|
|
Our Pricing Service Agreement ("Agreement") is by and between The Scrap Metal Exchange™ ("MPS"), a/an Delaware LLC, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic or manual execution. This Agreement sets forth the terms and conditions of Your use of our Pricing Service ("MPS") and represents the entire Agreement between You and MPS. You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which MPS may establish from time to time. Pricing is free of charge to you, the Seller. MPS earns its money from the Buyer. In addition to transactions entered into by MPS on Your behalf, You agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You`ve established with MPS, whether or not the transactions were in Your behalf. You acknowledge that MPS `s acceptance of any application made by You for services provided by MPS will take place at MPS `s offices located in Elgin, Illinois, USA or at the agreed upon location of such Buyer. |
1. Application and Service details |
The Application is a non-exclusive agreement and a memo of understanding.
MPS will get Please Type in your Company's Full Name ("You" and "Your") all of the information in writing and grants You a non-exclusive license to use MPS for the purpose of competitive national pricing for scrap metal, and other such scrap metal purposes as are ordinary and customary. You are free to use MPS on any computer, but the same project may not be modified on more than one computer at one time. Once we have negotiated the best price you agree to deliver an approximate amount of scrap metal to negotiated Buyer for a set term of 12 months. Application Particulars MPS is an online web site preparation tool which is designed to assist You in achieving the best scrap metal pricing and rate quotes. Using MPS will give You the ability to use our economy of scale, technology and leverage our existing international networks of scrap metal buyers, refiners, precessors, etc,. Among other things, You will be able to: - Select from more than 100 buyers.
- Engage in scrap metal sales and pricing with a 20% better return;
- Share in our economy of scale with others by listing information;
Your Scrap Metal You are responsible for ensuring that your scrap metal packages are delivered with the upmost integrity, conforms to all EPA, local, state, federal, and international laws. You affirmatively acknowledge that MPS is relying on Your representation concerning Your proper use of all scrap metal you are selling. Legal Agreements You acknowledge that You and a MPS approved Buyer (" Provider") have entered into a Service Agreement ("Service Agreement"). You agree to be bound by the agreements. The Limitations MPS is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, MPS explicitly reserves the right to terminate Your Services if it comes to MPS `s attention that You are using MPS to participate in objectionable activities, which include, but are not limited to, the following: selling stolen goods; activities prohibited by the laws of the United states and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, terrorism; activities that are tortious, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way. |
2. The Scrap Metal Exchange™ rights |
MPS retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to get the best scrap metal pricing. - Censor any Seller deemed inappropriate.
- Review every account for excessive waste and quality utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels.
- Modify pricing through email notification.
- Terminate Your agreement for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that MPS determines to be harmful to subscribers, operations, its reputation, or otherwise.
- Terminate Your Agreement if Your use of our results in, or is the subject of, legal action or threatened legal action against MPS or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your Agreement shall be made solely by MPS, and in so doing, MPS shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
|
3. Liability & indemnification |
MPS provides its services without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall MPS be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if MPS has been advised of the possibility of such damages arising from any defect or error in the Application. You shall indemnify, defend by counsel reasonably acceptable to MPS, protect and hold MPS harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants` and attorneys` fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of MPS |
4. Severability |
| You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. |
5. Venue; waiver of trial by jury |
This agreement shall be deemed entered into the state of Delaware. the laws and judicial decisions of Delaware, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Delaware You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement. |
Please type your name as the authorized person and so we can call you back.:
Please Fill Out Below and we will process your information and get right back to you |
|
|
|
| | | | |
