Terms and Conditions

ACCEPTANCE OF TERMS

Welcome to our website.  These Terms and Conditions of Use (“Terms of Use”) govern your use of the Black Iron website and any content available through the Black Iron website (collectively, the “Website”) and constitute a binding legal agreement between you and Black Iron.  Each time you access the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of these Terms of Use, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent.  If you do not agree with any of these Terms of Use or our Privacy Policy, then you should not access or use the Website for any purpose.

Use of our Website

You agree not to take any action that may compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties.  Black Iron reserves the right to terminate or limit your access to the Website for any violation of these Terms of Use, or for any other reason, in the sole discretion of Black Iron.

Products

Black Iron reserves the right without prior notice to discontinue or change specifications on products offered or advertised on the Website.

Ownership and Permitted Use of the Website

The Website, including all of its content, is the property of Black Iron and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.

The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way without the prior consent of Black Iron. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the prior consent of Black Iron.

Trademark Information

The trademarks, tradenames, logos and servicemarks (“Marks”) displayed on the Website are protected by intellectual property rights of Black Iron and others in agreement with Black Iron or that of other third parties.  Any use of any Mark, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

Links With Other Websites

For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Black Iron, and Black Iron has no responsibility or liability for or control over Other Sites, their business, goods, services, or content.  Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.  The inclusion of any link to an Other Site does not imply endorsement by Black Iron of such Other Site, its owner or operator, or any products or services.

Availability and Access to Website

Black Iron has the exclusive right to control accessibility, hours of use, features on the Website and any other information found on the Website. Black Iron can restrict access to any or all portions of the Website or remove any information or content from the Website at any time. Black Iron reserves the right to monitor use of the Website. You acknowledge that temporary interruptions in the availability of the Website may occasionally occur. Black Iron will not be held liable for any damages due to such interruptions.

Disclaimer

BLACK IRON DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY BLACK IRON TO THE FULLEST EXTENT PERMITTED BY LAW. BLACK IRON WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.

User Content

Black Iron may from time to time and at its sole discretion post content on the Website that has been submitted to Black Iron by a user, including, but not limited to, product or service reviews or other comments (“User Content”). Without limiting the generality of the foregoing, Black Iron may refuse to post on the Website, or remove from the Website, any User Content that it deems, in its sole discretion, to: (i) be indecent, inappropriate, hateful, tortuous, slanderous, libelous, obscene, profane, lewd, defamatory; (ii) contain third-party materials or otherwise violate or infringe any intellectual property right of any person; (iii) make reference to any commercial/corporate advertising; or (iv) otherwise be objectionable.

You may not use a false e-mail address, impersonate any person, or otherwise mislead as to the origin of any User Content. You retain the copyright in any User Content and grant Black Iron a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content submitted by you. You also grant Black Iron the right to use the name submitted by you in connection with User Content, if Black Iron so chooses. You represent and warrant that you own or otherwise control all of the rights to User Content submitted by you; that such User Content is accurate; that use of such User Content does not violate these Terms of Use and will not cause injury to any person; and that you will indemnify Black Iron for all claims resulting from such User Content. Black Iron has the right, but not the obligation, to monitor and edit or remove any User Content. Black Iron takes no responsibility and assumes no liability for any User Content.

Any submitted photos may be published on our website or used in further publications.

Indemnification

You hereby agree to defend, indemnify and hold Black Iron, its partners, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successor and assigns harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your use of the Website, including any breach by you of these Terms of Use.

Privacy Policy

Black Iron uses and discloses your personal information in accordance with the Black Iron Privacy Policy.  You hereby consent to Black Iron’s collection, use and disclosure of your personal information in accordance with the Privacy Policy without any further notice or any liability to you or any other person.

Governing Law and Dispute Resolution

These Term of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Black Iron and you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matters must be resolved before the Courts of the Province of British Columbia, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.

Changes to these Terms of Use

Black Iron may, in its sole discretion, change, supplement or amend these Terms of Use as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend these Terms of Use in any manner.

Other Matters

These Terms of Use, including any changes made to these Terms of Use from time to time, constitutes the entire agreement between you and Black Iron relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Black Iron with respect to your use of the Website.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The provisions of these Terms of Use will ensure to the benefit of and be binding upon each of Black Iron and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

The parties have expressly requested and required that these Terms of Use and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient redigés en anglais.

Contact Us

If you have any questions regarding these Terms of Use please contact Black Iron at info@blackironwheels.com.