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TERMS OF USE AND PRIVACY POLICY

Last Updated: February 26, 2025

Welcome to www.metwest.com (“Website”), operated by Metropolitan West (“Company,” “Us,” or “We”). This Terms of Use and Privacy Policy (“Agreement”) governs your access to and use of the Website and outlines how we collect, use, and protect your information. By using the Website, you (“you” or “user”) agree to be bound by this Agreement.

ACCEPTANCE AND CHANGES

By accessing or using the Website, you agree to this Agreement and represent that you have not been previously suspended from using the Website. You also consent to our Privacy Policy and our processing of your information as described herein.

Your continued use of the Website signifies acceptance of this Agreement and any updates to it. We may modify this Agreement or our Privacy Policy at any time. Changes will take effect no sooner than 14 days after posting, except for changes related to new services, functionalities, or legal requirements, which will be effective immediately. Your continued use after such changes indicates your consent. It is your responsibility to review this Agreement and Privacy Policy periodically for updates.

If you do not agree with any terms herein, you must stop using the Website immediately.

WARRANTY

We and any third parties involved provide no warranty regarding the accuracy, timeliness, performance, completeness, or suitability of the information or materials on this Website. You acknowledge that such content may contain inaccuracies or errors, and we disclaim liability for these to the fullest extent permitted by law. Your use of the Website is at your own risk, and it is your responsibility to ensure that any products, services, or information meet your needs.

OUR CONTENT AND TECHNOLOGY

“Our Content” includes all intellectual property, data, or communications on the Website, such as files, images, listings, logos, messages, reviews, text, trademarks, and editorial content generated by us, our users, or third parties. “Our Technology” encompasses all intellectual property and rights in the Website, including software, algorithms, user interfaces, designs, databases, and the “look and feel” of the Website, as well as our marks, domain names, and patents.

Unless otherwise stated, Our Content and Our Technology are owned, controlled, or licensed by us and protected by copyright, trademark, and other intellectual property laws. You acquire no rights in them except as expressly granted herein.

  • License to Access and Use: We grant you a limited, personal, non-exclusive, nontransferable, revocable license to access and use Our Content and Technology solely for personal use of the Website. This license terminates automatically if you breach this Agreement.
  • Reservation of Rights: All rights not expressly granted are reserved by us.
  • Prevention of Unauthorized Use: We may use lawful measures (e.g., technological barriers, IP mapping, or contacting your ISP) to prevent unauthorized use.

REPRODUCTION

Reproduction of any part of the Website is prohibited except as permitted by the copyright notice herein.

COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY

If you believe content on the Website infringes your copyright or trademark, you may submit a written notice to us including:

  • Identification of the infringed work;
  • Identification of the infringing material with sufficient detail (e.g., a link);
  • Your contact information (email and phone preferred);
  • A statement of good faith belief that the use is unauthorized;
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act;
  • Your signature.

Send notices to: Metropolitan West, 1707A E. 28th Street, Signal Hill, CA 90755, Attn: Copyright and Trademark Agent. We will review compliant notices and may remove infringing content, notifying the poster for a potential counter-notification.

Counter-notifications must include: • Your signature;

  • Identification of removed material and its prior location;
  • A statement under penalty of perjury of good faith belief in mistaken removal;
  • Your contact details and consent to California jurisdiction.
  • We reserve the right to remove content we deem infringing at our discretion and may terminate repeat infringers’ accounts.

NON-TRANSFERABLE

Your right to use the Website is personal and non-transferable. Any access credentials are not transferable.

LIABILITY

We disclaim liability for damages caused by viruses or other electronic issues in files accessed via the Website. We are not liable for incidental, special, or consequential damages from your use or inability to use the Website. Our maximum liability to you, under any circumstances, is limited to amounts you paid us for goods, services, or information, not exceeding $100.

THIRD-PARTY LINKS

The Website may link to third-party sites. We do not control these sites and are not responsible for their content or your reliance on them. Links do not imply endorsement.

PAYMENTS

By purchasing products from us or linked merchants, you warrant that:

  • Your payment information is accurate; 
  • Charges will be honored by your payment provider;
  • You will pay all posted prices, including shipping and taxes.

INDEMNIFICATION

You agree to indemnify and hold us, our affiliates, employees, officers, directors, and members harmless from claims, damages, or costs (including attorneys’ fees) arising from your use of the Website, breach of this Agreement, or violation of applicable laws. We will notify you of such claims and may allow you to defend them with our approval.

ACCURACY

You are responsible for the accuracy of content submitted for custom designs. We are not liable for errors in custom orders.

PROHIBITIONS ON USE

You may not:

  • Sell, resell, or commercially exploit the Website;
  • Overburden the Website’s infrastructure;
  • Scrape or use automated tools to access Our Content;
  • Copy, modify, or reverse engineer Our Technology;
  • Remove or interfere with proprietary rights;
  • Use the Website unlawfully or to mislead others.

PERSONAL USE ONLY

The Website is for personal, non-commercial use unless otherwise authorized in writing.

PRIVACY POLICY

Information We Collect: We may collect personal information (e.g., name, email, phone number), usage data (e.g., IP address, browsing activity), and communication data (e.g., call or chat records) when you interact with the Website.

How We Use Your Information: We use this information to:

  • Provide and improve the Website;
  • Process transactions;
  • Communicate with you;
  • Monitor usage for security and compliance.

  • California Invasion of Privacy Act (CIPA) Compliance:

  • Consent for Recording: We may record phone calls or online chats for quality assurance or training. Before any recording, we will notify you and obtain your explicit consent (e.g., via a pre-call message or checkbox). You may opt out by not proceeding with the communication. • Tracking Technologies: We use cookies and similar tools to enhance your experience. We will request your consent via a banner before deploying nonessential trackers. See our Cookie Policy for details.
  • Third-Party Sharing: We may share communication data with vendors (e.g., call recording or analytics providers). We disclose this in advance, and your consent is required before sharing occurs.

Your Rights:

 

  • You may request access to, correction of, or deletion of your personal information by contacting us at the address below.
  • California residents may have additional rights under applicable privacy laws.
Data Security: We implement reasonable measures to protect your information but cannot guarantee absolute security.
Children’s Privacy: The Website is not intended for users under 13. We do not knowingly collect data from children under 13.

MISCELLANEOUS

  • Notice: We may notify you via the Website. You may notify us via overnight delivery to: Metropolitan West, 1707A E. 28th Street, Signal Hill, CA 90755.
  • Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters, strikes).
  • Severability: Invalid provisions will be adjusted to reflect intent, with the remainder enforceable.
  • Assignment: You may not assign this Agreement without our consent; we may assign it freely.
  • Governing Law: This Agreement is governed by California law. Disputes will be resolved in courts in Los Angeles County, California, or the U.S. District Court for the Central District of California.
  • Waiver of Jury Trial and Class Action: You waive jury trials and class action participation in disputes with us.
  • Attorneys’ Fees: The prevailing party in legal actions may recover reasonable attorneys’ fees. • Entire Agreement: This Agreement is the full understanding between us, superseding prior agreements.

TERMINATION

We may terminate this Agreement if you breach it, with no further liability to you.

NON-RELIANCE ON WEBSITE

We may modify or discontinue Website features without notice.

DISCLAIMER OF WARRANTIES

The Website is provided “AS IS” and “WITH ALL FAULTS.” We disclaim all warranties, express or implied, including merchantability or fitness for a particular purpose. We do not guarantee error-free or uninterrupted service.

LIMITATION OF LIABILITY

We are not liable for indirect, incidental, or consequential damages, including data loss or service interruptions, even if advised of potential damages. Our total liability is capped at $100, regardless of the cause of action. California users waive Civil Code Section 1542 regarding unknown claims.

SURVIVAL

Provisions on ownership, indemnification, disclaimers, and liability limits survive termination.

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