ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING www.mbastuds.com (THIS “WEB SITE”). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS COPYRIGHT STATEMENT AND TERMS OF USE (COLLECTIVELY, “TERMS OF USE”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

MBA Building Supplies, Inc. and its affiliates (collectively, “MBA Building Supplies” or “MBA”) reserve the right to modify these Terms of Use without notice and any modifications are effective when they are posted here. MBA may, at any time, in its discretion terminate your access to this Web site. Access to the Web site may be monitored by MBA. If you are accessing this Web site as a representative of an organization, these Terms of Use bind both you individually and the organization and references to “you” and “your” shall be construed to apply to you individually and the organization.

As MBA maintains copyright protection in all materials, information and publications (collectively, “Web site information”) it places on this Web site, MBA consents to ordinary downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. All content, graphics, code and software used on or incorporated into this Web site and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to MBA and all rights thereto are specifically reserved. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MBA. Permission is granted to display, copy, distribute and download the materials on this web site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without MBA’s written permission, “mirror” any material contained on this Web site on any other server. Any unauthorized use of any material contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. In consideration of this consent, you agree that copies of the Web site information will retain all copyright and other proprietary notices and that you will not modify the Web site information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web site information, in whole or in part, without the prior written consent of MBA.

As a condition of your use of this Web site, you will not use the Web site or the Web site information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web site in any manner that could damage, disable, overload or impair the operation of this Web site or use by third parties.

Certain restricted product information is available on this Web site only to licensed customers of MBA that are registered to receive information via passwords issued by MBA. This restricted information is considered confidential and proprietary information of MBA. If you are a registered customer or a representative of a registered customer, MBA authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by MBA. Issuance of a registration password is conditioned on the customer’s use of the information in accordance with the terms of its license or service agreement with MBA. You shall not transfer your password to unauthorized parties. You will immediately notify MBA of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web site information or area within this Web site.

Certain information available on this Web site is provided by other parties, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that MBA has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a Web link to another party’s Web site an endorsement of such other party, their products or their services.

You may link to the MBA home page, but are not authorized to link to any other page on the MBA Web site without the prior express written consent of MBA provided that MBA reserves the right to withdraw this consent at any time in its discretion. You may not use any of MBA’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by MBA; 2) cause confusion, mistake, or deception; 3) dilute MBA’s trademarks, service marks or trade names; or 4) otherwise violate applicable law.

MBA makes no representations or promises to develop, provide or market any software, service or product discussed on this Web site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or currently anticipated to be made available in the future.

MBA does not guarantee that the information contained in this Web site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. MBA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information on this Web site at any time without prior notice.

Web site information may refer to products, programs or services that are not available in your country. Consult your MBA representative for information about the products, programs and services that may be available to you.

Any software that is available for download from this Web site is the copyrighted property of MBA and/or its suppliers. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web site, if any, is governed by the terms of the agreement applicable to that product or service.

Neither MBA nor any of its affiliates or suppliers or its or their officers, directors, employees, agents, representatives or subcontractors shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of MBA. MBA shall have no responsibility to provide access to this Web site while the interruption of this Web site due to any such cause shall continue. MBA may discontinue providing access to this Web site at any time.

Limitation of Liability
THIS WEB SITE AND ALL WEB SITE INFORMATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT SHALL MBA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS SITE OR ANY SITE LINKED TO www.mbastuds.com. WITHOUT LIMITING THE FOREGOING, MBA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify and hold MBA harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Web site or any Web site information.

Export and Trade Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web site or any Web site information provided on or pursuant to this Web site except in full compliance with all United States, foreign and other applicable laws and regulations.

Submissions
Any information, material or idea you submit to this Web site by any means will be treated as non-confidential and non-proprietary and may be used by MBA and its affiliates for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web site will be used by MBA in accordance with its Privacy Policy. You shall not post or otherwise transmit to or from this Web site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Restricted Rights Legend
The material provided on the Web site is protected by law, including but not limited to, United States Copyright Law and international treaties. U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED — RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. Use, duplication, or disclosure by the U.S. Government of any Web site information (all technical data is “Limited Rights Data”) or any software (all of which is “Commercial Computer Software”) downloaded from this Web site is subject to restrictions set forth in FAR Section 52.227-14 Alt. III (g)(3), FAR Section 52. 227-19, DFARS 252.227-7014 (b) or DFARS 227.7202, as amended from time to time. Contractor/Manufacturer is MBA, 809 East Park Avenue, Libertyville, IL 60048. Any contract notices should be sent to this address.

Severability; Governing Law
If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce these Terms of Use. These Terms of Use are governed and interpreted pursuant to the laws of the State of Illinois, notwithstanding any principles of conflicts of law.

See MBA’s Privacy Policy relating to the collection and use of information through this Web site.