TERMS AND CONDITIONS

1. BINDING EFFECT. This is a binding agreement. By using the Metaltracer.com Internet site (the "Site") or by using the Metaltracer.com LoadMaker: to initiate a purchase of material through this Site (a "Purchase"), you agree to abide and be bound by these Terms and Conditions. These Terms and Conditions may be amended by Metal Tracer, LLC ("Company") from time to time in its sole discretion. The Company will post a notice on the Site any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave and cease all use of the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's current privacy policy can be found by clicking here. The Company's privacy policy is expressly incorporated into these Terms and Conditions by this reference. When you are required to register on the Site to use or access the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately on any unauthorized use of your account, user name, or password. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company due to someone else's use of your account or password.

3. PURCHASE TERMS. You agree to buy from the Company and pay for the material selected for purchase through LoadMaker. The price, description, and quantity of material selected for purchase is contained in your LoadMaker order, and that order shall become a part of and be governed by these Terms and Conditions.

4. NO WARRANTIES. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE MATERIALS PURCHASED THROUGH THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE MATERIALS PURCHASE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHERMORE, AND SPECIFICALLY WITH REFERENCE TO A PURCHASE, IF ANY DESCRIPTION OF THE MATERIAL IS GIVEN IN LOAD MAKER, THE COMPANY WARRANTS THAT THE MATERIAL IS AS DESCRIBED IN LOAD MAKER, BUT NO OTHER EXPRESS WARRANTY IS MADE CONCERNING THE MATERIAL. THE USE OF ANY PHOTOGRAPH OR IMAGE IN LOAD MAKER IS FOR ILLUSTRATIVE PURPOSES ONLY, AND IS NOT TO BE CONSTRUED AS A WARRANTY THAT THE MATERIAL WILL CONFORM TO THE PHOTOGRAPH OR IMAGE. THE MATERIAL SOLD UNDER THESE TERMS AND CONDITIONS IS PURCHASED BY THE BUYER "AS IS" AND THE COMPANY DOES NOT WARRANT THAT IT IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. ALL SALES FINAL. NO RETURNS OF PURCHASED MATERIAL ACCEPTED.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or making a Purchase, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account and password. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. COPYRIGHT INFRINGEMENT. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company's designated Copyright Agent by email at info@metaltracer.com, or by mail to Copyright Agent, Metal Tracer, LLC, P.O. Box 3793 Rancho Cucamonga, CA 91729.

7. ALLEGED VIOLATIONS. The Company reserves the right to terminate your use of the Site. To ensure that the Company provides a high quality experience for you and for other users of the Site, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms and Conditions, furnished the Company with false or misleading information, or interfered with use of the Site by others.

8. LIMITED LIABILITY. THE COMPANY'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

9. AFFILIATED SITES. The Company has no control over, and no liability for any third party websites or materials. The Company may work with others whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.

10. PROHIBITED USES. The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

11. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. COPYRIGHT AND TRADEMARK. All contents of Site are: Copyright © 2005 Metal Tracer, LLC, P.O. Box 3793 Rancho Cucamonga, CA 91729. All rights reserved. All trademarks and logos, including "metaltracer.com," and "Load Maker," are owned by the Company or its licensors and you may not copy or use them in any manner.

13. GOVERNING LAW; CHOICE OF FORUM. These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of California state or federal courts in all disputes arising out of or related to the use of the Site or making a Purchase.

14. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

15. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

16. CALIFORNIA USE ONLY. The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

17. MODIFICATIONS. The Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site; and (c) discontinue the Site at any time. The Company shall post any revision to these Terms and Conditions to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that by continuing to use or access the Site you consent to and shall abide by any such revision.

18. ACKNOWLEDGEMENT. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.