TERMS AND CONDITIONS

Metro Technology Laboratory ENCOURAGES ALL NEW CUSTUMERS TO TAKE A FEW MINUTES BEFORE USING THIS WEBSITE TO CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF USE.

ACCEPTANCE OF TERMS OF USE

The use of this Site is subject to the following Terms and Conditions which constitute a legal agreement between the user and Metro Technology Laboratory by using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Please review; if you agree with the Terms and Conditions, use responsibly.

Users are prohibited from posting or transmitting material to or from this site (www.metrotechlab.com) that is unlawful, frightening, offensive, libelous, provocative, obscene, immoral, pornographic, or capable of giving rise to any civil or criminal liability under the law.

MODIFICATIONS OF TERMS OF USE

Metro Technology Laboratory reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time.  If the alterations constitute a material change to the Terms of Use, Metro Technology Laboratory will notify you by posting an announcement on the Site.  What constitutes a “material change” will be determined at Metro Technology Laboratory’s sole discretion, in good faith and using common sense and reasonable judgment.  You are responsible for reviewing and becoming familiar with any such modifications.  Use of the Site by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

MISCELLANEOUS

The use of the Metro Technology Laboratory website is governed by the laws of the state of Illinois, U.S.A., without consideration of any other law, or principles of conflict of laws. Said laws will govern these “Terms and Conditions” and any dispute that might arise between any customer and Metro Technology Laboratory

Privacy Policy and Legal Disclaimer

At Metro Technology Laboratory, your privacy is a primary concern as we make every effort to preserve it. In the course of providing the Products or performing the Services, Metro Technology Laboratory and the customer may exchange proprietary or confidential information. The parties will identify, in writing, such information as confidential and/or proprietary. If a party intends to disclose confidential information to the other party orally, the disclosing party shall (a) alert the other party of the confidential nature of the disclosure prior to the disclosure and (b) provide written notice to the other party of the confidential nature and contents of such disclosure within ten (10) days after making the original disclosure. Each party will use its commercially reasonable efforts to maintain such information in confidence and will employ reasonable and appropriate procedures to prevent its unauthorized publication or disclosure. That being said, we may need to disclose personal information when required by law, or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with legal processes served on our Web site.

Copyright

The content of this site in its entirety, including but not limited to code, graphics and text, is copyrighted under the United States and other international copyright laws; it is recognized as Metro Technology Laboratory property.

Metro Technology Laboratory reserves all rights to copy and/or make hard print copies of any portion of this website. The making of electronic and printed copies of any part of this website is permitted for non-commercial use only, or for the purpose of placing an order from Metro Technology Laboratory

Distribution, reproduction, transmission, modification and any other method of piracy pertaining to the code, pictures, and text of this site is strictly prohibited by Metro Technology Laboratory, unless written authorization has been obtained.

Trademarks

Metro Technology Laboratory and its logo are registered trademarks. The use of the Metro Technology Laboratory name and logo without written authorization from Metro Technology Laboratory is strictly prohibited.

Electronic Communications

We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

Limitation of Liability

Metro Technology Laboratory will not be liable for penalties or liquidated damages or for special, indirect, consequential, punitive, exemplary or incidental damages of any type or kind (including, without limitation, lost profits or amounts expended in using, storing, or maintaining any such Products) regardless of whether any such losses or damages are characterized as arising from breach of contract, breach of warranty, tort, strict liability or otherwise, even if Metro Technology Laboratory is advised of the possibility of such losses or damages, or if such losses or damages are foreseeable.

Metro Technology Laboratory’s liability, regardless of the form of action, shall be limited to actual damages and shall not exceed the total price paid for the Products or Services with respect to which such liability arises. In no event shall Metro Technology Laboratory be liable for any damages arising from or in connection with any decision by the customer or any third party to further research, develop or market any test articles or any derivative, product or service related thereto (or to the Products or Services), or the use of any test articles or any derivative, product or service related thereto (or to the Products or Services).

Subject to the limitations set forth in this Section, in the event that Metro Technology Laboratory commits a breach of the limited warranty set forth in the Limited Warranty Section above, Metro Technology Laboratory’s sole liability, and the customer’s sole remedy, shall be for Metro Technology Laboratory to (a) replace the Products or issue a credit therefore or (b) conform the portion of the Services giving rise to the breach to the relevant specifications.

WARRANTY DISCLAIMERS

Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Metro Technology Laboratory makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER METRO TECHNOLOGY LABORATORY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF METRO TECHNOLOGY LABORATORY , COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. METRO TECHNOLOGY LABORATORY IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL METRO TECHNOLOGY LABORATORY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL METRO TECHNOLOGY LABORATORY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

SECURITY

Users are prohibited from violating or attempting to violate the security of the site. Metro Technology Laboratory will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

Documents and samples

All field notes, laboratory test data, calculations, estimates and other documents, data or information prepared by or on behalf of Metro Technology Laboratory in connection with the performance of its service (collectively, “documents”), shall remain the sole property of Metro Technology Laboratory. All documents prepared by Metro Technology Laboratory for the client with respect to any site shall be used solely for the intended purposes described in the proposal, and solely with respect to the subject site. Unless otherwise agreed, Metro Technology Laboratory shall retain all documents for five (5) years following submission of Metro Technology Laboratory’s report to the client. Documents shall be made available to the client upon written request and upon reasonable notice, and Metro Technology Laboratory shall furnish copies to the client upon payment to Metro Technology Laboratory by the client of the cost of reproduction and related expenses. In its sole discretion and without prior notice to the client, Metro Technology Laboratory may dispose of all field samples within thirty (30) calendar days after submission of Metro Technology Laboratory’s report to the client.

Billings, payment and credit

The client shall pay Metro Technology Laboratory for the services performed in accordance with the prices set forth in the price list given to each client. Invoices shall be submitted in accordance with the reports. Metro Technology Laboratory reserves the right to cancel or modify payment terms of the proposal if the client does not meet the credit requirements of Metro Technology Laboratory. In addition, if the potential financial condition of the client were to change due to lawsuit, bankruptcy, or other significant incidents, or if Metro Technology Laboratory were to become aware of such change during the time frame of performing the services, Metro Technology Laboratory reserves the right to cancel or modify the payment terms of the proposal. Payment of the Metro Technology Laboratory invoices shall be the primary, absolute and non-contingent obligation of the client, and shall not be conditioned upon the closing of a loan transaction or any other event. Payment is due upon receipt. If Metro Technology Laboratory does not receive payment in full within thirty (30) calendar days of the date of the invoice, the account shall be deemed delinquent. Unpaid delinquent balances shall bear interest from the invoice date at one and one-half percent (1.5%) per month, or at the maximum lawful interest rate (whichever rate is less). If a delinquency occurs, Metro Technology Laboratory may, at its option (and without relieving the client from its payment obligation), revoke and disclaim the client’s right to rely on any report delivered pursuant to the proposal, until payment in full is made. The client shall be liable to Metro Technology Laboratory for all costs and expenses of collection, including reasonable attorney and paralegal fees, and court costs. Time is of the essence with respect to this provision. Metro Technology Laboratory’s non-exercise of any rights or remedies, whether specified herein or as otherwise provided by law, shall not be deemed a waiver of any rights or remedies, nor preclude Metro Technology Laboratory from the future exercise of such rights or remedies. If a third party is accepting a proposal as agent for the client, such third party represents and warrants to Metro Technology Laboratory that it is duly authorized to bind the client to the terms of the proposal and guarantees payment for services.

Typographical Errors

Metro Technology Laboratory takes great care to prevent errors on this site. However, due to the possibility of human error, the slight chance of an incorrect price being listed does exist. Therefore, Metro Technology Laboratory reserves the right to refuse or cancel any order placed at an incorrect price, whether or not the order has been confirmed and your credit card has already been charged. If this is the case and your order is canceled, Metro Technology Laboratory commits to credit your account for the exact amount of the incorrect price. We apologize in advance for any inconvenience this policy may cause, but we will not perform any action without notification.

Use of Metro Technology Laboratory Site

The following is strictly forbidden on this web site:

  • Harassing behavior via e-mail or chat, using obscene or offensive language in any way.
  • The impersonation of others; “others” being any Metro Technology Laboratory visitor, costumer, employee, etc.
  • The uploading, distribution or transmission of any defamatory, aggressive, obscene, insulting, or illegal content, as well as content which may constitute a criminal offense or violate the rights of others.
  • The uploading of any commercial use information for any purposes, including but not limited to the asking of others to join or become members of any other commercial online corporation or organization.

 Indemnification 

All users of this web site must agree to indemnify Metro Technology Laboratory and its Service Providers (officers, directors, employees, agents, licensors and suppliers, etc.) from and against all damages, losses, expenses and/or costs as a result of the infringement or violation of any Metro Technology Laboratory terms, conditions and policies. This includes but is not limited to attorneys’ fees.

In addition, all Metro Technology Laboratory web site users agree to indemnify this company, for any unlawful activity related to their account, regardless of whether the violation was made by the customer or by another person accessing the site using their Internet account.

FORCE MAJEURE

Metro Technology Laboratory shall not be responsible for any delays arising, directly or indirectly, from fires, floods, earthquakes, explosions, strikes, labor difficulties, acts of terrorism, riots, war, insurrection, embargo, government decrees or orders, civil or military authority, acts of animal activism, failure or curtailment of Metro Technology Laboratory’s usual sources of supply, acts of God, or any other event, occurrence or condition which is beyond Metro Technology Laboratory’s reasonable control.

THIRD PARTY LINKS

Metro Technology Laboratory provides links to other web sites solely as added value; therefore, you access them at your own risk. Metro Technology Laboratory has no control over these linked sites; all of them contain their own privacy policies, data collection practices, terms and conditions. We are not responsible for any aspect of the material that the sites of the third party links provide, including but not limited to its accuracy and content.

In addition, we deny any liability of such material or of any consequence arisen from your decision to use the links provided. If you have any feedback regarding these third party links, we are more than happy to listen to your personal opinion without being held liable.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

These terms and conditions are applicable to all users from the moment they access the Metro Technology Laboratory website. We reserve the right to make changes to our site, policies, term and conditions, at any time, for any reason.

Each provision of these terms and conditions is severable, and if any provision shall at any time be held to be contrary to law or invalid or unenforceable, the remaining terms, conditions and provisions shall not be affected thereby but shall remain in full force and effect. As used in this Section “provision” shall mean and include any word, clause, sentence, sub-paragraph, paragraph, section or portion of these terms and conditions.