TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Nucor Insulated Panel Group LLC, including its parent, divisions, affiliates and subsidiaries (collectively hereinafter “Company”), owns and/or operates the websites https://www.centria.com/ and https://www.metlspan.com/. (individually or collectively hereinafter the “Site”). By using the Site, you signify your agreement to these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not use the Site. Company may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.
a. You further agree that your use of the functionality and tools provided on the Site, including the functionality and tools for providing engineering specifications or designs, through web-based applications or downloadable software or add-ins, (collectively “Tools”), is for the sole purpose of identifying potential products or services (except for Tools through which products or services are sold directly). Output returned by a Tool may include suggestions from Company’s catalogs or data sheets, or calculations made therefrom; as such, the information accessed through use of any Tool is presented for general information only and is not to be used or relied upon for any application without independent verification by a licensed professional engineer, or other qualified professional.
b. In addition to the obligations provided under Section 1 with respect to the Content, you further agree (i) not to, or allow any third party to, disassemble, decompile, or otherwise reverse engineer any Tool provided by or through the Site, including the executable, object, or source code of such Tool; and (ii) to receive independent verification by a licensed professional engineer, or other qualified professional, of the information accessed through the use of any Tool.
c. You hereby agree, warrant and represent to Company that you own or otherwise have rights, including any intellectual property and other proprietary right, in and to any data or other information that you provide in connection with your use of any Tool and you hereby grant Company a license to use such data and other information, including in connection with any Tool. Moreover, you warrant and represent that none of the data or other information that you provide in connection with your use of any Tool infringes any third party’s intellectual property and other proprietary rights.
4. Liability.
a. Company IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE SITE; NOR IS Company RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SITE OR OF ANY CONTENT OR SERVICES, INCLUDING THE TOOLS, AVAILABLE THROUGH THE SITE. FURTHERMORE, WHEN using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Company. Accordingly, Company assumes no liability for or relating to ANY delay, failure, interruption, or corruption of any data or other information or material transmitted to or received from the Site.
b. The Site and the Content, including the Tools and any information provided through the Tools, are provided on an “as is” basis. Company, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
c. To the best of Company’s knowledge, the information contained in the Content is accurate. However, Company, its licensors, and its third-party content providers, including any third-party providers of any portion of the Tools, make no representations or warranties, either express or implied, that the Content included in or available through the site is accurate, reliable, current or correct FOR ANY PARTICULAR PURPOSE OR USE; that the Content will be available at any particular time or location; Or that any defects or errors will be corrected.
d. In no event shall Company, its licensors, OR its third-party Content providers be liable for any damages (including, without limitation, dIRECT, indirect, exemplary, incidental, And consequential damages, personal injury/wrongful death, DAMAGE TO PROPERTY, lost profits, or damages resulting from lost data or business interruption) resulting from YOUR use of or inability to use the Site or The Content, including the Tools, whether based on warranty, contract, tort, or any other legal theory, and whether or not Company, its licensors, or its third party content providers are advised of the possibility of such damages.
e. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date the event giving rise to such action occurred. Your remedies arising from any claim relating to the Site or the Content that are set forth in these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
5. User Submissions.
a. By submitting to Company via e-mail or the Site any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to or product information or material relating to Company’s business, products, or services, including any submissions made to the Tools (collectively, “Ideas”), you: (i) agree such submission is non-confidential for all purposes, (ii) grant Company an unrestricted, irrevocable, perpetual, sub-licensable, transferrable, royalty free license to use, reproduce, display, perform, modify, transmit and distribute the Ideas, where applicable, and (iii) represent and warrant that you own or have a license to, or otherwise control all of the rights to, the Ideas and that Company is free to use the Ideas that you provide Company for any purpose. Company may sublicense its rights through multiple tiers of sublicenses.
b. You acknowledge and agree that any personal information you provide to Licensor (including, without limitation, your name, company, title, address, telephone number, e-mail address, social media contact information) will be subject to our privacy policy at (Privacy Policy and California Privacy Rights ) which is incorporated into these Terms and Conditions by reference.
6. Links to Other Sites. Company may provide links to third-party websites and websites of parent, subsidiary, and affiliate companies (“Linked Sites”). These linked sites are not under Company’s control, and Company is not responsible for, and does not endorse, the content of linked sites, and does not make any representations OR WARRANTIES regarding their content or accuracy. Your use of linked sites is at your own risk and subject to the terms and conditions of use for such linked sites.
7. Indemnity. You agree to defend (using counsel acceptable to Company, in its sole discretion), indemnify and hold Company, its officers, directors, shareholders, employees, agents, licensors, affiliateS, and suppliers, harmless from and against any and all liabilities, claims, expenses, causes of action, demands, settlements, and/or damages (including reasonable legal fees and costs) resulting from, or alleged to result from: (i) your use of and access to the Site and Content; (ii) your violation of any term of these Terms and Conditions; (iii) information or material provided to Company by you; (iv) a third party’s rights (including, but not limited to, patents, copyrights, trademark, trade secrets, or other intellectual or proprietary right, moral rights, rights of privacy, and reputational rights) that were violated by any information or material provided to Company by you or by Company’s publication or other lawful use of any information or material provided to Company by you. Company reserves the right to assume, at your cost, the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
8. General.
a. Company has locations throughout at least one of the United States, Canada, and Mexico. Company makes no claims that the Site and the Content are appropriate or may be downloaded outside of the location in which the Company is located. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the location in which the Company is located, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. Company reserves the right to do any of the following: (i) to modify, suspend or terminate operation of or access to any portion of the Site or Content thereon, for any reason, including without limitation, if Company believes that your conduct violates applicable laws or is harmful to the interests of Company; (ii) to modify or change any portion of the Site or Content thereon; or (iii) to interrupt the operation of any portion of the Site or Content thereon, as necessary to perform routine or non-routine maintenance, error correction, or other changes. All rights not expressly granted herein are reserved to Company and its licensors.
c. If Company takes any legal action against you as a result of your violation, or pursuant to any provision, of these Terms and Conditions, Company will be entitled to recover from you, and you agree to pay all reasonable legal fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site or Content as a result of any violation of these Terms and Conditions.
d. The following provisions survive the expiration or termination of these Terms and Conditions and your use of the Site for any reason whatsoever: Section 3, Section 4, Section 5, Section 6, Section 7, Section 8c, this Section 8d, Section 9, Section 10, and any provision that by its nature would survive expiration or termination.
e. With respect to users located in Canada, the parties to these Terms and Conditions hereby confirm their express wish that these Terms and Conditions, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms and Conditions be in the English language only and declare themselves satisfied with this; Les parties aux présentes conditions générales par les présentes confirment leur volonté expresse que ces termes et Conditions, ainsi que tous les autres documents concernant, y compris mais non limité à tous les confirmations, les avis, les dispenses, consentements et autres communications entre les parties dans le cadre de ces modalités et Conditions en langue anglaise seulement et se déclarent satisfaits de cette.
9. Jurisdiction.
a. United States
b. Canada
c. Mexico
10. Complete Agreement. These Terms and Conditions, along with any End User License Agreement, if any, for the Tools, constitutes the entire agreement between you and Company with respect to the use of the Site and Content, including the Tools. Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which such products and services are provided, and nothing on this Site should be construed to alter such agreements.
Questions or comments regarding the Site should be submitted to:
In the United States or Mexico:
Attention: _Controller
Phone: 972.221.6656
E-mail:_NIPG.legal@nucor.com_
In Canada:
Attention: _Controller
Phone: 972.221.6656
E-mail:_NIPG.legal@nucor.com_
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