Metal Online, LLC d/b/a ezMetal.com (the “Company”) welcomes you to this website.
1. Agreement between the Company and you.
3. Terms may change.
4. Your duty to review.
5. Your other obligations.
You agree to use the website only for lawful, appropriate, and non-actionable purposes. Without limiting that agreement, you represent and warrant that: (a) you have the power and authority to accept these Terms and to enter into this agreement with the Company; and (b) you are capable of assuming, and do hereby assume, any and all risks related to the use of the website.
6. Your sole remedy: stop using the website.
If for any reason you do not agree with or understand any part of the Terms—or if you are in any way dissatisfied with the website—then your only remedy is to stop using the website.
7. Company remedies.
The Company reserves the right to seek all remedies available at law and in equity if you violate any of the Terms, including (a) the right to temporarily or permanently block access from you or a particular internet address to the website, (b) refuse to sell to you, and (c) seek damages and/or an injunction against you.
8. Collection of data and internet risks.
The Company may collect, use, and share any and all data you share or provide through or on the website. Of course, the internet is not completely secure. By sharing or providing the Company data through or on the website, you agree that the Company assumes no responsibility for any interception, alteration, or misuse of any data you transmit through or over the internet.
9. Intellectual property.
All materials and information shown on or through the website (including text, artwork, logos, and trademarks) (collectively, the “Works”) are the sole property of the Company or its licensors. You agree that the Works constitute the Company’s intellectual property (including copyright and trademark property) and that you will never acquire any rights or licenses to any of the Works unless such rights or licenses are provided for in writing, signed by an authorized Company representative.
10. Intended users.
The information contained on and in the website is intended solely for professional designers, contractors, and others with significant experience with and knowledge of the products and/or services shown.
11. No warranties, guarantees, or representations.
The Company makes no warranty or guarantee of any product and/or service shown, except as expressly stated. In fact, the Company expressly disclaims all express and implied warranties and conditions of any kind for the products and/or services shown on the website, except as expressly stated. The Company reserves the right to edit, add to, or remove any warranty, guarantee, and/or representation shown on the website at any time and for any reason.
12. No endorsement of Third Party Sites.
From time to time the website may contain references to and/or links to certain third-party websites, resources, and advertisers (collectively, “Third-Party Sites”). If you choose to link to any of the Third-Party Site, you do so at your own risk. The Company is not responsible for anything on or in any of the Third-Party Sites, and you hereby release, relinquish, and hold harmless the Company for any damage, injury, or harm you may incur related to any of the Third-Party Sites. You agree to direct all questions, comments, and complaints about Third-Party Sites to the owners and managers of those sites—and not to the Company.
13. Risks of using the website.
You expressly acknowledge and understand that you are using this website at your own risk, and the website is merely informational. The website may contain technical or other inaccuracies (e.g., typographical errors). Therefore, you should always independently verify all information found on or in the website before you purchase, use, or accept delivery of any of the Company’s goods and/or services.
14. Release and waiver of all of your claims against the Company and its related persons.
You agree that the Company (as well as its directors, officers, owners, partners, employees, agents, lawyers, accountants, book-keepers, and managers) will not be liable for any damage, injury, or claim (of any kind) that arises from, relates to, or is connected with the materials or services shown on the website. This is a full release and waiver of all claims you may have, and includes claims (a) for direct, consequential, incidental, indirect, and special damages and (b) based on contract, tort, negligence, and other equitable or legal theories).
15. Indemnification in favor of the Company and its related persons.
Indemnification in favor of the Company and its related persons. You agree to reimburse, indemnify, defend, and hold harmless the Company (as well as its directors, officers, owners, partners, employees, agents, lawyers, accountants, book-keepers, and managers) from any and all liabilities, losses, claims, and expenses arising from or relating to (i) your failure to comply with any of these Terms and (ii) your use of the website. These expenses may include the Company’s attorney’s fees, costs of court, and expenses. The Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms or the website.
16. Waiver of jury trial.
You hereby waive any right to a jury trial you may have against the Company.
17. Conclusive evidence.
You authorize the Company to show these Terms (including this section) to the court as conclusive evidence of your agreements with the Company, including your submission to jurisdiction, your waiver of a right to a jury trial, and your other agreements.
18. Surviving clauses.
The provisions of these Terms addressing disclaimers, indemnity obligations, intellectual property, and governing law, shall survive the termination of these Terms.
19. Entire agreement.
No party’s waiver of any breach or default of any of the Terms shall ever be deemed to be a waiver of the other party’s subsequent breach or default.
21. Savings clause.
If any court finds any provision of these Terms to be invalid or unenforceable, then the court shall amend that provision to make it valid or enforceable. If the court cannot make such an amendment, then the court shall sever that provision from the remaining Terms and the remaining Terms shall remain valid and enforceable.
22. Governing law, venue, and personal jurisdiction.
The Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. The exclusive venue for any claim or dispute under these Terms or your use of the website will be in the courts found in Harris County, Texas. You hereby submit to the personal jurisdiction of those courts, for the purposes of defending, pursuing, or litigating any such claim or action.
Updated: August 07, 2015
Contact information. For more information about the Terms, you may contact the Company using the information below: