TERMS AND CONDITIONS
By accessing this Website, you agree that these Terms and Conditions form a binding agreement between you and Metro Tow Store ("MTS") and Metro Tow Trucks ("MTT"). If you do not wish to be bound by these Terms and Conditions, do not use this Website. MTS reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
PROFESSIONAL SERVICES DISCLAIMER
The content of this Website, such as text, graphics, images, information obtained from MTS's manufacturers including MTT, suppliers and other entities, and other material (collectively, "Content") is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive advice, towing advice or ratings advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic, professional tow operator or similar automotive professional.
MTS has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. MTS does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL MTS BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING, WITHOUT LIMITATION, DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
Return policies vary depending on products purchased. If you require specific information about the return policies on a product, please contact us via email or telephone.
Products on backorder have varied ETA's and the ETA provided is subject to change. If you require additional information about the duration of a back order, please contact us via email or phone. Inquiries about back ordered products can also be made PRIOR to purchase.
You acknowledge that the information on this Website is provided "AS IS" for general information only. MTS DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING WITHOUT LIMITATION TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. MTS reserves the right to change or discontinue at any time any aspect or feature of this Website.
EXCLUSION OF LIABILITY
IN NO EVENT SHALL MTS, MTT, ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with this Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of GPC and its suppliers. Accordingly, MTS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.
Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to MTS, their licensors or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: "Copyright © 2016 Metro Tow Store. All Rights Reserved" and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible MTS materials not expressly granted herein are expressly reserved to MTS. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
Metro Tow Store®, Metro Tow Trucks®, Metro Tow Trucks logo® are trademarks of Metro Tow Trucks Ltd. All product and service names, logos and symbols used and displayed on this Website are registered and unregistered trademarks of MTS and others. Nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. MTS's trademarks may not be used in connection with any product or service that is not associated or affiliated with MTS, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits MTS or the trademark.
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—MTS a royalty free, perpetual, irrevocable, worldwide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed). You acknowledge that you are responsible for submissions, and you, not we, have full responsibility for the submissions, including, without limitation, legality, reliability, appropriateness, originality, and copyright. You further recognize that we do not want you to, and by making a submission you warrant that you shall not, provide any information or material to us that is defamatory, threatening, obscene, harassing, or unlawful, or that constitutes a trade secret or incorporates the proprietary material of another party.
We may, but shall not be obligated to, in our sole discretion, post any submission on this Website and identify you as the submitting party. We may, without notice to you, refuse or edit submissions for any reason or no reason, including, without limitation, those submissions that we determine in our sole discretion are inappropriate, unlawful, fraudulent, threatening, libelous, defamatory, obscene, encourage or constitute dangerous, violent, immoral, offensive, illegal, pornographic, or similarly inappropriate behavior, or that represent us in a negative way or in any manner not consistent with our brand and/or reputation, as may be determined in our sole and absolute discretion, or infringe or violate any party's intellectual property or other proprietary rights or these Terms and Conditions of Use.
Submissions should not be dangerous or unsafe for you or a third party to make or produce. Submissions also should not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property, and submissions should not suggest or imply to any person to undertake any illegal, dangerous, unsafe, or unduly risky activity, as may be determined in our sole and absolute discretion. Submissions should not contain any intellectual property belonging to any other party, including, without limitation, trademark, copyright protected material, logo, trademark, service mark, storefront, trade dress, mascot, photograph, or other image of any person, business or company, other than us. Such inappropriate submissions are strictly prohibited, and any submissions in violation of the above requirements and restrictions will not be posted or shall be subject to removal without notice.
USE OF THIS WEBSITE
Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party's use and enjoyment of this Website, (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data or information not intended by us to be made accessible, (vi) to attempt to obtain any materials or information through any means not intentionally made available by us, or (vii) for any use other than the business purpose for which it was intended, is strictly prohibited. Examples of illegal or unauthorized uses of this Website include, but are not limited to: (i) modifying, adapting, translating, or reverse engineering any portion of this Website or its Content; (ii) using any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of this Website or any other Submissions; (iii) reformatting or framing any portion of the pages or application images that are part of this Website; (iv) creating or transmitting unwanted electronic communications such as "spam" or chain letters to other users or otherwise interfering with other users' enjoyment of this Website; (v) Submissions purportedly made on behalf of any third party without such third party's prior written consent including, without limitation, registering, subscribing, attempting to register, attempting to subscribe, unsubscribe, or attempting to unsubscribe, any party for any services if you are not expressly authorized by such party to do so; (vi) submitting Submissions that falsely express or imply that such Submissions are sponsored or endorsed by us; (vii) submitting Submissions that disparage this Website or us; (viii) submitting Submissions that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; (ix) transmitting any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files or other items of a destructive nature; (x) submitting Submissions that are unlawful or promote or encourage illegal activity; (xi) displaying an advertisement as part of any Submission; (xii) any automated use of the information handling system, including, without limitation, the use of scripts to send messages through this Website; or (xiii) submitting false or misleading information.
While we prohibit such conduct and content on or through this Website, you understand and agree that you still may be exposed to such materials and that you use this Website at your own risk.
MTS may provide links on this Website, via advertising and otherwise, to other websites that are not under the control of MTS. MTS does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and MTS is not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against MTS regarding our inclusion of such links to third party websites or your use of those websites.
APPLICABLE LAW AND VENUE
By accessing this Website, you and MTS agree that the statutes and laws of the Province of Ontario, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of Canada, in which case such Canadian federal law will apply. You and MTS also agree and hereby submit to the exclusive personal jurisdiction and venue of the provincial court in Ottawa, Ontario, with respect to such matters. This Website is controlled, operated and administered by us and our service provider designees from offices within Canada. We make no representation that materials on this Website are appropriate or available for use at other locations outside of Canada, and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials on this Website in violation of Canadian export laws and regulations. Those who choose to access this Website from outside of Canada do so on their own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
In consideration of MTS allowing you to visit and use this Website, you agree to defend, indemnify and hold harmless MTS and MTT and their divisions, subsidiaries, parents, affiliates, partners, chains, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively "Releasees"), from any and all claims, charges, injuries (including, without limitation, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including, without limitation, special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of this Website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through this Website, your inability to access this Website for any reason, your reliance on any errors or omissions on this Website, or your contraction of computer viruses of any nature obtained through your use of this Website or any website accessed through this Website.
These Terms and Conditions govern your general access of and use of this Website, however, your use of any other services offered by MTS or its affiliates is also governed by your agreement with MTS or its affiliates relating to the provision of such services (the "Subscriber Agreement"). You must enter into an independent Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.
PRIVACY AND SECURITY
EFFECTIVE DATE AND CHANGES
These Terms and Conditions are effective as of their posting on this Website. From time to time, it may be necessary to update or modify these Terms and Conditions of Use. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions of Use, and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Website.
We may terminate, change, revise, modify, suspend or discontinue any aspect of this Website, including, without limitation, the availability of any features of this Website, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of this Website constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Website without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Content. You may terminate this agreement by destroying: (a) all Content obtained from this Website and any related MTS or Metro Tow Trucks or other sites, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.
Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you and MTS relating to your use of this Website.