Terms & Conditions

Metro Sales, Inc.

Terms of Use

Metro Sales, Inc. (“Metro Sales”) is pleased to make the web site and services located at www.metrosales.com (the “Site”) available for your use and benefit. The following are terms of a legal agreement between you and Metro Sales. By using the Site you agree to be bound by the Terms of Use set forth below. Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with Metro Sales, unless otherwise directed by Metro Sales. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of any hyperlinks to this Site.

Collection of Visitor Information on this Site

Any information collected at this Site is governed by the Privacy Policy, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with us and use a login page, which is a part of the Site, and you must agree to be bound by any additional applicable terms and conditions.

USE RESTRICTIONS

Copyright. All software and content included on this Site or used in the operation of this Site, such as text, graphics, logos, button icons, images, audio and/or visual clips, and software, is the owned or licensed property of Metro Sales or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Metro Sales and protected by U.S. and international copyright laws. Metro Sales grants you permission to display and use content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site.

Trademarks. The trademarks, service marks, trade dress, “look and feel,” and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Metro Sales and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of the Trademark owner. Other product and company names that may be mentioned in this Site may be the Trademarks of their respective owners.

Limited Access. Except as otherwise expressly permitted by Metro Sales, any access or attempt to access other areas of a Metro Sales computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without Metro Sales’ prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason.

Additional Use Restrictions. As a visitor to this Site you shall not:

a. violate any applicable local, state, national or international statute, regulation, or law;

b. upload, post, use, or otherwise make available any content or information that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;

c. impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;

d. engage in any activities or manipulate identifying material to misrepresent the origin of content;

e. upload, post, use, or otherwise make available any content that is subject to any disclosure restrictions;

f. upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;

g. upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h. upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;

i. use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;

j. interfere with or otherwise limit the use of this Site by other users;

k. stalk or harass anyone;

l. collect, compile, or store personal information about other users of this Site;

m. share your password with others;

n. disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this Site or any affiliated or linked sites; or

o. use this Site for commercial purposes.

links to other Sites

This Site may contain links to other web sites. Additionally, other web sites may contain links to this Site. Metro Sales does not review or monitor the web sites linked to this Site and Metro Sales is not responsible for the contents or privacy policies of any other web sites. Any link established by Metro Sales does not in any respect whatsoever constitute an endorsement of the other web sites or create a relationship between Metro Sales and the operators of other web sites. Metro Sales disclaims any liability with respect to your use of any other web site, and you release Metro Sales from any liability related to your use of any link to another web site or your use of any other web site. Where this Site contains a link to another web site owned and/or operated by Metro Sales, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

ACCURACY

Information on this Site may contain typographical errors, inaccuracies, or omissions in relation to product or service descriptions, pricing, or availability. Metro Sales reserves the right to discontinue the sale of any product or service listed on this Site at any time without notice and correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Manufacturer warranty; Disclaimer of Warranties

If you wish to review the manufacturer warranty for any item listed on this Site, you may call us at 1-800-862-7414 and ask to receive a copy of the applicable warranty.

THIS SITE AND ALL CONTENT, materials, and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. METRO SALES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. METRO SALES MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER METRO SALES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR any damages, including, without limitation DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to use of this Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.

Under no circumstances whatsoever shall Metro Sales’ aggregate liability resulting from your use of this Site exceed Five Dollars ($5.00).

Indemnification

You agree to indemnify, defend, and hold Metro Sales and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that it shall incur or suffer which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Operation and Maintenance of this Site

Metro Sales may modify, change, suspend, terminate or discontinue the operation of this Site or the provision of any services without notice and Metro Sales reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you are a registered user this Site, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your username and password. Metro Sales reserves the right, without notice and in its sole discretion, to refuse service, terminate accounts, or remove or edit content.

Recording
By using this site, you accept that your browsing sessions may be recorded by Metro Sales.

CHANGES to Terms of Use

Metro Sales may revise these Terms of Use at any time without notice. Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that Metro Sales shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Applicable Law & Miscellaneous

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Metro Sales makes no representation or warranty that the products or services advertised or offered on the Site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by Metro Sales to exercise or enforce any provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, and any of Metro Sales’ rights arising out of them, may be assigned in whole or in part by Metro Sales at any time without necessity of notice to you. These Terms of Use may not be assigned in any manner by you without the express, prior written permission of Metro Sales.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with Metro Sales, venue shall be in the State of Minnesota only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of Minnesota.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Contact

For questions or comments related to this Site, the Privacy Policy, or these Terms of Use, please contact Metro Sales by e-mail at swallace@metrosales.com. Metro Sales shall have no obligations of any kind whatsoever to maintain any confidentiality with respect to any questions, comments, suggestions, and related materials you send Metro Sales. Any and all questions, comments, suggestions, and related materials that you send Metro Sales shall become Metro Sales’ exclusive property; and you hereby transfer, sell, and assign to Metro Sales all of your right, title, and interest in and to any such questions, comments, suggestions, and materials, including without limitation, any and all related patents, copyrights, moral rights, trademarks and service marks, patents, trade secrets, and other proprietary rights. Metro Sales shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

© 2022 Metro Sales Inc.
250 River Ridge Circle North, Burnsville, MN 55337