Terms and Conditions
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.americanirondesign.com (the “Web Site”) offered to you by American Iron Design LTD. (“American Iron Design”).
The content (including written, visual or audio materials and programs) is copyrighted by American Iron Design LTD, or licensed to American Iron Design LTD by third parties. It is protected by copyright laws, treaties and other laws and regulations of each country. It is prohibited to use the content of this Web Site beyond what is explicitly allowed by applicable laws and regulations, including (but not limited to) reproduction, distribution, alteration, public transmission, reuse and/or transfer, without our prior written consent.
American Iron Design LTD reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.americanirondesign.com. Your continued use of the Web Site constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Web Site or email.
Please read these Terms carefully before using the Web Site or ordering any products or services from the Web Site. The terms “American Iron Design,” “us” or “we” refers American Iron Design LTD. In consideration of American Iron Design LTD providing you with access to the Web Site, through your access to and use of the Web Site, and by you accessing and visiting this Web Site, you accept and agree, without limitation or qualification, to the Terms and that you intend to be legally bound by them. These Terms will govern your use of the Web Site. If you do not agree with one or more of these Terms, you may not access or use the Web Site.
AS PART OF YOUR USE OF THE WEB SITE, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN CANADA, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN CANADA FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE WEB SITE. BY USING THE WEB SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT CANADA MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN CANADA. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
Copyright and Use of Trademarks
Copyright and all other proprietary rights in Content provided by American Iron Design LTD, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish this Web Site, the compilation of data on this Web Site, and the order, sequence and arrangement of this Web Site, all belong to American Iron Design LTD and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
“American Iron Design”, American Iron Design LTD products and their product names found on this Web Site are either service marks or registered trademarks of American Iron Design LTD (we refer to it hereafter as the “Company”). Other product and Company names are official names, registered trademarks or service marks of the respective companies.
The use and registration of the American Iron Design LTD name is exclusively reserved to our company. You may not register nor use a Company name, statutory name, trade name, domain name or other name, indication or description, of which the American Iron Design LTD name or any name similar thereto or any name which consists of a part of the American Iron Design LTD name forms part nor shall it include any other registered trademark owned by American Iron Design LTD. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials from the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Canada, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. American Iron Design LTD will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Any unauthorized use of trademarks and other content published on this Web Site is strictly prohibited without prior written consent of the Company or the licensor (in case the Company has obtained a license for the use of the licensors’ content on this Web Site). The use of trademarks and other content is, however, permissible if such use is explicitly stated in the Terms.
Disclaimer, Limitations and Indemnity
The information contained on the Web Site is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Web Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
We make no promise that the Web Site will meet your requirements and we cannot guarantee that the Web Site will be fault free. If a fault occurs in the Web Site, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Web Site while we address the fault. We will not be liable to you if the Web Site is unavailable for any reason or time period.
Your access to the Web Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new Content. We will restore the Web Site as soon as we reasonably can.
You agree to defend, indemnify, and hold harmless American Iron Design LTD, its affiliates and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation, reasonable legal and accounting fees, alleging or resulting from your access to and use of the Web Site, any User Content that you post or upload, or your breach of these Terms.
Forward Looking Statements
The information on this Web Site may contain certain forward-looking statements with respect to the financial condition, results of operations and business of American Iron Design LTD and certain of the plans and objectives of American Iron Design LTD with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements.
Any forward-looking statements made by or on our behalf, speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the relevant regulatory authorities as applicable.
It is not necessary to request permission if you want to add a link to this Web Site. However, the Company does not approve of links to this Web Site being placed on other sites that feature pornography or defamation of people including the Company. When linking to this Web Site, please follow the instructions as below.
When displaying the Company’s name, please ensure “American Iron Design LTD.” is correctly shown. When displaying a logo, please use one of the graphics shown below, and do not alter, modify or deform them.
Please refer to the “Copyright and Use of Trademarks” for the use of Company’s names and trademarks.
Links to third-party sites or links from such sites (we refer to them hereafter collectively as “Link Sites”) to this Web Site are not verified by the Company. The Company shall not be held responsible for any content on the Link Sites nor any problem or damage related to and arising from the use of such Link Sites. The Company does not control nor endorse content of those Link Sites.
Feedback, Proposals and Ideas
We welcome your valuable feedback, proposals, ideas and comments sent to us via our Web Site, on e-mails or postal mail. We love hearing from you and hold your communication in high regard. All comments are treated in accordance with the terms and policies set out on our Web Site including the following conditions:
• that the Company does not have responsibility of treating your communication as confidential information,
• that the Company is not be liable to make verifications, evaluations or adaptations,
• that the Company has free hand in their use (or non-use) in the way it feels fit,
• that there shall be no copyrights, or any other rights attached to them, and
• that the Company shall not be held responsible for compensation or any other form of payments to you and/or third parties.
Governing Laws and Jurisdiction
The content on this Web Site and the Terms shall be governed by the Laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes related to or arising from this Web Site shall be governed and construed by the same.
Information on Products
The Company shall not be held responsible for any loss of business revenues arising from the use of the products introduced on this Web Site or any loss or change to the recorded information as a result of the use of such products.
American Iron Design LTD reserves the right to discontinue or make changes or updates to American Iron Design LTD products at any time without notice and for any reason whatsoever at its sole discretion including changes to product pricing.
Product improvements, ratings and specifications as well as the appearance may change without notice. Pictures may display a different tone of colors due to the characteristics of the computer monitor in use.
You acknowledge that the sale of certain products provided on the Web Site, including, but not limited to, licence plate covers is permitted, however the use of such products is restricted and may not be permitted by the jurisdiction in which you live. You acknowledge that you are responsible for adhering to the rules, regulations and laws imposed by your jurisdiction with respect to the use of any product or service sold to you by American Iron Design LTD and no refunds will be provided and American Iron Design LTD is not responsible for any penalties, fines, fees, costs or damages of any nature that you may incur as a result of the use of any products.
YOU AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND IS FOR YOUR PRIVATE USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. AMERICAN IRON DESIGN LTD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY WEBSITE CONTENT OR ANY THIRD PARTY INFORMATION. AMERICAN IRON DESIGN LTD IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE WEBSITE OR APPS WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS OR THAT THE WEBSITE, APPS OR PRODUTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
IN NO EVENT SHALL AMERICAN IRON DESIGN LTD OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE, APPS OR SUBMISSIONS TO THE WEBSIT OR APPS OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY WEBSITE OR APP CONTENT OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR APPS, WHETHER OR NOT AMERICAN IRON DESIGN LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.
SHOULD SUCH EXCLUSION OR LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES NOT BE PERMITTED IN SOME JURISDICTIONS, ANY LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES AND CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL NOT EXCEED $CDN5.00. YOU AGREE THAT IN VIEW OF THE CIRCUMSTANCES OF THESE TERMS, THE LIMITATIONS UPON AMERICAN IRON DESIGN’S LIABILITY UNDER THESE TERMS ARE IN ALL RESPECTS FAIR AND REASONABLE, AND THAT AMERICAN IRON DESIGN LTD WOULD NOT HAVE OFFERED THE WEBSITE BUT FOR YOUR AGREEMENT WITH THE LIMITATIONS AND EXCLUSIONS PROVIDED IN THESE TERMS AND CONDITIONS.
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