BY ACCESSING Menzies Metal Products SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THE Menzies Metal Products SITE.
1. Rules. While visiting Menzies Metal Products, you may not:
▪ Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Menzies Metal Products Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Menzies Metal Products Site or the Internet;
▪ Post or transmit any information or software which contains a virus or other harmful or disruptive component; or
▪ Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through Menzies Metal Products Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
2. Linked Sites. Any sites to which Menzies Metal Products provides links are operated by independent parties and are not under the control or opinion of Menzies Metal Products.
3. Independent Parties. Menzies Metal Products and linked web sites are independent parties. There is no agency, employee or partnership relationship of one to the other or among any of them and they have no authority to bind another of the parties. Any reference describing Menzies Metal Products and any linked site as "partners" is colloquial only and does not represent the legal relationship between them, which is one of independent contractors.
4. Monitoring. Menzies Metal Products has no obligation to monitor Menzies Metal Products Site. However, you agree that Menzies Metal Products has the right to monitor Menzies Metal Products Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Menzies Metal Products Site properly, or to protect itself or its users in accordance with Menzies Metal Products ‘s Privacy Statement. Menzies Metal Products will not intentionally monitor or disclose any private electronic-mail message unless required by law. Menzies Metal Products reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. Menzies Metal Products does not hire moderators to monitor the web site. All moderators for Menzies Metal Products are volunteers and Menzies Metal Products is not responsible for their actions.
5. Pricing. Menzies Metal Products assesses the products and services offered by Menzies Metal Products and believes that these products and services are appropriate and valuable to Menzies Metal Products customers. Prices contained on the site are subject to change without notice.
6. Limitation of Liability. Menzies Metal Products, including its affiliates, related companies and suppliers, take no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on Menzies Metal Products Site. Further, Menzies Metal Products makes no representations about the suitability of any of the information contained in the documents and related graphics on Menzies Metal Products Site for any purpose. All such documents, related graphics, product and services are provided "as is" and without warranties or conditions of any kind. In no event shall Menzies Metal Products be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of information, products or services available on or through Menzies Metal Products site.
7. Recourse. If you are dissatisfied with Menzies Metal Products Site or with any terms, conditions, rules, policies, guidelines or practices of Menzies Metal Products in operating Menzies Metal Products Site, your sole and exclusive remedy is to discontinue using the Menzies Metal Products Site.
8. Indemnity. You agree to defend, indemnify and hold Menzies Metal Products and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of Menzies Metal Products Site or the Internet or the placement or transmission of any message, information, software or other materials on Menzies Metal Products Site or on the Internet by you or users of your account.
9. Intellectual Property. All of Menzies Metal Products Elements such as, without limiting the generality of the foregoing, the texts, articles, documents, worksheets, programs, photos, illustrations, images, videos and audio materials, are the property of Menzies Metal Products and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of Menzies Metal Products or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices. The trademarks and logos used or posted on Menzies Metal Products are trademarks which were registered or not by Menzies Metal Products or third parties. Nothing in Menzies Metal Products may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Menzies Metal Products without the prior written approval of the owner of such trademark. Any and all content and information may be changed or updated without notice. Adobe Acrobat Reader is required to view some of the documents found on this site.
10. Territory. Menzies Metal Products web site originates in Canada.
11. Miscellaneous. This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Menzies Metal Products and you pertaining to the subject matter hereof. Menzies Metal Products’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the province of British Columbia and the federal laws of Canada applicable therein. The parties have required that this agreement and all documents relating thereto be drawn up in English.