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  • Terms of Use


  • TERMS OF USE AGREEMENT

     

    Acceptance of Terms

     

    PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.  NCI Group, Inc. d/b/a MBCI (together with its affiliated and related entities, the “Company”) welcomes you.  The Company provides its service to you subject to this Terms of Use Agreement (the “Terms of Use”).  The Company Privacy Policy, available through the link at the bottom of this page, also forms part of these terms and is incorporated herein by reference.  The Company reserves the right to update or amend the Terms of Use and/or the Privacy Policy at any time without notice to you.  You can review the most current version of the Terms of Use by clicking on the “Terms of Use” link located at the bottom of our web pages.

     

    Description of Services

     

    The Company, through its web properties “www.mbci.com,” “mbcionline.com” and “mbciservicecenter.com (collectively referred to as the “Company Website”), provides you with a variety of resources, including, without limitation, the catalog or Company products, news and information about the Company, your account information, and the ability to communicate electronically with the Company available on or through the Company Website (the “Services”).

     

    Changes to Terms and Conditions

     

    The Company may, from time-to-time, and in its sole discretion, modify these Terms of Use.  The Company reserves the right to impose charges for any features or services.  The modified Terms of Use will be effective immediately upon posting.  You understand and agree that your continuing use of the Company Website shall constitute your unequivocal acceptance of and agreement to the new posted Terms of Use.  You further agree to review the Terms of Use periodically and your continued use of the Company Website following such modification will indicate your acceptance of any modified Terms of Use.  If you do not agree with the modified Terms of Use, your only remedy shall be to discontinue using the Company Website.

     

    Privacy Policy

     

    See the Company Privacy Policy on this website for information regarding the collection and use of your personal information and regarding any non-personal communication you post or transmit to the Company.  You consent to the Company using such information and materials collected by the Company Website under the terms of the Company Privacy Policy. 

     

    Intellectual Property

     

    All materials displayed on, or contained within, the Company Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the “Materials”), are the property of the Company or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws.  The Company name, designs and related marks contained within the Materials are trademarks of the Company.  You acknowledge and agree that the Company Website and the Materials are the property of the Company and its respective service providers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the Company Website or in the Materials.  The Company Website and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws. 

     

    The Company hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the Company Website) only for noncommercial and personal use and only in accordance with these Terms of Use.  Any copies that you make of the Materials must retain all copyright and other notices in accordance with applicable law.  Use of the Materials, as set forth below, is only permitted with the express prior written consent of the Company and/or its licensors.  Except as expressly provided for in these Terms of Use, without the Company’s prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any content on the Company Website, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any content on the Company Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Company Website, including, but not limited to, the Materials.  You are not permitted to use any of the trademarks of Company, or its respective licensors or service providers displayed on the Company Website, without the prior written consent of Company or the third party that owns the trademark.  No portion of the content on the Company Website may be stored in a computer except for personal and non-commercial use.

     

    ENGINEERING DATA DISCLAIMER

    The information contained herein is intended solely for customers and design professionals and shall not be distributed, re-distributed or otherwise disseminated to third parties, without the express written consent of an authorized officer of the Company. The information contained herein is based upon tests conducted by the Company, using the Company products and accessories. The Company shall not be responsible for the validity of this information if the roof component systems are designed and installed using accessories, including but not limited to, clips, back-up plates, eave plates, rake supports and/or fasteners purchased or obtained from sources other than the Company, if the panels are field seamed with a seamer other than those supplied by the Company, or in the event that the material from which the panels are produced is not the same thickness and yield as the Company material.
    Along with this data, it is recommended that the design professional have a copy of the most current version of the North American Specification for the Design of Cold-Formed Steel Structural Members, published by the American Iron and Steel Institute, to facilitate design. This Specification contains the design criteria for cold-formed, steel components. Along with the Specification, the designer should reference the most current building code applicable to the project jobsite, in order to determine environmental loads. If further information or guidance, regarding cold-formed design practices, is desired, please contact the manufacturer.
    BY RECEIVING THIS INFORMATION, THE RECIPIENT EXPRESSLY AGREES, ACKNOWLEDGES AND STIPULATES THAT THE COMPANY IS UNDER ABSOLUTELY NO OBLIGATION TO SUPPLY ANY ADDITIONAL ENGINEERING OR OTHER DATA IN THE FUTURE, EVEN IF NEW TESTING OR NEW PRODUCTS OR ACCESSORIES SUBSEQUENTLY BECOME AVAILABLE.  FURTHER, RECIPIENT EXPRESSLY AGREES, ACKNOWLEDGES AND STIPULATES THAT IT IS THE SOLE RESPONSIBILITY OF RECIPIENT TO DETERMINE WHETHER IT HAS THE MOST CURRENT ENGINEERING INFORMATION AVAILABLE.
    COMPUTER ASSISTED DRAWINGS DISCLAIMER

     

    The computer assisted drawings (CAD) files contained herein are intended solely for customers and design professionals and shall not be distributed, re-distributed, or otherwise disseminated to third parties without the express written consent of an authorized officer of the Company.  The CAD Files, unless used by an Architect or Designer, may be used only for the purpose of developing plans, specifications and/or approval drawings for construction projects utilizing only MBCI manufactured or distributed products and components. If the CAD Files are used by an Architect or Designer, MBCI shall always be included as an approved manufacturer or vendor of products or components to be incorporated into this project.  Without the express written consent of MBCI, you may not use MBCI CAD Files for any purpose other than the Permitted Use described above. 

     

    by accessing MBCI cad files, you are expressly warranting to mbci that you will not use such cad files for the purchase or use of non-mbci manufactured or distributed products.  by providing information to mbci in cad files, you also expressly warrant that such data is in unaltered mbci-provided cad files and mbci shall have no responsibility to check or verify that such information is in unaltered mbci cad files and mbci disclaims any and all liability for failure to do same.  MBCI expressly disclaims any and all liability, whether in contract, warranty, or tort for use of (i) non-MBCI CAD Files for the purchase or use of MBCI-Manufactured or distributed products, (ii) altered MBCI CAD Files for the purchase or use of any products,, or (iii) MBCI CAD files for non-MBCI products.

     

    Your Obligations

     

    You may use the Company Website’s features, offerings and content for lawful purposes only.  By using the Company Website, you represent and warrant that:  (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with Company; (ii) you are capable of assuming, and do hereby assume, any and all risks related to the use of the content and Materials on the Company Website; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Company Website.  If you do not agree with these Terms of Use or are in any way dissatisfied with the Company Website or the Materials, your exclusive remedy is to discontinue using the Company Website.

     

    No Endorsement of Third Party Sites

     

    The Company Website may contain references to and/or links to certain third-party websites, resources and advertisers (collectively, “Third-Party Sites”).  YOUR LINKING TO SUCH THIRD PARTY SITES IS AT YOUR OWN RISK.  THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY CONTENT, DATA, OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION MADE ON THE THIRD PARTY SITES.  The Company also is not responsible for the availability of these Third-Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third-Party Sites.  No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Company Website.  Under no circumstances shall the Company or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party Sites.  You should direct any concerns to the respective Third-Party Site’s administrator or webmaster.  Any links to Third-Party Sites do not imply that the Company is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third-Party Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company.

     

     

     

    Disclaimers of Warranty

     

    The content on the Company Website is for informational purposes only.  The Company, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon.  The information contained on the Company Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us. 

     

    YOU EXPRESSLY AGREE THAT USE OF THE COMPANY WEBSITE IS AT YOUR SOLE RISK.  THE COMPANY WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  THE COMPANY, ITS LICENSORS AND SERVICE PROVIDERS, MAKE NO REPRESENTATIONS WITH RESPECT THERETO AND, FURTHER, HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING.  COMPANY, AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.  THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE COMPANY WEBSITE.  COMPANY MAY MAKE ANY OTHER CHANGES TO THE COMPANY WEBSITE AT ANY TIME WITHOUT NOTICE.

    Limitations of Liability

     

    THE COMPANY AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE COMPANY WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE COMPANY WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF COMPANY OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
                                                               
    THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

     

    Protecting Information

     

    The Company Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control.  However, complete confidentiality and security is not yet possible over the Internet.  The Company assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

     

    Violations of Terms of Use

     

    The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to temporarily or indefinitely block or restrict access from you or a particular Internet address to the Company Website, and terminate the Agreement, with or without advance notice.

     

    Indemnification

     

    You agree to indemnify, defend, and hold the Company, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (i) your failure to comply with any of these Terms of Use; and (ii) your use of the Company Website.  The Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Company Website.

     

    Contact Information

     

    You may contact the Company using the information below:

     

    Email: info@mbcionline.com
    Telephone: 281.445.8555
    Fax:  281.445.1791
    Write to us at:
    P.O. Box 38217
    Houston, TX 77238

     

    or

     

    14031 West Hardy
    Houston, TX 77060

     

    Governing Law

     

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.  You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the Company Website resides in the courts located in the County of Harris in the State of Texas.  You further expressly agree to submit to the personal jurisdiction of the courts located in Harris County, Texas, for the purpose of litigating any such claim or action.

     

    WAIVER OF JURY TRIAL

     

    YOU HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FULLY WAIVE ANY RIGHT TO TRIAL BY JURY TO THE EXTENT THAT ANY SUCH RIGHT NOW OR HEREAFTER EXISTS WITH RESPECT TO THESE TERMS OF USE, THE PRIVACY POLICY AND/OR ANY OTHER AGREEMENTSBY AND BETWEEN YOU AND THE COMPANY OR OTHER ACTION ARISING IN CONNECTION HEREWITH OR THEREWITH. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY SUCH PARTY AND IS INTENDED TO ENCOMPASS EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO TRIAL BY JURY WOULD OTHERWISE ACCRUE.  YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS HEREBY AUTHORIZED TO FILE A COPY OF THIS SECTION IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS IRREVOCABLE WAIVER.

     

    Miscellaneous

     

    This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

     

    These Terms of Use and the Company Privacy Policy contained on this website, constitute the entire agreement between the Company and you with respect to your use of the Company Website, and supersede all previous written or oral agreements.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.

     

    If any provision of these Terms of Use is found to be invalid or unenforceable in any jurisdiction, such provision shall be fully severable in such jurisdiction, and the Terms of Use shall be construed and enforced as if in such jurisdiction such provision had never comprised a part hereof.  In such event, the remaining provisions of these Terms of Use shall remain in full force and effect.  The Terms of Use are intended by the parties as a final expression of agreement containing all oral and written understandings between you and the Company.

     

    BY USING THE COMPANY WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.

     

    Updated: October 1, 2007