2. MetalScrap reserves the right to change, modify or update this site and its terms and conditions from time to time without notice to you. We request that all users check the terms and conditions periodically to take note of any changes. By continuing to use this site, you have accepted the updated terms and conditions.

3. To use this site, you agree to (a) provide true, accurate, current, complete information about yourself or your company, (b) to update this information to ensure it is current and (c) to update your pricing data as frequently as possible to reflect true current market conditions.

4. Since the database depends on the posting of prices by our members, it is imperative that every member will make his best effort to post his prices at least once a day, if not more frequently. It is important for members to build the database as big as possible so that every member can pick or search for what he needs.

5. All the prices inserted into this site by members are subject to final confirmation or prior sale from each respective member. However, members warrant that the prices they enter are serious, genuine and real and that these prices reflect the true market value at that time. Members must attempt to honor their posted prices should they become acceptable by another member. Again, we emphasize that the success of this site depends on the seriousness and integrity of each member to post real prices that they want to buy or sell at. LME/COMEX-based pricing is acceptable. Requests for bids or quotes (RFQ)are welcome.

6. Membership fee is $19.95 (US) per month or $200 (US) per year payable in advance. You can cancel your membership at any time. For monthly members, there is no refund for the unused days remaining in that monthly billing cycle. To avoid your credit card being charged for the following month, please contact us (e-mail, fax or call) at least 7 days prior to your next monthly cycle. For annual members who wish to cancel, their refund will be based on the unused remaining whole months using the then monthly rate as if you were a monthly member. MetalScrap reserves the right to change these prices from time to time with 30 days prior notice to members.

7. This site is provided on an "as is" and "as available" basis without representations or warranties of any kind. Due to technical problems, power outages, Internet hackers or acts of God and the like, MetalScrap and its Web hosting company will not be liable for any site downtime, your inability to access this site or any kind of loss or damages whatsoever suffered by our members. All members agree to use this site at their sole risk without recourse to MetalScrap.

8. MetalScrap assumes no responsibility for the accuracy and truthfulness of the data provided by the members. Each member is responsible for his own listings and information published on this site.

9. You must be at least 18 years old to join. MetalScrap assumes no liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personal settings.

10. Price manipulation of any kind, direct or indirect, by users is prohibited. MetalScrap reserves the right to terminate or suspend, in its sole discretion, any account suspected of committing such an act or other acts that are harmful to other members.

11. You are fully responsible for all activities that occur under your password and user ID. If someone else in your company is also authorized to use the same password and user ID, you will be responsible for the data and information they put onto this site.

12. This site is hyperlinked to other Web sites which are out of our control, and as such, MetalScrap does not guarantee the accuracy, content, quality and integrity of those sites, and cannot and will not be liable for any loss or damages arising from using those sites.

13. MetalScrap does not guarantee or warrant that access to, or use of, this site will be uninterrupted or error-free and therefore will not be liable for any kind of damages or loss arising from such incidents.

14. You agree that MetalScrap will not be liable for any direct, indirect or consequential loss or damages from your use of the information and material contained in this Web site or from your access to other material via hyperlinks from this site. You agree to assume full responsibility and risk of loss resulting from your downloading, printing or using the material obtained through this site.

15. MetalScrap reserves the right to either temporarily shut down this site for upgrading and maintenance purposes or permanently terminate this site due to commercial reasons or otherwise. Reasonable prior notices (30 days or more) will be advised to members should it become necessary and you agree MetalScrap will not be liable for any loss or damages due to these closures.

16. You agree MetalScrap has the right, but not the obligation, to monitor, edit, refuse to post, or remove at any time, for any reason in its sole discretion, any content, member information and listing details anywhere on this site. MetalScrap does not and cannot review all the materials posted on this site by members and therefore is not responsible for any such materials and not liable for any resulting loss or damages whatsoever.

17. MetalScrap reviews users' conduct constantly and may terminate or suspend, in MetalScrap's sole and absolute discretion, those members who are violating the rules and/or not abiding by the terms and conditions. MetalScrap reserves the right to terminate any account or refuse membership to anyone or company deemed, in our sole discretion, not suitable, qualified or professional enough or for no reason at all.

18. Members acknowledge and agree that MetalScrap may change, modify, amend, suspend or discontinue any part of the Web site at any time, without notice and without liability to any member or third party. MetalScrap reserves the right to impose limits on certain features of the site at any time, without notice and liability to any member.

19. You understand and agree that any information or prices you post or submit onto this site become instant public information for the whole World-Wide Web community to view. MetalScrap is not obligated to maintain back-up copies of any material ever posted on this site. You agree MetalScrap will not be responsible for any content, accuracy or any other aspects of the published information and that MetalScrap cannot be liable for any direct, indirect or consequential losses or damages resulting from the public viewing of such materials.

20. MetalScrap respects and strives to protect the privacy of its members. Your registration, personal and demographic information will be stored and used by MetalScrap to provide you with periodic marketing and product notices. However, certain user information in aggregate form may be provided to third parties, including its advertisers, for demographics. You may opt to exclude yourself from receiving such information by contacting us directly. You agree MetalScrap can use your information to monitor site performance, utilization of features and functionality, traffic trends and content quality of this site with the sole intent to improve the site to better meet your needs.

21. MetalScrap makes no representations or warranties, either expressed or implied as to the accuracy or usefulness of the information contained on this site and shall not be responsible for any damages whether indirect, consequential or exemplary that occur or arise out of the use, reuse or reliance on such information by any member or third party.

22. MetalScrap accepts no responsibility or liability from the buyer, the seller, or any other party for any transaction of any losses or damages arising out of any negotiation or non-performing legal contract between such buyer and seller.

23. The site is provided by MetalScrap on an "as is" and "as available" basis. MetalScrap makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, MetalScrap disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. MetalScrap will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages. Under no circumstances shall MetalScrap be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use this site, including but not limited to reliance by a member on any information obtained from this site or that result from mistakes, omissions, interruptions, deletion of data or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to MetalScrap's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, products and services available through MetalScrap. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. In no event shall the total liability from MetalScrap to a user for all damages, losses, claims arising from these terms and conditions or the use of our services or Web site exceed, in the aggregate, one month membership fee or $100 (US), whichever is smaller.

24. These terms and conditions shall be governed by and construed in accordance with the laws of the State of California and without regard for conflict of laws provisions. User expressly consents to personal and exclusive jurisdiction in the courts of the State of California in Los Angeles County.

25. User will defend, indemnify and hold harmless MetalScrap, its directors, officers, employees, agents, shareholders, partners, successors and assigns from against any claim, loss, damage, liabilities, judgments, suits, fees and expenses (including attorney and accounting fees) arising out of or relating to any claim or action based upon (a) your breach of these terms and conditions, (b) your use of MetalScrap's services and Web site, (c) the material you submit, post or transmit through this site and (d) any violation of any rights of another.