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metal-shark.com TERMS OF USE
The metal-shark.com Web Site supplies information, and facilitates purchase of metal detectors and service for the forest industry.

TERMS AND CONDITIONS FOR ACCESS AND USE OF metal-shark.com
metal-shark.com is an online information, communication, advertising and sales service provided by Tectronix Systems, Inc.. Your access and use of the Website is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be legally bound by the terms and conditions set forth below: You may not access or use the Website should you not want to be bound by these terms and conditions. This Agreement may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement. By your access and use of the Website you agree to periodically review this Agreement and shall be conclusively bound by any such future modifications.

TERMS OF OPERATION
Pursuant to your access and use of the Website you hereby agree to fully comply with the Policies of Operation set forth in Exhibit A herein. Said Policies are the rules that govern your use of, and your activity in connection with the Website. metal-shark.com has the right to amend Exhibit A from time to time as it deems appropriate. metal-shark.com has the further right to prohibit or remove any materials or communications, which metal-shark.com believes in its sole discretion to be in of the Policies of Operation.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND ANY SERVICES CONTAINED THERIN. WE PROVIDE THE metal-shark.com WEB SITE AND OUR SERVICES, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE metal-shark.com WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

USE THE metal-shark.com WEB SITE AT YOUR OWN RISK.
You agree to indemnify metal-shark.com from and against any and all claims and damages of any kind (including attorneys fees) resulting from your use of the metal-shark.com Web Site, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

LIMITATIONS OF LIABILITY
Web Site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release. IN NO EVENT SHALL Tectronix Systems, Inc. BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REGARDLESS OF WHETHER Tectronix Systems, Inc. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL TOTAL CUMULATIVE LIABILITY EXCEED USD.$1,000.

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Other General provisions
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. 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. By using our services and the metal-shark.com Web Site you represent and warrant that you can form legally binding contracts under applicable law, and that you are not a consumer user. These Terms of Use, and all writings incorporated by reference into the Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof. If you are dissatisfied with the Website or with any terms, conditions, rules,policies, guidelines or practices of metal-shark.com in operating the Website your sole remedy is to discontinue using the Website.

Links to Third Party Sites.
The links in the metal-shark.com website will allow other sites to be accessed. These linked sites are not under the control of metal-shark.com, and metal-shark.com is not responsible for the contents of any linked site. metal-shark.com provides links only as a convenience, and such inclusion of any link does not imply endorsement by metal-shark.com of the site.

EXHIBIT A
Policies of Operation. The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to the databases, discussion groups, chat groups, bulletin boards and any other interactive area of the Web site. Use of, access to, or participation in any of these or any other interactive areas of the Web site constitutes acceptance of these legal terms and conditions. Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by metal-shark.com. metal-shark.com cannot and does not screen all content provided by users of the Web site. Notwithstanding the foregoing, metal-shark.com reserves the right to monitor content on the Web site and to remove content which metal-shark.com in its sole discretion determines to be harmful, offensive, or otherwise in violation of these policies of operation. In order to maintain an informative and valuable service that meets the needs of the users of the Web site and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

System Integrity
While using the Web site you may not:
(1) post or transmit any message anonymously or under a false name;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. It is not metal-shark.com's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views or opinions; metal-shark.com does, however, reserve the right to take such action as it deems appropriate in instances where the Web site is used to disseminate statements which are deeply and widely offensive and/or harmful in nature;
(3) post or transmit any message which discloses private or personal matters concerning any person;
(4) post or transmit any information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features;
(5) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
(6) interfere, in any way, with other users of the Web site;
(7) post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes.
(8) post , list or transmit articles, which are off topic according to the description of the group affected.
(9) You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to other such unsolicited mass e-mailing techniques.

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User IDs and Passwords
Your metal-shark.com reference numbers and password are confidential and proprietary and you may not disclose your password to or share your ID or password with any third parties or use your ID or password for any unauthorized purpose.

Information posted on metal-shark.com
We do not endorse any information posted or content contained on the metal-shark.com Web Site. Except for information, quotes or order exceptance and profile information which are maintained as private in accordance with our Privacy Policy, information you post to the metal-shark.com Web Site is public, and we do not recommend posting private or proprietary information to the metal-shark.com Web Site. You are solely responsible for information which you post on the metal-shark.com Web Site, including but not limited to any positing or listing in any public message area or through any e-mail feature. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.

We reserve the right to take any action with respect to information posted on the metal-shark.com Web Site which we deem appropriate in our sole discretion, including but not limited to termination of your rights of use. However, we do not regularly monitor and cannot, nor do we try to, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our site. You hereby grant to us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to your information.

Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the metal-shark.com Web Site or your purchase of products and services and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, or false advertising). You are responsible for paying all applicable fees and taxes you incur to buy products and services or access our servers. You acknowledge that metal-shark.com has an express policy of complying with the antitrust laws and that the operation of the metal-shark.com Web Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the metal-shark.com Web Site to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive agreement among competitors.

Termination
We may terminate your membership, your referance number and any of your current purchase orders immediately if you breach any of these Terms of Use, or if we are unable to verify or authenticate any information you provide to us.

Ownership
The metal-shark.com Web Site and all intellectual property rights included therein (including but not limited to copyrights, trademarks and service marks), are owned or licensed by, and therein shall remain the property of Tectronix systems, Inc.. Certain content is licensed from third parties and all such third party content and all intellectual property rights included therein belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the metal-shark.com Web Site or its content.

Our relationship
metal-shark.com is only a site for electronic marketplace activities, but metal-shark.com does not perform any of the activities for itself or on behalf of any user.

 

 

 

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