Terms of Use Agreement – Snow Retention Calculator, Solar Calculator & Load Table
Metal Roof Innovations, Ltd. (“MRIL”) enables access to a Snow Retention Calculator, Load Table and Solar S-Timator (collectively “Calculator”) at www.S-5.com (“Website”). Use of the Website and Calculator and all information thereon is strictly subject to the
Terms of Use – General and to these additional Terms of Use and License Agreement.
By accessing, downloading, and/or using the Calculator, you have made a legally binding contract with MRIL to comply with the general Terms of Use and these specific Terms of Use and License Agreement. If you do not agree to the Terms of Use and License Agreement, you are not authorized to use the Calculator and you are directed to immediately disengage from the Website. Each time you use any aspect of the Calculator, you accept the Terms of Use and License Agreement in effect at the time.
The Calculator is believed to be a useful aid in developing an adequate design of various snow retention and solar system ("Systems") using MRIL manufactured or distributed products and components ("Products") and can only be used in connection therewith (the “Permitted Use”). If an Architect or Engineer ("Qualified Professional") uses the Calculator, he/she will only specify use of Products for their projects and represent that they (1) are qualified to design Systems with “Products”; (2) recognize the project-specific variables that should be considered in designing a System; and (3) can develop an adequate design within the scope of the Permitted Use and to conform to applicable building codes, regulations, and accepted industry practices.
The Calculator contains and represents proprietary information of MRIL and is protected under various United States and international laws. MRIL has exclusive rights to use the trademarks
S-5!®,
ColorGard,
DualGard,
X-Gard and other marks shown on the site and in connection with its business and sale of products manufactured or marketed by MRIL. You agree not to and will not infringe MRIL’s rights under any such laws or use or copy any part of the Website, including but not limited to any trademark or service mark or original work of authorship found on the site.
You agree that any actual or threatened breach of these Terms of Use and License Agreement will result in immediate irreparable harm to MRIL, that any action brought to enforce this agreement can only be brought in Colorado and you thus waive any defense of lack of personal jurisdiction or improper venue and any right to a jury trial. If you breach or threaten to breach any obligation under this agreement, MRIL shall be entitled to seek a court order enjoining your unlawful actions and to a judgment against you for all damages incurred in connection with your breach or threatened breach, including all attorney’s fees and costs incurred.
Use of the Calculator is restricted to actual and prospective customers of S-5! and commercial use thereof by any person or entity who is not a customer or prospective customer of S-5! is prohibited. Use of the calculator by any person or for any purpose other than the Permitted Use is prohibited. S-5! may terminate this Agreement at any time and for any or no reason.
Users of the Calculator represent and warrant and understand that: the ultimate loads normal to the metal roof panel seam (both positive and negative) are influenced by the roof panel’s beam strength and these factors may affect the design of Systems; the forces the clamp withstands may be greater than the failure threshold of the roof below; roof condition and materials and roof/substrate attachment spacing may cause the roof to fail but the clamps used may be unaffected; it may be assumed that a clamp’s positive normal (or downward force) to seam holding strength is the same as the clamp’s negative normal (or upward force) to seam holding strength; that where positive normal forces are concerned, the junta alzada roof and the structure below it should be evaluated separately to ensure the roof and structure can resist the downward forces imposed by the solar system; calculations for positive normal loads are based on various assumptions and may not adequately account for the effect of these down forces; separate engineering calculations of positive normal loads are outside of the scope of what can here be provided; module mounting zones that are 1/8 to 1/4 the length of the long side of the module starting from the module corner is a default and may not align with all module manufactures prescribed mounting zones; lateral or horizontal loading comes into play with seismic loads and is typically very minimal compared to other loads imposed on the system, and not all S-5! clamps have been tested in the lateral direction; and S-5! does not make any promises or representations as to the holding strength of clamps on seams where downward or lateral forces are concerned.
YOU ACKNOWLEDGE AND AGREE THAT (1) ALL DETERMINATIONS REGARDING THE ADEQUACY OF DESIGN OF A SYSTEM ARE YOUR RESPONSIBILITY; (2) DESIGN OF SYSTEMS THAT FAIL TO TAKE INTO ACCOUNT BUILDING, ROOF, AND PROJECT DESIGN AND CONSTRUCTION (INCLUDING PROJECT SPECIFIC VARIABLES) MAY BE AND LIKELY ARE INADEQUATE; AND (3) ANY AND ALL CLAIMS THAT MIGHT OR COULD BE BROUGHT AGAINST MRIL OR ANY OF ITS CONSULTANTS, AFFILIATES INSURERS, ATTORNEYS OR ANYONE IN PRIVITY WITH ANY OF THEM IN RESPECT ARE HEREBY WAIVED AND RELEASED AND YOU COVENANT NOT TO SUE ANY OF THEM FOR ANY ACT OR OMISSION OR USE OF THE WEBSITE.
YOU AGREE TO AND HEREBY DO INDEMNIFY MRIL, IT’S AGENTS, OFFICERS, DIRECTORS, ATTORNEYS, INSURERS AND ALL THOSE IN CONCERT THEREWITH FROM ANY CLAIM OR DEMAND RESULTING OR DIRECTLY OR INDIRECTLY FLOWING FROM ANY ACCESS TO OR USE OF THE CALCULATOR AND MRIL WILL BE ENTITLED TO ALL ATTORNEYS FEES AND COSTS, AS WELL AS, CONSEQUENTIAL DAMAGES, FLOWING FROM OR INCURRED IN CONNECTION WITH ENFORCEMENT OF THIS INDEMNITY PROVISION, THE RIGHTS IT SECURES, AND/OR THIS AGREEMENT OR THE RIGHTS IS SECURES.
MRIL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE CALCULATOR. USE OF THE CALCULATOR IS AT THE SOLE RISK OF THE USER, AND IT IS PROVIDED ON AN “AS IS,” "WHERE IS," AND “WITH ALL FAULTS” BASIS. THERE ARE NO IMPLIED WARRANTIES AND ALL ALLEGEDLY EXISTING IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESS EXCLUDED AND DISCLAIMED AND WILL NOT BE ENFORCED BY USER. MRIL DOES NOT REPRESENT OR WARRANT AND AFFIRMATIVELY STATES THAT THE CALCULATOR IS NOT (1) ERROR-FREE, (2) AVAILABLE FOR USE, (3) SECURE, (4) OPERABLE OR FUNCTIONAL, OR (5) CAPABLE OF MEETING THE REQUIREMENTS OF ANY USER.
WARNING! YOU MAY BE ABLE TO ACQUIRE CERTIFICATION FORM A QUALIFIED PROFESSIONAL CONCERNING INFORMATION PROVIDED BY THE CALCULATOR, BUT ANY SUCH CERTIFICATION IS LIMITED TO THE ACCURACY OF THE INFORMATION USED AND ASSESSED BY THE QUALIFIED PROFESSIONAL AND NOT UPON INFORMATION PROVIDED TO OR BY THE CALCULATOR.
