Effective Date: February 15, 2022

These terms and conditions govern your use of any websites (“Site”) owned and operated by American Iron & Metal Company Inc. and its affiliates including, without limitation, Kenny U-Pull, AIM Delsan and AIM Solder (collectively, “AIM”, “We” or “Us”). By using this Site, you agree to be bound by all the terms and conditions of use (the “Terms of Use“) set forth herein. We may amend the Terms of Use from time to time, at our sole discretion, by publishing amendments to the Site, and your continued use of the Site indicates your consent to the Terms of Use as they may be amended. We encourage you to review the Terms of Use, and if you do not agree to them or any revisions thereto, you may not use the Site and are accordingly instructed to please exit the Site immediately.

Age (US Residents Only)

For U.S. Residents Only: by visiting the Site, you covenant, represent and warrant that you are at least 13 years old. The Site is not intended for children under the age of 13. If you are less than 13 years old, you are not authorized to use or view the Site and must leave immediately.

Permitted Use

You are only authorized to visit, view and use the Site for personal, licit, and non-commercial purposes. You agree not to reproduce, duplicate, download, sell, resell, publish, modify or otherwise distribute the material on the Site for any reason without the express prior written consent of AIM. You agree not to interrupt or attempt to interrupt the operation of the Site. 

You must not: damage, disable, overburden, or impair the Site; use any unauthorized means to modify, reroute, or gain access to the Site or attempt to carry out these activities. You may not use any automated tool to mine the Site for information or to fill out any form on the Site. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by AIM to do so.

Your Representations

By visiting the Site, you covenant, represent and warrant that all materials of any kind submitted by you through the Site or for inclusion on the Site will not violate or infringe upon the rights of any third-party including, but not limited to, trade secrets, copyrights, moral rights, trademarks, trade dress, privacy rights, patents, or other personal or proprietary rights.

You also represent and warrant that: (i) you will not select or use a username of another person with intent to impersonate that person; (ii) you will not select or use a username belonging to another person without that person’s authorization; and (iii) you will not select or use a username that AIM, in its sole discretion, deems offensive.

Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to use, access and retain a copy of pages of the Site in conformity with the Terms of Use. AIM may change, suspend, or discontinue any aspect of the Site at any time. AIM may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site.

Violation of the Terms of Use

At its sole discretion and without prior notice, AIM may block your access to the Site, or exercise any other remedy available in law, if AIM believes that you have failed to comply with the Terms of Use, violated the rights of AIM or any third party, violated any applicable law, or you have otherwise engaged in any activity that AIM deems malicious, discriminatory, abusive, offensive, harmful or unlawful. You acknowledge and agree that monetary damages may not be a sufficient remedy for a violation of the Terms of Use, and you consent to injunctive or other equitable relief for such violations without the need to post bond or security.

Copyright Policy

We may, at any time and without prior notice, terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, written consent, valid defense, fair dealing exemption or fair use exemption to do so.

Intellectual Property

This Site is owned and operated by AIM. This Site contains trademarks, names, logos, copyrights and other forms of intellectual property exclusively owned by AIM (the “AIM Intellectual Property“) or its licensors. You acknowledge and accept that all content and materials available on this Site, including AIM Intellectual Property (the “Site Content“) are protected by trademarks, service marks, patents, copyrights, trade secrets, know-how or other proprietary rights and laws.

AIM or its licensors retain all rights to the Site Content. Unless otherwise expressly indicated herein, you are not authorized to, in any form, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from (collectively, “Republish“) any Site Content. No Site Material or any material from any website owned, operated, licensed or controlled by AIM may be Republished for any purpose without the express prior written consent of AIM.

Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without AIM’s express written consent is prohibited.

You are not permitted to use the trademarks displayed on the Site without the prior written consent of AIM or the third party that may own the trademarks.

Accuracy and Completeness of Information

AIM endeavors to provide current and accurate information and material on this Site. However, errors, omissions, misprints, inaccuracies or other errors may occur, and AIM reserves its right to correct same and to change or update information and material at any time without prior notice. Accordingly, AIM does not warrant that the information and material available on this Site is accurate, reliable, complete or current. The information and material on this Site is made available for general information purposes only and is not to be relied upon for any reason whatsoever.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS SITE AND SITE MATERIAL IS ENTIRELY AT YOUR OWN RISK AND PERIL.

AIM TAKES REASONABLE STEPS TO PROTECT INFORMATION FROM UNAUTHORIZED ACCESS, COLLECTION, PROCESSING, USE, DISCLOSURE, COPYING, MODIFICATION OR DISPOSAL. YOU EXPRESSLY AGREE THAT ALL SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTIES STATED IN THE CIVIL CODE OF QUEBEC OR OTHERWISE. 

NEITHER AIM, ITS AFFILIATED COMPANIES, THEIR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES MAKE ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SITE DOES NOT INCLUDE ANY DEFECTS OR ERRORS AND THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AIM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, ITS LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY ERRORS OR INFORMATION PROVIDED OR OMITTED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, EQUITY, NEGLIGENCE, STRICT LIABILITY, EXTRA CONTRACTUAL OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THE TERMS OF USE THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS AGREEMENT AND THAT AIM WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THE TERMS OF USE BUT FOR SUCH LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE AIM TO GRANT YOU THE RIGHTS SET FORTH IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, WHICH MEANS THAT THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless AIM and its employees, agents, representatives, officers and directors (each, an “Indemnitee”) from and against all direct and indirect liabilities, claims and expenses, including lawyer’s fees, that arise from your use or improper use of the Site or Site Content or your violation of the Terms of Use. 

AIM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You are not permitted to settle, or consent to any entry of judgment in, any asserted claim or action that would entitle an Indemnitee to indemnification without AIM’s written consent.

Links to Other Websites

The Site may contain links to sites operated by third parties on the Internet. AIM has no control over the content within them or more broadly over these sites. Clicking on any links that direct you away from this Site is wholly at your own risk and peril. AIM makes no representations or warranties regarding the content contained in any third-party sites including the accuracy, legality or inoffensive nature thereof. 

Similarly, AIM is not responsible for and does not endorse or make any representations or warranties about materials, information, goods or services available through these sites, or any privacy or practices of such sites, including any representation that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and covenant that you may not make any claim against AIM for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site and fully and finally release AIM from any liability arising therefrom.

Confidential or Exclusive Information

Please forward your comments and suggestions on this Site to us, except any confidential or proprietary ideas, suggestions, materials or other information related to developing, designing, redesigning, modifying, manufacturing or marketing products.

AIM does not accept unsolicited ideas for marketing, advertising, research, business operations and related matters. If you send any information to AIM, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information will be deemed and treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. More specifically, AIM can use the information to develop, create, manufacture or market products or services. 

Should you choose to submit an idea, intangible asset, or information to AIM, you agree that such information or material becomes and remains the sole and exclusive property of AIM without further liability or compensation to you. All such submissions shall be deemed the property of AIM, and your submission of any idea or information shall constitute an irrevocable assignment to AIM of all worldwide rights, title, and interests in all languages and in perpetuity in such idea, intangible asset or information to use and exploit all or any part of the idea or information provided by you at our sole discretion by any method now existing or later developed. By submitting information, you agree that AIM has an unlimited and irrevocable right to publish such information, to use it as part of our commercial activities, and to incorporate its concepts in AIM’s products without liability or compensation to you.

Jurisdictional Issues

Unless otherwise specified, the information and material on this Site is presented solely for the purpose of promoting AIM’s products. AIM makes no representation that information or material depicted on the Site is appropriate or available in all locations.

This agreement shall be governed by and construed in accordance with the laws of the province of Québec without giving effect to any principles of conflicts of law. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the provincial or federal courts located in the province of Québec, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

By choosing to access the Site from any location other than Canada, you accept full liability for compliance with all applicable local laws. AIM makes no representation that the information and material on the Site is appropriate or available for use in locations outside Canada and accessing it from territories where the content is illegal is prohibited. You may not use any information or material from this Site in violation of any applicable laws or regulations.

Privacy Policy

By using this Site, you agree to be bound by AIM’s Privacy Policy.

Miscellaneous

If any provision of these Terms of Use is declared unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. AIM’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any right on its part. 

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals between you and AIM with respect to the Site, and shall not be modified except in writing. Section titles in the Terms of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

Modification of Terms of Use

AIM reserves the right to change these Terms of Use at any time and the modified Terms of Use will take effect on the date of posting. Your continued use of the Site after such modifications will constitute your: (a) acknowledgment of the modified Terms of Use; and (b) agreement to abide and be bound by the modified Terms of Use.

Contact Us

If you have any questions about these Terms of Use, our practices related to this Site, or unsubscribing from any mailing lists, you can contact us by e-mail at [email protected]. Please provide a sufficiently detailed question or description of your concern.