Through this website and its network of Metal Supermarkets owned and controlled web properties, sites and services (collectively, the “Site” or “website”), 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 herein. Metal Supermarkets reserves the right to modify these conditions of use at any time.
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. 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. 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 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.
Use of ‘Metal Supermarkets’ in this Website
References to Metal Supermarkets or any word(s) of similar import in relation to franchises or Metal Supermarkets operating, located or in reference to the United States of America shall be interpreted as references to Metal Supermarkets Franchising America Inc. an affiliate of MSKS IP Inc.
References to Metal Supermarkets or any word(s) of similar import in relation to franchises or Metal Supermarkets operating, located or in reference to the United Kingdom shall be interpreted as references to Metal Supermarkets Franchising UK Limited an affiliate of MSKS IP Inc.
References to Metal Supermarkets or any word(s) of similar import in relation to franchises or Metal Supermarkets operating, located or in reference to anywhere in the world other than the United States of America and the United Kingdom shall be interpreted as references to Metal Supermarkets Franchising Corporation.
reference to Metal Supermarkets or whatever shall be interpreted as references to MSKS IP Inc.
This website, 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 MSKS IP Inc. and shall remain the sole property of MSKS IP Inc. including all associated copyrights and other intellectual property rights. All rights reserved.
Metal Supermarkets, the Metal Supermarkets logo, and certain other marks in this website are the trademarks, trade names, and service marks of MSKS IP Inc. Any use of such marks without the prior written consent of MSKS IP Inc. is prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.
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:
- 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, FRANCHISEES, 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.
- 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 OR ANY OF ITS LICENSORS, FRANCHISEES, MEMBERS, OR SERVICE PROVIDERS, 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.
- 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.
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.
Unless otherwise stated, you hereby consent to the exclusive jurisdiction and venue of Ontario, Canada in all disputes arising out of or relating to these terms and conditions and this Site. All notices to Metal Supermarkets shall be sent to the attention of President (unless Metal Supermarkets specifies otherwise). You and Metal Supermarkets do not have and expressly disclaim any third-party beneficiary relationships. If any part of these terms and conditions are 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 the terms and conditions will continue in effect. 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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