Metro Canyon

Terms And Conditions


Your use of this Site indicates acceptance of the following Terms and Conditions. We may from time to time change the terms that govern your use of our Site and we will post such revised Terms and Conditions on this page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.


Terms of Use

Trademarks & Copyright: Copyright in the contents of the website located at www.metrocanyon.com ("Site") (including without limitation all images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear on this Site and HTML and other code) is owned by Metro Canyon, Inc. ("Metro Canyon"), or its licensors, or the property of their respective owners, as indicated, and may be vigorously protected by the relevant owner. The modification, copying or incorporation into any other work of part or all of the material in any form is prohibited except that you may print or download extracts for your non-commercial, informational and personal use only. Re-distribution of all or any part of the Site is not permitted. All rights are reserved.

The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may also be protected by intellectual property law. All product names, names of services, trademarks and service marks ("Marks") are the property of Metro Canyon, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

Links: The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) may also be protected by intellectual property law. All product names, names of services, trademarks and service marks ("Marks") are the property of Metro Canyon, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

Transmission and feedback of information: Any information you transmit through this Site is subject to Metro Canyon's Privacy Policy set forth herein. You agree that Metro Canyon may use and/or disclose information about your demographics and use of the Site in a manner that does not reveal your identity.

Acceptable use: The information displayed on the Site may not be used for any purpose except in connection with your direct personal use of the Site as permitted by these Terms and Conditions. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not do the following in connection with use of the Site:

  • send unsolicited commercial email to the email addresses provided on the Site. The posting of email addresses, if any, is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Metro Canyon. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited
  • transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law
  • attempt to probe, scan or test the vulnerability of our Site, system or network or to breach security or authentication measures without proper authorization
  • interfere with the proper functioning of the Site or Metro Canyon, including, without limitation, via means of submitting a virus to the Site or Metro Canyon, overloading, "flooding", "mailbombing" or "crashing"
  • send unsolicited e-mail of promotions and/or advertising of products or services
  • forge any TCP/IP packet header or any part of the header information in any e-mail
  • frame the contents of any part of the Site within any materials not originated by Metro Canyon.

You agree to indemnify us against all claims, demands, actions, expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) arising from or incurred as a result of breach of these prohibited uses and for breach of our copyright, trademarks and other intellectual property rights.

Termination: This Agreement is effective unless and until terminated by either you or Metro Canyon. You may terminate this Agreement and cease any and all use of the Site at any time. Metro Canyon may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Metro Canyon's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Metro Canyon, you must promptly destroy all materials downloaded from this Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.

Severance & Waiver: If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term.

Entire Agreement: Except as provided herein, these Terms and Conditions, including without limitation the Terms of Use, the Site Content, the Privacy Policy and the Terms of Sale, are the entire agreement between us and supersede any prior understanding or agreements (written or oral). These Terms and Conditions shall be read together and apply to any use of the Site and/or the Metro Canyon Store.

Third Party Rights: Nothing in this Agreement is intended to confer on any third party (whether referred to in this Agreement by name, class, description or otherwise) any benefit or any right to enforce any provision of this Agreement or any agreement entered into in connection with it.

Governing Law: Any claim relating to, and the use of, this Site and the materials contained herein is governed by the law of the Commonwealth of Virginia, and you consent to the exclusive jurisdictions of the courts sitting in such Commonwealth.



Site Content

DISCLAIMER AND LIMITATION OF LIABILITY:
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY USING THE SITE, YOU AGREE TO ASSUME ALL RELATED RISKS. NEITHER METRO CANYON NOR ITS SUPPLIERS WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL METRO CANYON BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, GOODWILL, DATA OR PROFITS, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE OPERATION, USE OR PERFORMANCE OF THE SITE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SITE OR SERVICES.

METRO CANYON MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIAL OR GRAPHICS ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, METRO CANYON EXPRESSLY EXCLUDES ALL WARRANTIES, OBLIGATIONS, REPRESENTATIONS, LIABILITIES, TERMS OR CONDITIONS (WHETHER EXPRESS OR IMPLIED, OR ARISE IN CONTRACT, STATUTE, OR OTHERWISE, AND IRRESPECTIVE OF THE NEGLIGENCE OF METRO CANYON, ITS EMPLOYEES OR AGENTS) IN CONNECTION WITH THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY RELATING TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, CONFORMITY WITH DESCRIPTION, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS).

USERS OF THIS SITE SHOULD SEEK APPROPRIATE PROFESSIONAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION OR OPINIONS PROVIDED VIA THE SITE. THE CONTENTS OF THE SITE SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE. IN NO EVENT SHALL METRO CANYON BE LIABLE FOR ANY CLAIM, DAMAGE OR INJURY OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND, WHETHER IN AN ACTION OF NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON INFORMATION ON THE SITE OR ANY OF ITS CONTENTS OR ANY DELAYS IN THE PROVISION OF INFORMATION OR ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF USING THE SITE.

TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY.

Metro Canyon does not warrant that the functions contained in this Site or its content will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server are free of viruses or other harmful components. If you are aware of any error on this Site please email us at admin@metrocanyon.com and we will try to correct it. Please note that the information, materials and graphics available on this Site may be incomplete, out of date or incorrect. The information, materials and graphics available on this Site may be subject to change without notice.

The material presented and opinions expressed on this Site, including any forums, message boards, or other user generated content included or accessible herein, are those of the individual participants, and do not necessarily reflect the opinions of Metro Canyon. Except as otherwise expressly set forth and identified, this Site is not endorsed or affiliated with any individual, product, or company that might relate or connect to the topics discussed herein. Metro Canyon makes no expressed or implied warranties as to the accuracy of the information contained herein, or to the digital integrity of any file or application which may be available or made available for download off the Site ("File"), and is not liable for any damage or injury to persons or property arising based on or relating to such information or to such File.



Privacy Policy

The only individually-identifiable participant information Metro Canyon currently collects are names and e-mail addresses, which are volunteered by customers or who email us with comments.

Metro Canyon will not disclose individual participant information to any third parties without the participant's permission. However, any users who wish to participate in the public message boards are required to provide a valid e-mail address as a condition of participation, which may be publicly viewable along with any and all of their postings. A customer may opt out at any time, and have their identification, e-mail address, and posts removed by e-mailing privacy@metrocanyon.com with 72 hours notice.

Metro Canyon does not collect any individually-identifiable personal profile information from its customers, except when offered in the context of participant support. Metro Canyon will only view participant information in anonymized, aggregate form for statistical purposes.

Metro Canyon reserves the right to amend this Privacy Policy at any time.



Terms of Sale

If you purchase products from the Site, you accept and agree to these Terms of Sale, the Metro Canyon Terms of Use, Metro Canyon’s Privacy Policy and any other terms, conditions, policies or disclaimers found on the Site (collectively the “Terms and Conditions”). We encourage you to read the Terms and Conditions carefully. PLEASE DO NOT PURCHASE PRODUCTS FROM THE SITE IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS.

Metro Canyon may update the Terms of Sale at any time and without notice to you. Please review the current Terms of Sale each time you visit the Site. The most current version of the Terms of Sale and the other Terms and Conditions can be reviewed by clicking on the appropriate hypertext link located at the bottom of the Site web pages.

Geographic Availability: The purchase of items from the Site is intended for use by customers who reside in the United States. To purchase products, you must have a valid United States billing address and meet other geographical criteria. There may be limits on where we can ship products as set forth in our shipping policies.

Limitations on Use by Minors: You must be at least 18 years of age to purchase products from the Site.

Use of Information About You: We process and maintain information about you and your purchase history according to Metro Canyon’s Privacy Policy

Accuracy of Billing and Account Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made at the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Product Display and Colors: Metro Canyon attempts to display product colors and images on the Site as accurately as possible. Different computer monitors display color differently, however, and Metro Canyon cannot guarantee that the color you see on your monitor will exactly match the color of the product.

Errors on Site: Metro Canyon works hard to update the Site regularly and correct errors when discovered. However, any of the content on our Site may be out of date at any given time. Metro Canyon reserves the right to make changes to the Site at any time, including to product prices, offers and availability.

Product Availability and Quantity and Order Limits: Product prices and availability are subject to change at any time and without notice. Metro Canyon may place a limit, at any time and for any reason, on quantities that may be purchased per order, per account, per credit card, per person, or per household. Metro Canyon may also refuse, reject or cancel any order at any time and for any reason. If your credit card expires between when you place your order and when we process the transaction, we will cancel the order. Metro Canyon also reserves the right, in its discretion, to restrict or prohibit sales to dealers or resellers.

Intellectual Property: Products offered for sale on the Site are the intellectual property of Metro Canyon or its suppliers or partners.

Termination of Site Use: Metro Canyon may terminate your account or use of the Site at any time and for any reason. By using the Site, you agree to be responsible for any orders you make or charges you incur prior such termination. Metro Canyon may change, discontinue, or otherwise suspend the Site and the store at any time, for any reason, and without prior notice to you.

Governing Law: Virginia state law governs the interpretation of the Terms and Conditions and applies to claims for breach of them regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws.

These Terms and Conditions were last updated on July 6, 2010.

The Site is owned by Metro Canyon, Inc., a Virginia corporation, its successors and assigns. All original content and compilations thereof are the exclusive property of, and copyright exists in, Metro Canyon, Inc., and may not be used in whole or part without the express written consent of Metro Canyon, Inc.

Metro Canyon™ and 12 Champions of Change™ are trademarks owned by Metro Canyon, Inc. All rights reserved.

© 2013 Metro Canyon, Inc. All rights reserved.