Terms & Conditions

By using the Sites, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Metrie as explained in the Metrie Privacy Policy (online: www.metrie.com/privacy-policy/), as revised from time to time, and as otherwise permitted by applicable law.

These Terms of Use relate to the Sites only. Products and services advertised on or available through the Sites are governed by other applicable agreements prescribed by Metrie, including additional terms and conditions that may apply to the purchase of products, such as shipping and return policies.

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.

The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Metrie’s express written consent. Subject to these Terms of Use and all applicable laws, you may use the Sites for your lawful use for non-commercial purposes only, only in the manner purposefully made available by the Sites and subject to these Terms of Use and all applicable laws. Use of the Sites for any other purpose or in any other manner is strictly prohibited.

Without limiting the generality of the foregoing, you will not: (a) access or attempt to access the Sites through any interface except for the publicly provided interfaces provided by Metrie; (b) not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Metrie, its content providers or its affiliates without express written consent; (c) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent; (d) use any robot, spider, scraper or other automatic means to access the Sites for any purpose without our express written consent; (e) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; (g) bypass any measures we may use to prevent or restrict access to the Sites; or (h) authorize, assist or enable any other person to do any of the foregoing or to use the Sites in a way that would constitute an infringement of the rights of Metrie or a breach of these Terms of Use if it were done by you. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

The Sites may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Sites if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Sites has been suspended or terminated by Metrie. By using the Sites, you represent that you are over the age of majority in the jurisdiction in which you reside, you have the right and authority to enter into these Terms of Use, you are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Sites and Services is and will be in compliance with all applicable laws.

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.

You are prohibited from using the Sites to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, or any material that does not comply with any acceptable use or other polices that Metrie may issue from time to time, each as determined by Metrie in our sole discretion. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Sites or the Sites or through voice computer systems is expressly prohibited by these Terms of Use. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

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.

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.

Metrie in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Sites at www.metrie.com/terms-of-use/.

The changed Terms of Use are effective immediately on posting on the Sites, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Sites after these Terms of Use have been changed by Metrie, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.

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.

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.

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.

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.

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.

DEFINITION: IN THESE TERMS OF USE, “METRIE GROUP” MEANS METRIE AND ITS CORPORATE AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

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.

Metrie shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny access to any user who fails to conform to any provision of these Terms of Use access to the Sites.

Metrie in its discretion may change, suspend or terminate the Sites, or limit, suspend or terminate your account or use of the Sites or Services, effective immediately at any time and without any prior notice or liability to you or any other person. The Sites or your account may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of Metrie, all without notice or liability to you or any other person. If your permission to use the Sites or your account is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Sites or your account before termination and all related matters (including any related dispute).

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.

Any claim relating to, and the use of, the Sites and the materials contained herein is governed by the laws of the State of Washington, USA. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties hereby consent and submit to the exclusive jurisdiction and venue of the courts located in King County in the State of Washington, or any federal court sitting in King County in the State of Washington with respect to any matter relating to this Agreement.

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”):

You acknowledge and agree that these Terms of Use are solely between you and Metrie, not Apple, and that Apple has no responsibility for the App Store-Sourced Software or content thereof. Your use of the App Store-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Software. In the event of any failure of the App Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Metrie as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store-Sourced Software or your possession and/or use of the App Store-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to Metrie as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store-Sourced Software or your possession and use of that App Store-Sourced Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and Metrie acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as relates to your license of the App Store-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the App Store-Sourced Software against you as a third-party beneficiary thereof.

Miscellaneous: If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Metrie in our sole discretion. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of Metrie, which consent may be withheld in Metrie’s discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 5 (Permitted/Prohibited Use), 17 (Disclaimers), 18 (Liability Exclusions), 19 (Indemnity), 20 (Release), 24 (Governing Law) and 26 (General Matters) shall survive any termination or expiration of this Agreement. These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of Metrie Group. The rights and remedies of Metrie Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Metrie Group may be lawfully entitled under these Terms of Use or at law, and Metrie Group may pursue any and all rights and remedies concurrently, consecutively and alternatively.

Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.

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).

Language: You and Metrie have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by Metrie is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.

Additional Assistance: If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our Customer Inquiries Department by email at webmaster@metrie.com.

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE SITES.