MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. (MSMA Website) Terms of Use and Notices

Last Updated: April 2004

AGREEMENT between YOU and MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC.

This is an agreement ("Agreement") between you and MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. This Agreement governs your use of any Web site ("MSMA Website") or Web page ("MSMA page") operated by MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. OFFERS THE ("MSMA Website") TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.

YOUR USE OF THE ("MSMA Website") CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY

HOW MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. MAY MODIFY THIS AGREEMENT

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. reserves the right to change the terms, conditions, and notices under which it offers the ("MSMA Website"), including any charges associated with the use of the ("MSMA Website").

You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ("MSMA Website"). Your continued use of the ("MSMA Website") after the effective date of such changes constitutes your acceptance of and agreement to such changes.

ADDITIONAL TERMS

The ("MSMA Website") may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ("MSMA Website"), including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within the ("MSMA Website"), then the terms in this Agreement shall control.

NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ("MSMA Website")

The ("MSMA Website") are only for your use.

You will not use the ("MSMA Website") for commercial purposes or in any way that is unlawful, or harms MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., its members, affiliates, resellers, distributors, service providers and/or suppliers or any customer of the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., as determined by the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC.'s sole discretion.

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may tell you about certain specific harmful uses in a code of conduct or other notices available through the ("MSMA Website"), but has no obligation to do so. You may not use the ("MSMA Website") in any way that breaches any code of conduct, policy or other notice applicable to the ("MSMA Website"). Without limiting the generality of this section, you may not use the ("MSMA Website") in any manner that could damage, disable, overburden, or impair the ("MSMA Website") or the network(s) connected to the ("MSMA Website") or interfere with any other party's use and enjoyment of the ("MSMA Website").

SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the ("MSMA Website") to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ("MSMA Website") in any way that violates the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ("MSMA Website") includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ("MSMA Website") even if such e-mail does not violate the Anti-Spam Policy.

MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. related to the ("MSMA Website") (a "Submission"), you grant MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the ("MSMA Website"), and (2) sublicense these rights, to the maximum extent permitted by applicable law. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. will not pay you for your Submission. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. or any customer of MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC.

SOFTWARE

Your use of any software associated with the ("MSMA Website") will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ("MSMA Website") and in accordance with this Agreement. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the ("MSMA Website").

INFORMATION AVAILABLE FROM THE ("MSMA Website")

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the ("MSMA Website") including member information, even if such information appears in any e-mail, pager, cell phone or other alerts available through the ("MSMA Website"). MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. and its suppliers do not authorize the use of information available from the ("MSMA Website") including member information or other financial information, for any purpose other than your use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the ("MSMA Website") is intended to constitute professional advice, including but not limited to, design, investment or tax advice.

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. MAKES NO WARRANTY

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. PROVIDES THE ("MSMA Website") "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ("MSMA Website") WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ("MSMA Website"), EVEN IF SUCH MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ("MSMA Website"), YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. WITH RESPECT TO THIS AGREEMENT OR THE ("MSMA Website"), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ("MSMA Website").

CHANGES TO THE ("MSMA Website"); ADDITIONAL LIABILITY LIMITATION

THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. MAY CHANGE THE ("MSMA Website") OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ("MSMA Website"), you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC.

WITHOUT LIMITING THE GENERALITY OF ANY SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF ANY SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ("MSMA Website"), (2) ANY INCOMPATIBILITY BETWEEN THE ("MSMA Website") AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ("MSMA Website") IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE ("MSMA Website"). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN ANY SECTIONS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

TERMINATION; ACCESS RESTRICTION

MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may terminate this Agreement, or terminate or suspend your access to the ("MSMA Website") at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ("MSMA Website") will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE ("MSMA Website") MAY NOT BE RETRIEVED LATER.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Under this Agreement with the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation of the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., without reference to conflict of laws principles. Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation of the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your province of residence in Canada, or, if you reside outside Canada, under the laws of the country to which the subject ("MSMA Website") is directed. You hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for the MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. in all disputes arising out of or relating to the use of the ("MSMA Website").

INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ("MSMA Website"). Except as expressly stated herein, this Agreement constitutes the entire agreement between you and MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. with respect to the ("MSMA Website") and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. with respect to the ("MSMA Website"). The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND THE MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ("MSMA Website") MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the ("MSMA Website") are Copyright 2004 MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. and/or its suppliers,. All rights reserved. MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC., MSMA, MSMA Website,  MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. logo, and/or other MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. products and services referenced herein may also be either trademarks or registered trademarks of MEMBRANE STRUCTURES MANUFACTURERS ASSOCIATION, INC. in Canada and/or other countries. The names of companies and products mentioned herein may be the trademarks of their respective owners. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.