Your Consent and Use of the Website
As our business changes from time to time, this Agreement may likewise change. We reserve the right to change or modify the terms and conditions that govern your use of the Website, Services, and this Agreement at any time as provided herein, with or without notice to you, at our discretion. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website to see the current Agreement in effect and any changes that may have been made to it. Your use of the Website and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We may terminate your right to and deny you access to the Website, or remove any material you have posted at the Website if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, MetroTradin undertakes no obligation to police, supervise, or monitor materials posted to the Website by you or other third parties.
Use of the Website is limited to persons who are thirteen (13) years of age or older. The Website is not directed to persons under the age of 13 and the policy of MetroTradin is NOT to knowingly collect any personal information from persons under the age of 13. If you are under the age of 13, you should leave the Website without providing any information about yourself. Any access to or use of the Website by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Website or Services, you represent and warrant to us that you are either a legal adult or if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Website and this Agreement. By using the Website or Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
MetroTradin imposes certain restrictions on your permissible use of the Website and Services. You are prohibited from violating or attempting to violate any security features of the Website and Services 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 Website, or any associated system, service 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 Website, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) using the Website or Services to send unsolicited email 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 email or post using the Website or Services; (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 MetroTradin in providing the Website or Services; (g) engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Services, or which, as determined by us, may harm MetroTradin or users of the Website or Services. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots," spiders, or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Website and Services and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption, or content protection related to the Website or Services. You may not data mine the Website or in any way cause harm to the Website or Services.
Disclaimer of Warranties and Limitation of Liabilities
You expressly understand and agree that, to the fullest extent permitted by law, all use of the website and services, any information, content, products, or services contained at or provided through or purchased from the website or services, and any functionality or software or programming contained at or provided through the website or services, is provided on an "As is" and "As available" basis without guarantee or warranty of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability or satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the foregoing, we make no warranty, promise, or guarantee of any kind that (a) operation of the website and services will be continuous, timely, uninterrupted, and secure, or that the website or its server is free of errors, viruses or other harmful effects; (b) the website or services will meet your requirements or expectations; (c) the results that may be obtained from the use of the website, products or services will be effective, typical, accurate or reliable; and (d) the quality of any products, services or information purchased or obtained by you from the website or services will meet your expectations or be free from mistakes, errors or defects. Your use of the website, products, and services is at your own risk. We expect that you will use caution and common sense when using the website and services.
Further, without limiting the foregoing, all information provided on the website and services is without warranty as to its completeness, timeliness, accuracy, suitability, or authenticity. You should conduct your own due diligence as to the truth, accuracy, completeness, and continuing validity of any information set forth in or referenced on the website or services. Likewise, MetroTradin does not warrant the accuracy of any third-party content contained within or referred to on the website or services, including any links to third-party websites. MetroTradin is not liable for any defamatory, offensive, or illegal conduct of any user.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply in whole or in part to you.
Under no circumstances or legal theory shall MetroTradin or its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, vendors, attorneys, or affiliates be liable to you or any third party for any damages (whether direct, indirect, general, compensatory, incidental, consequential, special, punitive, exemplary or otherwise), injury, claim or liability of any kind or character based upon or arising from your use of or inability to use the website or services, even if we have been advised of the possibility of damages. If you are dissatisfied with the website or services, or any materials on the website or services, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the website and services.
Without limiting the foregoing, the liability of MetroTradin for any damage of any kind, direct or indirect, arising from your use of the website or services, any information, content, products, or services obtained at or from the website or services, or otherwise relating to your use of the website, products or services, shall not exceed the dollar amount paid by you, if any, to MetroTradin for use of the website, products or services. By using any product(s), you acknowledge and agree that you are fully responsible for any potential effects, proper handling, and proper usage of such product(s), and you acknowledge and assume any risks that may come therewith, including, without limitation, any physical injuries, health effects, allergic reactions, physiological changes and effects, body reactions, and any loss or damages that may occur thereafter.
The limitation of liability set forth above shall: (I) only apply to the extent permitted by law, and (ii) not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury resulting from our acts or omissions.
The Website may include links to other Internet sites maintained by third parties ("Linked Sites"). MetroTradin provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by MetroTradin of the Linked Sites. You access Linked Sites at your own risk, and by accessing them, you leave the Website. Linked Sites are not under the control of MetroTradin and MetroTradin is not responsible for the content of any Linked Sites.
Modifications to the Website or Services
MetroTradin reserves the right at any time to modify or discontinue, temporarily or permanently, the Website and Services (or any part thereof) with or without notice to you in our sole discretion. You agree that MetroTradin shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website and Services.