understands that the Company shall take all commercially
reasonable efforts to make its Site available, including the Exchange and the
Excess Stock Room. However, the User agrees that the Company is not responsible
for any damages or losses related to any system errors or interruptions
affecting its Site and the processing of any online transactions. User
understands that the Site may be unavailable unexpectedly as a result of
circumstances beyond the Company's control. |
|
| Changes to Site |
| The Company reserves the right, in its sole and absolute discretion,
to modify, suspend or terminate any aspect of its Site, including but not
limited to its Excess Stock Room or its Exchange, without notice, including,
but not limited to, changes in content, features, functionality, news and
information, and product categories. |
|
| Links To Third Parties' Web Sites |
| This Site may contain links and pointers to Internet sites maintained
by third parties. The Company does not operate or control in any respect
any information, products or services on such third-party sites. Third
party links and pointers are included solely for the convenience of Users,
and do not constitute any endorsement by the Company. User assumes sole
responsibility for use of third party links and pointers. Unless another
party has entered into a written agreement with the Company, a party may
only provide a hypertext link to the Site on another web site, and only if
such hyperlink complies with all of the following conditions: 1) the link
must be a text-only link clearly marked as "www.metalsuppliersonline.com";
2) the link must "point" to the URL "http://www.metalsuppliersonline.com"
and not to any other pages within the site; 3) the link, when activated by
a user, must display the Site full-screen and not with a "frame" on the
linking web site; and 4) the appearance, position and other aspects of the
link must not be such as to damage or dilute the goodwill associated with
the name and trademarks of the Company and the Site and must not create the
false appearance that the Company or the Site is associated with the linking
web site. The Company reserves the right to selectively revoke its consent
to any link at any time in the Company's sole and absolute discretion. |
|
| Record Keeping |
| The Company cannot guarantee the preservation or maintenance of records
relating to historical Excess Stock Room or Exchange transactions and bidding
activity and encourages Users to keep individual records and an accounting of
all activity conducted through the Excess Stock Room or Exchange. |
|
| Taxes |
| Users acknowledge and agree that the Company does not have any responsibility
to report, calculate, determine or anticipate the payment of any taxes that may be
assessed or owed by any User in connection with the use of the Company's Site and
Excess Stock room or Exchange activities. Users understand and agree that they are
solely responsible for the calculation and payment of any taxes which may be incurred
as a result of using the Excess Stock Room or Exchange. |
|
| No Agency |
| The relationship between a User and the Company is that of an independent
contractor. No agency, partnership, joint venture or franchise
relationship is implied, intended or created by the terms and conditions
of this User Agreement. |
|
| Notice and Communication |
| All notice and communication with User shall be provided by e-mail to the
e-mail address provided by the User in the Registration Application. Notice
shall be deemed to have been provided 24 hours after the e-mail is transmitted
by the Company. If the Company receives a message that the User's e-mail is
disconnected or is no longer valid, notice shall be deemed to have been provided
72 hours following the mailing of a letter to the User's address contained in their
Registration Application. |
|
| Indemnification |
| Users agree to indemnify and hold harmless the Company's directors,
officers, employees and agents to the fullest extent lawful against any
and all damages, claims, liabilities, costs and expenses incurred
(including all reasonable fees and disbursements of counsel and all reasonable
travel and other out-of-pocket expenses incurred in connection with investigation
of, preparation for and defense of any pending or threatened claim and any
litigation or other proceeding arising there from, whether or not in connection
with pending or threatened litigation in which the Company or any other
indemnified person is a party), including but not limited to actual and
consequential damages, as a consequence of using the Site. |
|
| Jurisdiction and Arbitration |
| This User Agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts without regard to the conflicts
of law provisions thereof. User agrees that, in the event of any claim or
dispute between the User and the Company, any and all such claims and disputes
shall be the subject of a binding arbitration to be held in Boston, Massachusetts
before an arbitrator selected by the American Arbitration Association and subject
to the rules of the American Arbitration Association. The User and the Company
shall bear equally the costs of any such arbitration. |
|
| Severability |
| If any provision of this User Agreement is held by a
court of competent jurisdiction to be invalid or
unenforceable, then such provision shall be enforced
to the maximum extent permissible and the remainder of
this User Agreement shall continue in full force and
effect. |
|
| Termination |
| The terms and conditions of this User Agreement constitute a
binding agreement between the Company and each User until terminated
by the User or by the Company. The Company may at any time, in its sole
and absolute discretion, terminate a User's access to the Site without
notice and for any reason or no reason. Users may discontinue their use
of the Site at any time and notify the Company of termination of User's
status as a registered User. |
|
| Limitation of Liability |
| In no event shall the Company's total liability to a User for
all damages, losses and causes of action (whether in contract or in tort)
exceed the amount of fees paid by the User to the Company in connection
with the disputed item. |
|
| Intellectual Property |
| MetalSuppliersOnline.com and all images, graphics, software and content on
the Site, including but not limited to the Excess Stock Room and Exchange
portions of the Site, (collectively the "Intellectual Property") is and are
the sole and exclusive property of the Company, unless otherwise stated, and
may not be used without the prior written consent of the Company. All Intellectual
Property available at this Site is the exclusive property of the Company. This
Intellectual Property, including without limitation all HTML code, active server
pages (ASP), XML code, and compilations of meta tag key words, supplier data,
material property data, specification and trade name data, and all similar compiled
data, is exclusively owned by the Company, and is and shall, to the maximum extent
possible, be protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Intellectual Property is expressly prohibited
by this agreement and breaches will be pursued by legal action. To the extent this
Intellectual Property is also covered by copyright law, violators are given notice
that any such violations may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible. Users shall have no
right to this Intellectual Property or unique ideas found on the Site. COPYING OR
REPRODUCTION OF THE INTELLECTUAL PROPERFTY, INCLUDING BUT NOT LIMITED TO SOFTWARE,
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED.
|
|
| DISCLAIMER OF WARRANTIES |
| THE COMPANY PROVIDES THE SITE AND ALL RELATED INFORMATION AND
SERVICES "AS IS, WHERE IS" AND WITHOUT ANY WARRANTY OR CONDITION OF
ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WITHOUT LIMITING THE
FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED
BY A USER, WHETHER ORALLY OR IN WRITING, FROM THE COMPANY SHALL
CREATE ANY EXPRESSED OR IMPLIED WARRANTY BY THE COMPANY. USERS ARE
INSTRUCTED TO USE THE COMPANY'S SITE AND SERVICE AT THEIR OWN RISK. |
|
| Entire Agreement |
| This User Agreement constitutes the entire agreement between the User
and the Company, is deemed newly executed each time the User accesses the
Site, and each such new execution of this User Agreement shall supersede
any and all previous agreements between User and the Company. |
|
|
| |
|
|