Terms and Conditions
This page states the Terms and Conditions for Use ("Terms") which apply to use of www.mbcea.org (“the Site”). The Metal Building Contractors and Erectors Association (“MBCEA”) created and maintains the Site as an on-line management portal and guide for association services. Use of the Site is subject to these Terms, which are accepted upon entry to any public or private portion of the Site. Acceptance occurs as soon as you enter the Site; so if you do not accept the Terms stated here as a user of the Site (“User”), do not use the Site, any of its related sites, or of the services or materials provide in the Site. By using the Site, you agree as the user to be bound by these Terms, including the Privacy Statement outlined below.
Eligibility User must be 18 years of age or older unless the age of majority as defined in User’s applicable jurisdiction is different. In the case where the age of majority is different than 18 years of age the older age of majority shall apply. By accepting these Terms and visiting mbcea.org, User represents and warrants to MBCEA that User has reached the applicable age of majority and that User has the right, authority, and capacity to agree to and abide by these Terms. User also represents and warrants to MBCEA that User will use mbcea.org in a manner consistent with any and all applicable laws and regulations. MBCEA and its agents are not liable for any User making a false representation regarding their eligibility to use the Site, using the site without reaching the age of majority, or otherwise violating this policy.
Use of Site Content MBCEA authorizes the User to view and access the content available on or from Site solely for User’s personal use. The contents of the Site and of all other links or web sites under MBCEA’s control (MBCEA uses mbcea.org and other Web sites, which will collectively be referred to as "MBCEA Sites"), whether partial or otherwise, are protected under both United States and foreign copyright, trademark, and other laws. This includes, but is not limited to, text, graphics, images, logos, button icons, software, and other content on the Site (collectively, "Site Content"). All Site Content is the property of MBCEA or its content suppliers or clients; and User is not licensed to use any Site Content under these Terms or otherwise.
User agrees that he or she will not use the Site Content for any prohibited, unlawful, or other improper purpose; and User further agrees that he or she will not use the Site Content for any purpose than the use for which it was intended unless specifically permitted herein or by written agreement with MBCEA. Unless specifically authorized by MBCEA in a separate writing, the use of Site Content on any other website, digital medium, publication, otherwise, including in a networked computer environment, is prohibited.
Ownership Rights MBCEA and its licensors own all rights, title, and interest, including without limitation all intellectual property rights in the Site Content, Products, and Services which are part or originate out of the Site. These intellectual property rights apply on a worldwide basis; and all intellectual property rights to all derivative work or enhancements of that work are covered by these ownership rights. By entering into this agreement and/or by using the Site, User will not acquire any intellectual property or similar rights in the Site Contents, Products, or Services other than a limited right to use those Site Contents, Products, or Services for User’s personal benefit. These Terms do not create any licensing rights in or for User.
Site Restrictions User may not use the Site or any Site Contents, Products, or Services to transmit, communicate, post, distribute, store, or destroy data, content, or other material in a prohibited or unlawful manner, including without limitation: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; (c) that is defamatory, obscene, threatening, abusive, or hateful; and/or (d) in a manner that would may be construed as discussions relating to market allocations, selling price, distribution area, or otherwise in violation of anti-trust laws. User also agrees that he or she will not use the Site or any Site Contents, Products, or Services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. User may not attempt to or actually obtain, use, or access any materials or information through any means not intentionally made publicly available or provided for through the Site.
Advertisers If User participates as an advertiser, User is solely responsible for all advertising content transmitted or submitted to MBCEA for use on the Site, whether directly to MBCEA or through the MBCEA Advertiser Program. This responsibility applies whether created by User or for User. Content to which this applies, includes, but is not limited to: (i) artwork, written content, images, photos, graphics, video, music, animation, data, text, information, URLs, hypertext links, scripts, and the content and material included in such components; and (ii) websites and content linked to or proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and/or participating as an advertiser, User may be required to read and accept additional written terms and conditions governing any submission of Ads for use on the Site (the "Advertiser Agreement"). MBCEA disclaims all liability relating to User’s Ads; and User agrees to defend, indemnify, and hold harmless for all claims, lawsuits, damages, losses or other possible liabilities to which MBCEA, any of its affiliated organizations, or any of its agents may be exposed as a result of User’s Ads.
By submitting Ads or Content for use on any part of the Site, whether accessible to the public or only MBCEA members, User grants to MBCEA and its affiliates an irrevocable, royalty-free, perpetual, non-exclusive right (including moral rights), and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate said Ads or Content to the public. This includes performing, displaying, and distributing such Ads or Content (in whole or in part), as well as to prepare derivative works of, or incorporate such Content into other works (in any form, media or technology now known or later developed) for the full term of any rights that may exist in such content, and to grant and authorize sublicenses of those rights.
No Representations and Warranties by MBCEA MBCEA does not represent, warrant, or guarantee the truthfulness, accuracy, or reliability of Site Content or Advertiser Content provided by third parties to MBCEA for publication. MBCEA does not represent that materials on the Site are appropriate for use in all jurisdiction or locations. Similarly, MBCEA does not represent, warrant, or guarantee that Site Content or Advertiser Content complies with relevant laws, regulations, and other rules. Users who choose to access the Site do so on their own initiative and are responsible for compliance with Site Terms, industry standards, and applicable laws, regulations, and other restrictions.
Copyright Agent MBCEA respects the intellectual property rights of others. As part of this, MBCEA requires that Users on the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise violates intellectual property protections, please forward the following information to MBCEA as designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Submitted, via certified mail, return receipt requested, with an emailed copy to:
Attn: Sasha Demyan
PO Box 3429
Bethlehem, PA 18017
Limitation of MBCEA’s Liability The Site is provided by MBCEA as an online management portal and guide for services provided by MBCEA to its members and the general public and as a tool for communication between members. MBCEA may take any action, at its sole discretion, with respect to the Site or the Site Content that it deems necessary or appropriate. This right includes, but is not limited to the right to remove content that MBCEA believes is inappropriate, unlawful, or could create liability for MBCEA or any of its affiliated organizations. MBCEA may also remove content, at its sole discretion, that it believes may or does damage the brand or public image of MBCEA or any of its affiliated organizations or which could cause MBCEA to lose the services of its ISPs or other suppliers for any reason. While MBCEA reserves the right to remove content or material from the Site at any time, MBCEA does not assume any obligation to do so and disclaims any liability for failing to take any such action.
IN NO EVENT SHALL MBCEA, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, "MBCEA ") BE LIABLE, WHETHER IN CONTRACT, TORT, BY WAY OF STATUTE, OR OTHERWISE FOR ANY LIABILITY OR DAMAGES RESULTING OR ARISING FROM USE OF THE SITE OR ANY SITE CONTENT, PRODUCTS, ADS, OR SERVICES PROVIDED ON THE SITE OR BY MBCEA OTHERWISE. USER WAIVES AND RELEASES ALL CLAIMS AND LIABILITY AGAINST MBCEA OR ANY OF ITS AFFILIATED ORGANIZATIONS. AS PART OF THIS LIMITATION OF LIABILITY, USER SHALL DEFEND, INDEMNIFY, AND HOLD MBCEA AND ITS AFFILAITED ORGANZIATIONS FROM ANY CLAIMS OR DAMAGES, INLCUDING DEFENSE COSTS, BY THIRD PARTIES IN RELATION TO OR ARISING FROM USE OF THE SITE OR ANY SITE CONTENT, PRODUCTS, ADS, OR SERVICES PROVIDED ON THE SITE OR BY MBCEA OTHERWISE. THE WAIVER, RELEASE, DEFENSE, INDEMNIFICATION, AND HOLD HARMLESS OBLIGATIONS OF THESE TERMS AND CONDITIONS INCLUDE ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, DIRECT DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES.
Site Content may contain inaccuracies or typographical errors. MBCEA makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any Site Content; and MBCEA makes no guarantee and or promise to achieve specific results from use of Site Content or Ads. User assumes the risk of any use of Site Content.
Disclaimer of Warranties THE SITE, INCLUDING, WITHOUT LIMITATION, ALL ADS, PRODUCTS, SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MBCEA MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER BY STATUTE, COMMON LAW, OR OTHERWISE, AS TO THE AVAILABILITY, ACCURACY, OR USEFULNESS OF THE ADS, PRODUCTS, SERVICES, CONTENT, FUNCTIONS, AND MATERIALS PROVIDED. SIMILARLY, MBCEA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE EFFECTIVENESS OF THE DATA OR DATA PROCESSING SERVICES, SECURITY, ACCESSIBILITY (INCLUDING UPTIME OR UNINTERRUPTED ACCESS), OR TIMELINESS OF THE SITE AND/OR SITE CONTENT. ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, TRADE USAGE, OR OTHERWISE ARE DISCLAIMED. MBCEA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES, MALWARE, COOKIES, OR OTHER HARMFUL SOFWARE THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF (1) YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR (2) YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR SOFTWARE FROM THE SITE. USER WAIVES AND RELEASES MBCEA AND ITS AFFILIATED ORGANIZATIONS OF ALL LIABILITY FOR DAMAGES CAUSED BY USE OF THE SITE. IF USER IS DISSATISFIED WITH THE SITE, USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Links to Content and Other Sites MBCEA and its affiliated organizations may add links to third party websites and content on the Site. These links are provided solely as a convenience to the User. They are not an endorsement by MBCEA or any of its affiliated organizations of the contents on such third-party websites. Similarly, all limitations of liability, disclaimers, and defense and indemnity obligations outlined in these terms apply to use of linked third party websites. MBCEA makes no representations or warranties regarding the content or accuracy of materials on such third party websites. User’s accessing linked third-party websites do so at their own risk.
Similarly, MBCEA and its affiliated organizations have created and link to social media sites. This data and information includes, but is not limited to, testimonials. These links are provided solely as a convenience to the User. They are not an endorsement by MBCEA or any of its affiliated organizations of the contents on such social media platforms. Similarly, all limitations of liability, disclaimers, and defense and indemnity obligations outlined in these terms apply to use of those social media platforms. MBCEA makes no representations or warranties regarding the content or accuracy of materials on such social media platforms. User’s accessing linked third-party social media platforms do so at their own risk.
Indemnity User agrees to defend, indemnify, and hold harmless MBCEA, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, actions lawsuits, demands, and/or damages, including without limitation legal, accounting, and other professional service and expert fees, that arise out or, result from, or relate to (i) posting or use of any Ads, Site Content, Product, Service, or other material posted on the Site, whether provided by User or otherwise, or (ii) User’s breach of these Terms. MBCEA shall provide notice to User of any such claim, suit, or proceeding within a reasonable time of learning about it.
Disputes In the event a dispute arises between User, MBCEA, and/or any third party, the dispute shall be submitted and settled in private arbitration or to a court of competent jurisdiction as outlined in these Terms at the sole discretion of the MBCEA. If the matter is submitted to arbitration, it shall be submitted to the American Arbitration Commercial Litigation Program for selection of a single arbitrator and administration of the case. All fees for the private arbitration shall be shared equally between the parties. The arbitration shall take place in Montgomery County, Pennsylvania and both the Federal Rules of Civil Procedure and the Federal Rules of Evidence shall apply. Any decision rendered by the arbitrator shall be final and binding. In the event the matter is brought in court, User agrees that any action that may arise under the Terms or in relation to the Site shall be commenced and heard in state or federal court of Montgomery County, Pennsylvania. User agrees and submits, by using the Site, to the personal and exclusive jurisdiction of the courts located within Montgomery County, Pennsylvania.
Miscellaneous These Terms and the relationship between MBCEA and User shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any conflict of law provisions. The failure of MBCEA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver, in whole or in part, of any provision of these Terms by MBCEA must be made in writing and signed by an authorized representative of MBCEA with specific reference made to the Terms and the provision to be waived. Headings used in these Terms are for convenience only and are not to be relied upon. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision; and the other provisions of the Terms remain in full force and effect. These Terms will inure to the benefit of, and are intended to be enforceable by, MBCEA’s agents, affiliated organizations, successors, assigns and licensees.
Collection of Information by MBCEA By using the Site, MBCEA may request that a User provide personal information, including your name, mailing address, email address, telephone number, or other data and information that would personally identify the User. This includes generalized background information to differentiate between User’s and track activity on the Site. User’s should understand that there is information about User’s computer hardware and software that is or may be collected by MBCEA when User enters or uses the Site for any purpose. This information includes, without limitation, User’s IP address, current location, browser type, domain names, access times, browsing history, device type, and referring website addresses; but this additional data is not linked to a User’s personal information. MBCEA also gets and collects information from User’s use of our services, including how User utilizes them. Specifically, our server automatically collects data about the server for User’s Internet address, including IP Address and Clickstream Data, when User enters or uses the Site for any purpose. When User requests pages from our web site, our servers may log User’s IP Address and your domain name. User’s IP Address is used to help identify User and gather demographic information about MBCEA’s customers and members as a whole; but this data does not include and is not linked to personally identifiable information. MBCEA’s server may also keep a running record of the referring page that linked User to the Site (e.g., another web site or a search engine), the portions of Site User visited and/or the Site Content viewed or downloaded, any search terms User entered on the Site or referral site, and other web usage activity and data logged by our web servers. If you do not wish for any part of the data outlined in this section to be collected, refrain from using the Site.
MBCEA’s Use of User’s Information MBCEA uses the information gathered on the Site – whether personal, demographic, technical, or otherwise – for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the products and services that MBCEA offers. MBCEA may use your contact information in order to send you email or other communications regarding updates on the Site. The nature and frequency of these messages will vary depending upon the information we have about a User. MBCEA additionally may employ internet tracking and analytic tools such as Google Analytics to better understand and deliver a positive user experience. MBCEA may also use the information that gathered for internal system administration, to help diagnose problems with its server, and to administer the Site. Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. MBCEA may link this information with personal information collected about you.
Disclosure of Personal Information to Others MBCEA does not disclose the personal information of users to third parties. This includes User’s combined personal and demographic information or information about User’s activity on the Site. There are, however, exceptions to this general rule: (1) MBCEA discloses information to companies and individuals it employs to perform functions on its behalf, including hosting web servers, analyzing data, providing marketing assistance, providing customer service, and/or for purposes of obtaining professional services; (2) if MBCEA has a good-faith belief that access, use, preservation, or disclosure of the information in its possession is reasonably necessary to meet any applicable law, regulation, legal process or enforceable governmental request, including via subpoenas; (3) to enforce applicable Terms, including investigation of potential violations; (4) to detect, prevent, or otherwise address fraud, security, or technical issues in relation to the Site or MBCEA; and (5) to protect against harm to the rights, property, or safety of our users or the general public as permitted by law. In the event any of these exceptions applies, the parties to whom the information is disclosed may have access to your personal information as necessary to perform their functions. MBCEA will take reasonable steps to ensure those third parties do not share User’s information with any other third party.
Access to, Opt-Out, and/or Modification of Your Information MBCEA may provide Users, and in particular members of MBCEA, limited access to or the ability to modify their personal information. Whenever User utilizes MBCEA’s services, MBCEA aims to provide Users with access to their personal information. If that information is wrong, MBCEA strives to give the User ways to update it quickly or to delete it – unless MBCEA is required to keep the information for legitimate business or legal purposes. When User’s update their personal information, MBCEA may ask the User to verify his or her identity before we can act on the request.
User’s receiving newsletters, commercial emails, or other communications from MBCEA through the Site may opt-out by (1) selecting an appropriate link in those email communications to opt out or (2) by sending an email to email@example.com. MBCEA retains all the information we gather about Users indefinitely in an effort to make repeat uses of the Site more efficient, practical, and relevant. To the extent that MBCEA utilizes the Google Analytics tools available to it, User has options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/.
Security of the Personal Information MBCEA has implemented commercially reasonable technical and organizational measures to secure users personal information from accidental loss and/or unauthorized access, use, alteration, or disclosure. Cyber threats change rapidly, however, and MBCEA cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. MBCEA makes no representations or warranties that the system it has in place to protect personal information guarantees no breach will occur. MBCEA restricts access to personal information to Site employees, contractors, and agents who need to know that information in order to process it for MBCEA. Those personnel are subject to confidentiality guidelines and related contractual obligations; and breaches of these guidelines are subject to discipline or termination upon failure to meet these obligations.
Contact Information The Site operates under the control of the MBCEA, a Texas Company, with its principal place of business at 3005 Brodhead Road, Suite 287, Bethlehem PA 18020.