If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Site (or any part thereof) and/or your user account (your “Account”), if any. In TMM’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Site. You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Account, if any, and all related information and/or files in your Account and/or bar any further access to such information and/or files and/or the Site (or any part thereof). Further, you agree that we shall not be liable to you or to any third-party for any termination or cancellation of your access to, or use of, the Site including your Account. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by TMM in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your Account, as applicable. Although TMM does not constantly monitor the Site, it nevertheless expressly reserves the right to do so.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
This Site can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario (including Quebec), by accessing the Site you agree that all matters relating to access to, or use of, the Site, or any other Third-Party Site(s), shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Site or material from this Site.
You agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
2. Children’s Online Privacy Protection
TMM appreciates the importance of protecting children’s privacy. This Site is not intentionally designed for or directed toward children under the age of 18 and we will not intentionally collect or maintain any information about anyone under the age of 18 without permission of the child’s parent or legal guardian. Children under the age of 18 should not submit personally identifiable information without the explicit permission of their parent or legal guardian. Where appropriate, TMM will instruct children not to submit personally identifiable information. In the event that your child has submitted personally identifiable information and you would like to request that such information be removed, you may do so at any time and TMM will use reasonable efforts to comply with your request. Such requests can be made by contacting us email@example.com.
3. Registered Users of an Account
Certain components, content and/or features of the Site are only available to entities who register for an Account on the Site (each, a “Registered User”). If you are a Registered User then you agree to the following:
a) In consideration of your use of the Site, you represent that you are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, TMM has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof);
b) Registered Users will receive a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TMM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
d) As a user or Account holder of the Site, you agree that you are responsible for managing your privacy and email settings.
4. Acceptable Use
Copy You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. TMM may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Site.
For greater clarity, you are responsible for any content, emails, postings, offers, software, videos, photos, text, graphics, music, sounds, questions, creative suggestions, messages, feedback, ideas, notes, drawings, articles, stories or other information, data, materials and opinions that you may provide, email, post, upload or otherwise transmit to the Site (“Submissions”).
TMM does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to TMM, you agree that the idea becomes and remains the sole and exclusive property of TMM without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of TMM.
TMM welcomes your comments and suggestions on this Site and its services, products, and programs but TMM does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its Sites, services, products, programs or any new services, products or programs. By submitting information, you warrant that TMM may publish such information, use it as part of its operations, and incorporate its concepts in TMM products or services without liability or compensation to you.
You agree to defend (at TMM’s sole option), indemnify and hold TMM and its affiliates, and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of your Submissions.
5. Limited License
a) you do not modify any such content; and
b) you include with and display on each copy of such content the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
a) make any commercial use of such content;
b) include such content in or with any product that you create or distribute; or
c) copy such content onto your or any other Site.
6. Intellectual Property
“Triple M Metal” and the TMM word mark are trademarks of TMM.
All other trademarks, service marks, trade names, logos and emblems displayed on this Site are the trademarks of their respective owners and have been used with their permission.
Please note that any service, product, program, process or technology described in these materials may also be the subject of other intellectual property rights reserved by TMM and/or its affiliates and are not licensed hereunder.
The display of trade-marks or trade-names on this Site does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
TMM either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and other content that is made available to you on our Site, or has obtained the permission of the owner of the intellectual property in such content to use the content on our Site.
7. No Warranties
TMM does not warrant the quality, accuracy or completeness of any information on our Site. Your use of this Site and material from this Site is at your own risk.
To the extent permitted by applicable law, neither TMM, any of its agents, nor any other party involved in creating, producing, or delivering this Site are liable for any damages whatsoever arising out of your access to, or use of, this Site, any material from this Site, or any services, products or programs offered on this Site.
WITHOUT LIMITING THE FOREGOING, THIS SITE, THE MATERIAL PROVIDED ON THIS SITE, AND THE SERVICES, PRODUCTS AND PROGRAMS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
TMM MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND/OR SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
TMM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT TMM HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TMM. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
ADDITIONALLY, TMM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY THIRD-PARTY SITES OR THIRD-PARTY CONTENT WHICH YOU MAY CHOOSE TO ACCESS THROUGH THIS SITE. LINKS PROVIDED BY TMM TO SUCH THIRD-PARTY SITES OR THIRD-PARTY CONTENT ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND SHOULD NOT BE DEEMED TO IMPLY THAT TMM ENDORSES THOSE THIRD-PARTY SITES NOR ANY THIRD-PARTY CONTENT CONTAINED THEREIN. IN NO EVENT WILL TRIPLE M METAL LP, GIAMPAOLO GROUP INC. OR ANY AFFILIATE THEREOF BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER TYPES OF CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATING TO OR ARISING FROM THIS WEB SITE OR ANY USE OR PERFORMANCE OF INFORMATION AVAILABLE ON OR OF THIS SITE OR ANY THIRD-PARTY SITES OR THIRD-PARTY CONTENT INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, LOSS OF GOOD WILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF TMM IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ANY AND ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
This Site may include inaccuracies or typographical errors. Information on this Site may be changed, updated and/or deleted at any time without notice. TMM or its affiliates may make improvements and/or changes in the services, products or programs described this material or on this Site at any time.
8. No Endorsement
The Site may contain links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by TMM, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
10. Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.
11. Intellectual Property Notice
Copyright © 2019 TRIPLE M METAL LP. All rights reserved.
Last Updated: April 1, 2019.