These Website Terms of Use explain the contractual agreement between you, who uses this web site and agrees to these Terms of Use ("you", "your"), and Flexible Metal, Inc., and its subsidiaries and affiliates (ìFMIî, "we", "us", "our") regarding your use of this web site ("FMI Web Site") and activities and purchases conducted through the FMI Web Site.

We recommend that you print a copy of these Terms of Use for your records.  If you have any questions about these Terms of Use, please send an email to webmaster@flexiblemetal.com with "TERMS OF USE QUESTION" in the subject line.

1.  "Agree"

By using this site, you signify your acceptance of these Terms of Use. Furthermore, at various times within the FMI Web Site you may be required to click ìSubmitî or similar buttons to register and participate in certain activities or to make purchases. Your act of ìclickingî the button signifies your further acknowledgement and agreement with these Terms of Use.  We will try to remind you at various times of these Terms of Use and your agreement with them, and you are encouraged to review them often.  Please note, however, that our failure on any web page to make specific notice of these Terms of Use does not mean that they are not applicable. These Terms of Use apply to the entire FMI Web Site and all functionality, features and content offered by us through the FMI Web Site. If you are dissatisfied with these Terms of Use, your sole remedy is to discontinue your use of this site.

2.  Updates and Changes to the Terms of Use

We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them from time to time as your continued use of the FMI Web Site after a change has been made signifies your acceptance of any changed items. If you have registered with us and provided an email address, we will send you an email when these Terms of Use are changed. We may also add, delete or modify some or all of our products or services at any time. You may only amend these Terms of Use with a writing signed by both of us.

3.  Ownership; Intellectual Property Rights

The FMI Web Site and all intellectual property rights included in or related to the FMI Web Site (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the FMI Web Site and the intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify, create derivative works with respect to, download or otherwise exploit for any commercial use the FMI Web Site or any images, logos, trademarks or other content included in the FMI Web Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the FMI Web Site or its content. All trademarks, service marks, brand names, and corporate logos displayed on the FMI Web Site are the property of FMI or its licensors, and may not be used in any way without prior written approval by FMI. Access to the FMI Web Site does not grant to the user any license under any patents owned by or licensed to FMI.

4.  Warranty Disclaimer

Although every care has been taken to assure the accuracy of the information on the FMI Web Site, FMI provides this information "AS IS". You acknowledge that your use of the FMI Web Site is at your sole risk, that you assume full responsibility for all costs associated with use of the FMI Web Site, and that FMI shall not be liable for any damages of any kind related to your use of the FMI Web Site. ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE FMI WEB SITE OR AGAINST INFRINGEMENT. We do not warrant that the FMI Web Site will be uninterrupted or error free, that defects will be corrected, or that the FMI Web Site or the server that makes it available are free of viruses or other harmful components. Any warranties and representations for FMI products or services that you purchase or use will be subject to the agreed upon terms and conditions in the contract for such product or service.

5.  Limitation of Liability

NEITHER FMI NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE FMI WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE FMI WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE FMI WEB SITE EXCEED US$100.

6.  Links to Third Party Websites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites.

7.  Links to the FMI Web Site

Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the FMI Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "Flexible Metal, Inc. " or "www.flexiblemetal.com"; (b) the link must "point" to the URL "www.flexiblemetal.com" and not to other pages within the FMI Web Site; (c) the link, when activated by a user, must display the FMI Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.

8.  System Integrity

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, denial of service attacks or other malicious code or routines, intended to damage or interfere with the proper working of the FMI Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the FMI Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to ìspamî or other such unsolicited mass e-mailing techniques.

9.  Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the site and your purchase of the items on the site. You must be 18 years or older to use the FMI Web Site.

10.  User Communications, Feedback and Submissions

The FMI Web Site may have functionality that permits public communication, including public postings and e-mail links. You agree not to submit, publish, distribute, or transmit through the FMI Web Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted by third parties on the FMI Web Site and we are not liable for any such information, including but not limited to any information posted about you. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. We reserve the right to take any action with respect to information posted on the FMI Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, monitor or control the information provided by users or content providers which is made available through our system.

11.  Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneysí fees) resulting from your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you.

12.  Governing Law and Jurisdiction

The FMI Web Site is controlled and operated by us from our offices within the Commonwealth of Pennsylvania, United States of America. Although it may be technically accessed from all 50 states as well as from other countries around the world, you agree that your use of the FMI Web Site shall be construed to be made from within the Commonwealth of Pennsylvania and you agree that these Terms of Use and your use of the FMI Web Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to conflict of laws provisions. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Allegheny County and further agree that any cause of action you may bring arising under your use of the FMI Web Site shall be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Allegheny County.

13.  Other General Provisions

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

14.  How To Contact Us

Contact information is presented in the page footer at the bottom of each page in the Web site.