Terms of Use Agreement—General

EACH TIME YOU ACCESS, DOWNLOAD FROM, OR USE THIS WEBSITE OR ANY CONTENT AVAILABLE AT THIS WEBSITE, YOU AGREE TO THE CURRENTLY EFFECTIVE TERMS OF USE AGREEMENT (“TERMS OF USE”). YOU DO NOT HAVE TO SIGN ANY AGREEMENT TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE MRIL WEBSITE OR TO DOWNLOAD ANY MATERIALS FROM IT.

You should review these Terms of Use each time you visit the Website as the Terms of Use may have changed. Revisions are effective when posted at the Website. The date of the last revision is displayed above.

Limitations of Use
Metal Roof Innovations, Ltd. (“MRIL”) provides or enables access to products, services, tools, materials and information (“Content”) at this website (the “MRIL Website” or “Website”). The Website and the Content is available strictly for non-commercial use or the use of S-5! Authorized Distributors, Employees of S-5!, Design Professionals, and End Users. An Authorized Distributor is a company or employee of a company with a current Distribution Agreement with MRIL in effect. Design Professional is a person who is a licensed professional architect or engineer, or credentialed building or roof designer. End User is a building owner or legal agent of a building owner, or a contractor engaged in the design, pricing or fulfillment of a construction or installation contract for a building owner or higher tier contractor of a building owner. Use of this Website or any Content for commercial purposes by other parties is forbidden.

Copyrights, Trademarks and Related Matters
YOU AGREE THAT MRIL OWNS ALL RIGHT, TITLE, AND INTEREST IN AND TO THE WEBSITE AND ALL INFORMATION CONTAINED AT THE WEBSITE, all of which is protected under applicable law. The Website is protected by United States Copyright laws. MRIL has exclusive rights to use the trademarks S-5!, ColorGard, DualGard, or X-Gard in connection with its business and sale of products manufactured or marketed by it. You agree that you will not (and you will not allow anyone else to) infringe or violate MRIL’s copyrights or trademarks.

You agree you will not copy or unlawfully use (or enable anyone else to copy or unlawfully use) any part of the Website, the Content, or such trademarks. If you breach or threaten to breach your promise not to infringe, use, or copy (or you enable anyone else to do so), you agree to pay MRIL $5,000 as liquidated damages for each such instance of infringement, use or copying. An “instance” is copying of a graphic, document or block of text. You further agree that the damages paid to MRIL are inadequate to compensate MRIL for the loss it suffers from your infringement, use or copying, that MRIL is entitled to an injunction prohibiting you from violating or threatening to violate MRIL’s rights under applicable law or these Terms of Use and that liquidated damages do not waive and are not in lieu of MRIL’s rights to actual damages for copyright or trademark infringement under applicable law.

You agree that a court may award the reasonable attorney’s fees incurred by the prevailing party in any action or proceeding related to enforcement of these Terms of Use.

Effective date; Termination
These Terms of Use are effective until modified or terminated. MRIL may terminate your access to the Website or the Content at any time for any or no reason. Your permission to use the Website or the Content terminates automatically upon your breach of these Terms of Use.

Governing Law; Legal Proceedings; Venue

These Terms of Use, and all claims relating to the use of the MRIL Website and the materials contained herein, shall be governed and construed in accordance with the laws of the United States of America and the laws of the state of Colorado, USA, excluding any Colorado laws that may direct the application of the laws of another jurisdiction. You agree to comply with all applicable laws and regulations governing your use of the Internet or the Website.

You and MRIL hereby agree that the only proper venue for the enforcement of rights, duties or obligations hereunder or arising out of your access to or use of the Website is in the state courts in Colorado Springs, El Paso County, Colorado, USA, or in the U.S. District Court for the District of Colorado, Colorado Springs Division.

No Warranty of Any Kind
MRIL provides the Website and all Content for informational purposes only and its use is a privilege to permitted users. MRIL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE WEBSITE OR THE CONTENT. USE OF THE WEBSITE OR THE CONTENT IS AT THE SOLE RISK OF THE USER. THE WEBSITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTARE HEREBY EXPRESS EXCLUDED AND DISCLAIMED.

The Website and all Content is provided without warranty for non-infringement. Access and use of the Website or Content and all links are subject to all applicable laws. The Content may include inaccuracies, typographical errors or other erroneous information. MRIL makes no warranty or promise that defects or errors in the Website or the Content will be corrected.

BY USING THE WEBSITE, YOU WAIVE AND RELEASE MRIL AND AGREE TO INDEMNIFY AND SAVE MRIL HARMLESS FROM AND AGAINST ALL CLAIMS, LOSSES, LIABILITIES OR EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE CONTENT, OR FROM YOUR VIOLATION OF THESE TERMS OF USE. THIS WAIVER, RELEASE AND INDEMNITY INCLUDES, WITHOUT LIMITATION, CLAIMS OR ALLEGED CLAIMS FOR OR IN RESPECT TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS. THIS IS TRUE EVEN IF MRIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR OTHERWISE SHOULD REASONABLY FORESEE ANY SUCH DAMAGES OR LOSSES.

THIS AGREEMENT IS INTENDED TO HAVE THE BROADEST POSSIBLE SCOPE UNDER APPLICABLE LAW BUT IS NOT INTENDED TO EXCLUDE OR LIMIT ANY RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. RIGHTS OR LIABILITIES ARE EXCLUDED OR LIMITED ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Product Applications Disclaimer
Additional information and specific warnings or disclaimers regarding use of MRIL products for fall protection, snow retention and solar applications are available elsewhere at the MRIL Website.

Other Important Matters
This Terms of Use Agreement (as revised from time to time) is the complete and exclusive statement of the agreement between you and MRIL with respect to use of and access to the Website. No waiver(s) by either MRIL or you of any breach of these Terms of Use is a further or continuing waiver of any other such past or future breach. If any provision of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving the rights and reasonable expectations of MRIL and you as stated above. You agree that any claim or cause of action that you have or acquire and arising out of or related to use of or access to the Website or the Content must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Any links from another website to the MRIL Website must resolve to the top-level homepage of the MRIL domain. Any such links must not state or suggest that MRIL endorses or participates in any non-MRIL website, product or service. MRIL’s Privacy Statement is hereby incorporated herein by reference. You agree not to mirror any material contained on the MRIL Website on any other server. The section headings in this Agreement are for convenience only and have no other effect.

View the Privacy Policy.