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LineBuilders.com, Inc. Terms of Use This Agreement governs your use of the supplier directory, product information repository and bid management tools (the "Service") available through the SteelPlantEquipment web site at http://www.SteelPlantEquipment.com (the "Site"). By clicking on the "Submit" button at the end of this Agreement and using the Service, you accept the terms and conditions of this Agreement. LineBuilders provides the Service as a tool to assist manufacturers, suppliers and users of the Site in connection with the design and manufacture of steel manufacturing plants, mills, furnaces and lines. LineBuilders shall not be a party to any transaction between a supplier and you that may result from a bid request or sales call that you initiate through the Site. LineBuilders shall have no responsibility for the accuracy, timeliness, and reliability of information about products, product specifications and services listed on the Site by suppliers ("Product Information"). Use of the Service. Subject to the terms and conditions of this Agreement, LineBuilders grants to you a non-transferable, non-exclusive license to access, display and use the Service via the Site solely for the commercial purposes intended by the Service and the Site. You acknowledge and agree that you are not entitled to copy, or to obtain a copy of, the proprietary software that provides the Service (the "Software"). Restrictions. You shall not copy, modify, create derivative works, translate, reverse engineer, decompile or disassemble the Software, or any materials published on the Site, including without limitation, trademarks, trade names, service marks, graphical user interfaces, text, music, sound, graphics, photographs, video or other material contained therein (the "Content"). Ownership. All worldwide right, title and interest, including, without limitation, all copyrights, patents, trademarks, tradenames, moral rights, contract and licensing rights, and all other intellectual and proprietary rights of any kind as may now exist, or hereafter come into existence, and all renewals and extensions thereof, in and to the Site, Service, Content and Software shall remain in LineBuilders, and you shall not acquire any interest, except as expressly provided in this Agreement. Privacy and Legal Notices. LineBuilders encourages you to read its Privacy Policy and Legal Notices published on the Site. You are solely responsible for maintaining the confidentiality of your password, and for any and all activities occurring under your password. Access and Termination. You shall provide LineBuilders with accurate, current and complete information in connection with registering for and using the Site and Service. LineBuilders reserves the right to reject or modify any information that you submit in connection with your use of the Service. In addition, LineBuilders reserves the right to terminate this Agreement and your access to the Service at any time for any reason without notice. Your Representations and Warranties. You represent and warrant that you shall not and shall not permit third parties to: (i) use the Service and the Site to gain, or attempt to gain unauthorized access to other computer systems accessible via the Internet; (ii) interfere with or disrupt the use and enjoyment of other users of the Service and the Site; and (iii) provide false or inaccurate information in connection with your use of the Service, including, without limitation, requests for bid requests and sales calls. No Warranties from LineBuilders. You acknowledge and agree that your use of the Site and the Service is at your own risk and that the Service, Site and Content are provided on an "AS IS" basis. You further acknowledge and agree that LineBuilders bears no responsibility for the timeliness, accuracy or completeness of Product Information or responses to bid requests and sales calls by suppliers. LINEBUILDERS MAKES NO, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SERVICE, PRODUCT INFORMATION, BID REQUESTS, SALES CALLS, THE SITE, CONTENT, AND ANY AND ALL OTHER INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE. LINEBUILDERS SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO ANY DATA, PRODUCT INFORMATION OR FILES TRANSMITTED OVER THE INTERNET, INCLUDING WITHOUT LIMITATION, LOSS OR CORRUPTION OF DATA, PRODUCT INFORMAATION AND FILES. LINEBUILDERS DOES NOT WARRANT THAT ACCESS TO THE SERVICE AND SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT COMPROMISE OR INFILTRATION OF SECURITY SYSTEMS. Limitation of Liability. LINEBUILDERS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY DAMAGES IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE AND THE SITE. IN NO EVENT SHALL LINEBUILDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER LINEBUILDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The sole and exclusive remedy for any dissatisfaction with the Site or the Service is to cease using the Service and the Site. Amendment. LineBuilders reserves the right to amend this Agreement from time to time by posting a notice on the Site. Your continued use of the Service and Site following such notice shall constitute your acceptance of such revised terms. General Provisions. This Agreement will be governed by the laws of the State of Washington, excluding its conflict of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement shall lie in the state or federal courts of King County, Washington. LineBuilders' failure to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by LineBuilders in writing. In the event that a court of competent jurisdiction finds any provision of this Agreement illegal, invalid or unenforceable, such court shall construe such provision to achieve substantially the same economic effect as contemplated in this Agreement, and the remaining portions of this Agreement will remain in full force and effect. The terms and conditions of this Agreement, together with the Privacy Policy, Legal Notices, and the Product Information Repository Agreement, if applicable, constitutes the entire agreement between the parties.
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