Terms and Conditions
We want to thank you for using Metal Building Shopper. Access to, and use of, the Metal Building Shopper website is approved, but is subject to the following terms and conditions. Read all terms and conditions carefully, as use of the website and Metal Building Shopper's services constitutes acceptance of all terms and conditions. Do not utilize the Metal Building Shopper website if you do agree to all of the terms and conditions. Metal Building Shopper, at its discretion, may modify or change these terms and conditions at any time by changing the content on this website. All modifications and revisions are binding on the individual so users and viewers of the website should visit this page frequently to review the terms of use.
SERVICES
Metal Building Shopper provides a quote service that allows interested parties to receive pricing from a number of metal building suppliers. We strive to make this a positive process for the consumer. In certain circumstances, we may not be able to match your request with an available supplier. Additionally, we cannot guarantee the quality of the services provided by the suppliers who will receive and respond to your request. Metal Building Shopper acts as a conduit only for matching consumers or potential buyers with potential suppliers and we are not responsible in any way for the transaction(s) that may ultimately occur between the buyer and supplier. Metal Building Shopper does not guarantee the quality, safety, or legality of the information provided by suppliers or the products and/or services sold by the suppliers. You should apply as much prudence to the use and purchasing of any goods and services from these suppliers as you would with any other business. Should a dispute arise with any supplier, the supplier needs to deal with your dispute directly. Additionally, you hereby agree to release Metal Building Shopper (and all of its employees and agents) from any damages and claims (including consequential and incidental damages) of every kind and nature, suspected and unsuspected, known and unknown, disclosed and undisclosed, arising out of any disputes or dealings with any suppliers.
YOUR USE OF METAL BUILDING SHOPPER SERVICES
Metal Building Shopper provides the ability for consumers to make contact with suppliers for the purchase of products and/or services. Metal Building Shopper, however, does not actually sell such products and services, nor is it a party to any transactions that include these products and services. Metal Building Shopper only matches potential buyers' requests for information to participating suppliers. By completing a quote request you agree that that you are entering into a business agreement with Metal Building Shopper, and its suppliers, and that you therefore agree to be contacted by Metal Building Shopper and its suppliers. You agree that these suppliers may contact you regarding your request and that you are expressly consenting to such contact by the supplier(s) or Metal Building Shopper as necessary in order to answer your request. The submission of a quote request means that you are expressly consenting to be contacted by Metal Building Shopper and/or some suppliers via e-mail, fax, mail and/or phone or any other reasonable means at your submitted address(es) and/or number(s). These contact points are necessary so that any of the services offered on our website can be suitably provided, in order to best service your request, and to reasonably attend matters related to your account or for other reasonable purposes directly related to our business. It is therefore agreed that your use of any Metal Building Shopper services is for the function of a purchase and not for any other purpose such as advertising or competitive intelligence. You acknowledge that Metal Building Shopper will screen any of your requests and has the right (but not the obligation) at our sole discretion to refuse any request that is in violation of our stated terms and conditions. If it is suspected or determined by Metal Building Shopper, at its sole discretion, that you are misusing or attempting to misuse or circumvent the Metal Building Shopper system or services; or are attempting to use for purposes that we ascertain as inappropriate, including (but not limited to) such activities as hacking, fraud, advertising, and/or spamming. Metal Building Shopper reserves the right, at its sole discretion, to immediately terminate your access to our website without notice and to initiate, again without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
INFORMATION THAT YOU PROVIDE TO METAL BUILDING SHOPPER
When utilizing the services of Metal Building Shopper, you will be asked to disclose particular information about yourself and your buying requirements. is information will be forwarded to suppliers who will need this information in order to respond to you. You affirm that you will only complete a quote request for yourself or another person who has authorized you his or her contact information. You affirm that all of the information that you provide will be accurate, current, and truthful to the best of your knowledge. If you provide any information that is not true, not current, and/or incomplete, or if Metal Building Shopper has reasonable grounds to suspect that any information is not true, not current, and/or incomplete, Metal Building Shopper has the right to refuse you any current or future use of any Metal Building Shopper services. You are responsible for any use of the Metal Building Shopper services by any persons that you intentionally or negligently allow access to your password that you are using in order to access our website. Your acceptance of these Terms and Conditions indicates that you expressly consent to our use and disclosure of your personal information as accords our Privacy Policy.
YOUR USE OF METAL BUILDING SHOPPER CONTENT
Metal Building Shopper also contains content including (but not limited to) text, software, photographs, data, graphics, and other material. This "Content" is protected by copyright and other laws in both the United States and elsewhere. The "Content" includes both content owned and/or otherwise controlled by Metal Building Shopper and content owned and/or controlled by third parties and licensed to Metal Building Shopper. Metal Building Shopper authorizes you to view and download a single copy of the "Content" on our website solely for your personal and/or non-commercial use. You may not sell or change the "Content" or reproduce, display, publicly perform, distribute, or otherwise use any "Content" in any way for any public or commercial purpose without the written permission of Metal Building Shopper. Your use of our website is conditional upon your affirmation that you will not use this website for any purpose that is criminal or otherwise prohibited by these terms, conditions, and notices. Use of Metal Building Shopper content for any other use is expressly prohibited by law, and will result in severe civil and/or criminal penalties. Violators of this policy will be prosecuted to the maximum extent possible allowed by law.
LINKS TO THIRD PARTY SITES
There are links in the Metal Building Shopper website that allow you to leave the Metal Building Shopper website and go to other websites. None of these linked websites are under the control of Metal Building Shopper and Metal Building Shopper is not responsible for the content on any of the linked websites or any link contained in the linked site, or any changes or modifications to such websites. Metal Building Shopper is providing the links only as a convenience to you, and the inclusion of these links on our website does not infer or imply endorsement by Metal Building Shopper of the linked website.
UPGRADES, SUPPORT, AND NOTICES
Metal Building Shopper may forward to you, from time to time, information about upgrades, documentation, special announcements and other offers from Metal Building Shopper. You acknowledge and agree that Metal Building Shopper has the right to do so. If you do not want to receive any of these notifications, you can opt out of these communications by changing your notification preferences as described in Metal Building Shopper's Privacy Policy. The foregoing verbiage notwithstanding, under no circumstances will Metal Building Shopper or any of its suppliers have an obligation to provide you with upgrades, enhancements, modifications, or support for the services provided.
GENERAL TERMS
You acknowledge and agree that the services that Metal Building Shopper provides is on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Metal Building Shopper's sole obligation to you or any third party for any claim arising out of the use of Metal Building Shopper's services or the Metal Building Shopper website, is that you are free to discontinue the use of Metal Building Shopper's services or the Metal Building Shopper web site at any time.
Metal Building Shopper AND/OR ITS REPRESENTATIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT A WARRANTY OF ANY KIND. Metal Building Shopper EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF Metal Building Shopper HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGEEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. INSUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify Metal Building Shopper, and its subsidiaries, affiliates, officers, employees, agents, and co-branders and hold them harmless from any and all claims or demands, including attorney's fees, made up by any third party due to, or arising from, your use of the Metal Building Shopper services or connection to the Metal Building Shopper website or your violation of our Terms and Conditions, or arising from the violation of the rights of a third party. The Terms and Conditions will inure to the benefit of Metal Building Shopper's successors, assigns, and licensees. If any part of this agreement is deemed to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of Metal Building Shopper to exercise and enforce any right or provision of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of, or related to, use of the Metal Building Shopper website services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or forever be barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Metal Building Shopper as a result of this agreement and/or utilization of the website. This agreement is governed by the laws of Colorado. You hereby consent to the exclusive jurisdiction and venue in the courts in Jefferson County, Colorado, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
This agreement constitutes the entire agreement between you and the Metal Building Shopper with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Metal Building Shopper with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings based upon, or related to, this agreement to the same extent and subject to the same conditions as other business records and/or documents originally generated and maintained in printed form.