Metal Supermarkets

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Metal Supermarkets Terms of Use

Welcome to this Metal Supermarkets web site.  Through this web site and its network of Metal Supermarkets (CANADA) Ltd. (“Metal Supermarkets”) owned and controlled web properties, sites and services (collectively, the “Site”), Metal Supermarkets provides access to a variety of informational content, products, services and resources.  This Site is made available subject to the terms and conditions of this agreement (collectively, the “Agreement”).

This Agreement is between you, the user of this Site, and Metal Supermarkets. Please read this Agreement carefully before accessing or using this Site.  By accessing or using this Site you agree to be legally bound by this Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE.

Please note that many local Metal Supermarkets are independently owned and operated by franchisees.  Because these franchisees may operate their web sites under their own terms of use agreements and privacy policies, we encourage you to review their respective terms of use agreements and privacy policies posted to their web sites, as they will control over this Agreement with respect to their sites.

UPDATES TO THIS AGREEMENT:
Metal Supermarkets reserves the right to modify this Agreement at any time.  Any modifications will become effective immediately upon posting to this Site.  You agree that it is your responsibility to review the Agreement periodically to be aware of such modifications, as your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.

YOUR USE OF THIS SITE IS A PRIVILEGE, NOT A RIGHT:
Your authorization to access and make use of this Site (and the materials and content available via this Site) is a privilege, not a right, and is subject to the terms and conditions of this Agreement.  You agree that you are fully responsible for all of your activities, transmissions and transactions while using this Site and for any accounts that may be established by or for you (including for any payments accrued, and for any informational content and other materials you may access, submit, receive or transmit while using this Site).

UNAUTHORIZED USE PROHIBITED:
You agree not to use this Site or any materials you may access to engage in any unauthorized or inappropriate conduct or for any unlawful purpose.  You agree to follow any acceptable use policies and other policies of Metal Supermarkets applicable to your use of this Site (collectively, the “AUPs”).

SECURITY:
You agree that you, and not Metal Supermarkets, are responsible for your own security while using this Site, and for selecting and implementing any precautions you deem to be appropriate and best suited for your situation and intended use of this Site.  You are responsible for maintaining the confidentiality of your passwords and accounts (e.g., for the private intranet portion of the Site and any other access-controlled areas).

PRIVACY POLICY:
Your privacy is very important to Metal Supermarkets.  Metal Supermarkets’s information practices are described in the Metal Supermarkets Privacy Notice (“Privacy Policy”).

OWNERSHIP:
This Site, including its informational content (e.g., listing information, HTML or other code, pages, graphics, software and all other materials associated or within this Site) (collectively, the “Content”), and the compilation of the Content and the “look and feel” of this Site, and any other intellectual property of Metal Supermarkets or its licensors or service providers are and shall remain the sole property of Metal Supermarkets and its licensors, including all associated copyrights and other intellectual property rights.  All rights not granted expressly are reserved.

TERMINATION:
Metal Supermarkets reserves the right, at any time and for any reason, to change, terminate, limit, suspend or discontinue this Site (in whole or in part) or your (or anyone else’s) access to or use of this Site or any services. You agree that Metal Supermarkets shall not be liable for doing so.  Upon any termination, your rights to use this Site will immediately cease.  In addition, Metal Supermarkets may, in its sole discretion, refuse to accept an application for an account and/or refuse or restrict its services to anyone at any time, for any lawful reason.

DISCLAIMER OF WARRANTY:
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED SOLELY AS A CONVENIENCE TO THIS SITE’S VISITORS AND USERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS.  THE ENTIRE RISK OF USING THIS SITE IS WITH YOU. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, METAL SUPERMARKETS EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR (ii)  THAT THIS SITE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE, USEFUL, FUNCTIONAL, OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED.

LIMITATIONS OF LIABILITY:
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND WITHOUT LIABILITY OF ANY KIND ON THE PART OF METAL SUPERMARKETS OR ANY OF ITS LICENSORS, MEMBERS, OR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SITE; EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

(b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF METAL SUPERMARKETS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THIS SITE SHALL NOT EXCEED YOUR DIRECT DAMAGES ACTUALLY INCURRED, IF ANY, UP TO ONE HUNDRED DOLLARS (CAN$100) OR THE AMOUNTS YOU PAID TO METAL SUPERMARKETS FOR USE OF THIS SITE, WHICHEVER IS GREATER.

(c)  YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS.

LINKS TO OTHER SITES:
Metal Supermarkets is not responsible for any of the materials available from any linked sites. Metal Supermarkets disclaims all responsibility and liability with regard to your access to or use of such linked sites.

ADDITIONAL TERMS:
Certain areas or aspects of this Site may be subject to additional rules, policies procedures, and/or terms (collectively, the “Additional Terms”).  You agree to comply with the Additional Terms, and you understand that your use of those areas or aspects of this Site is conditioned on your compliance with the Additional Terms.  If and to the extent there is a conflict between this Agreement and such Additional Terms, the Additional Terms shall control with respect to their subject matter.

MISCELLANEOUS:
You hereby consent to the exclusive jurisdiction and venue of Ontario, Canada in all disputes arising out of or relating to this Agreement and this Site.  You may not assign this Agreement without Metal Supermarkets’s prior written consent, which shall not be unreasonably withheld; Metal Supermarkets may assign this Agreement freely.  Notices given by you to Metal Supermarkets must be given by postal mail to Metal Supermarkets at 			 or by email to 			, unless Metal Supermarkets indicates otherwise. All notices to Metal Supermarkets shall be sent to the attention of President (unless Metal Supermarkets specifies otherwise).  This Agreement is solely between you and Metal Supermarkets.  This Agreement does not create, and you and Metal Supermarkets expressly disclaim, any third-party beneficiary relationships.  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. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Except as expressly stated otherwise herein, this Agreement, together with the Privacy Policy, the AUPs and the other Additional Terms (all of which are incorporated into this Agreement) collectively constitutes the entire agreement between you and Metal Supermarkets regarding their subject matter, and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Metal Supermarkets with respect to such subject matter.  All provisions of this Agreement that by their nature or understanding reasonably should survive the termination or expiration of this Agreement shall survive.

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