Last Updated: August 2020
In this Agreement, a reference to the Sites includes all of the Sites’ content (including all text, graphics, images, video, and other elements available on or through the Sites) and the design, structure, selection, arrangement and look and feel of each element of Sites content and the Sites as a whole.
2. Personal Information Privacy
3. Other Agreements
4. Site Access License
Metrie grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites. Metrie does not grant you a license to modify or all or any portion of the Sites. This license does not include any resale or commercial use of the Sites (other than the CAD drawings); any collection and use of any images or third party content on the Sites; any derivative use of the Sites; or any downloading or copying of account information for the benefit of another company or user.
5. Permitted/Prohibited Use
6. Permitted Users
You understand that you may need to create an account to access certain parts of the Sites. In consideration of your use of the Sites, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Sites’ registration or subscription page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Metrie has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Metrie has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. The Sites may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. These third party services are unrelated to the Sites, and your login using such third party
registration information and use of such third party services is subject to the terms and policies of those services.
8. Inappropriate Material
9. Copyright and Ownership
Copyright © 2020. Metrie Inc. All Rights Reserved. All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations is owned by Metrie, its licensors, vendors, agents and/or its content providers. All elements of the Sites, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for informational, and non-commercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its content and all related rights shall remain the exclusive property of Metrie or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.
10. Trademarks/No Endorsement
All trademarks, service marks and trade names of Metrie used herein (including but not limited to: the Metrie name, Metrie corporate logo, the Sites design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Metrie or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Metrie’s prior written consent in each instance. The use of the Marks on any other web site or network computer environment is not allowed. Metrie prohibits the use of the Marks as a “hot” link on or to any other web site without Metrie’s prior written consent in each instance. You shall not use the Marks, Metrie’s name or any language, pictures or symbols which could, in Metrie’s judgment, imply Metrie’s endorsement in any (a) written or oral advertising or presentation, or (b) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
12. Currency/Errors, Changes
The information and content on or available through the Sites is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Metrie and its business, products and services. The information and content on or available through the Sites might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. Metrie does not warrant that the content of the Sites (including specifications for products and services) is accurate or complete. Metrie does not accept any liability for any information or content on or available through the Sites. Metrie reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the content of the Sites, including any promotional offers without any notice or liability to you or any other. The advertisements on the Sites are invitations to make offers to purchase products and services and are not offers to sell.
13. Your Information
You will ensure that all information you provide to Metrie, through the Sites or otherwise, including purchase order information (including your legal name, residential address, email address and order number), payment information (including your credit card numbers and their expiration dates) and transaction-related information is true, accurate, current and complete. Metrie will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Metrie or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
14. Third Party Links
From time to time, the Sites may contain links to web sites that are not owned, operated or controlled by Metrie or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Sites, you do so entirely at your own risk.
15. Transactional Partners
We may promote the services of third parties (“Partners”) within the Sites. In cases where you use Partner services, you are transacting directly with the Partner. When using these Partner services, you may be bound by the Partner’s terms of service in addition to remaining bound by these terms. If there is a conflict between these terms and a Partner’s terms of service, the Partner’s terms of service will prevail with respect
to the Partner’s services. We do not license any intellectual property to you as part of any Partner’s services and are not responsible or liable to you or others for information or services provided by any Partner.
16. Contests and Sweepstakes
From time to time Metrie may offer contests or sweepstakes. Additional terms and conditions will apply to your participation in each contest or sweepstakes.
GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES ARE MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY METRIE GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF METRIE GROUP. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITES.
TECHNOLOGY DISCLAIMERS: THE SITES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. METRIE GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS.
NO ADVICE: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM METRIE OR THROUGH THE SITES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, AND THE SITES AND THE SERVICES DO NOT CONSTITUTE OR INCLUDE ANY KIND OF PROFESSIONAL ADVICE.
RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.
18. Liability Exclusions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL METRIE GROUP, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITES, THE SERVICES OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF METRIE GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF METRIE GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL METRIE GROUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00).
You agree to defend, indemnify and hold Metrie Group harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Sites or the Services or your placement or transmission of any message or information on the Sites by you or your authorized users; (b) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any information that you provide to Metrie; or (f) any other party’s access and use of the Sites with your username, password or other appropriate security code.
In the event that you have a dispute with one or more other users of the Sites or with any other third party arising from your use of the Sites or information obtained from the Sites, you release Metrie Group 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, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.
21. Right to Remove Content
23. Force Majeure
Neither Metrie nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, pandemic, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
24. Governing Law
25. Apple Disclaimer
The following applies to any part of the Services you acquire from an electronic store branded, owned, or controlled by Apple or any affiliate of Apple (“App Store-Sourced Software”):
26. General Matters
Entire Agreement: These terms and conditions are the entire agreement between the user and Metrie and supersede any prior understandings or agreements (written or oral).