Hyperline Systems Canada Ltd. ("we", "us", "our" or "Hyperline") welcomes you to our Website (the "Website") located at [http://shop.hyperline.com]. PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "Terms of Use") CAREFULLY BEFORE USING THIS SITE OR PERMITTING YOUR CHILD TO USE THIS SITE. You represent that you possess the legal right and ability to enter into this Agreement and to use this Web Site in accordance with all terms and conditions herein. You represent and warrant to us that you are old enough to enter legally binding contracts through this Web Site and you acknowledge that you will be responsible for all payments due to us for contracts made by you or another person using your login information. By accessing and using this Website, including any pages, sub pages and all information and content thereon (collectively the "Website"), you acknowledge that you have read and agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Please review these Terms of Use every time you visit the Website. The Terms and Conditions of Use are subject to change at any time without notice.

This Website is owned and operated by Hyperline Systems Canada Ltd. ("Hyperline"). All content, including data, text, graphics, photographs, pictures, audio, video, software, trademarks, service marks, trade names and other information (collectively, the "Content") contained in this Website are proprietary property of Hyperline, its parent entities, its affiliates and/or third party licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. The Content is protected by Canadian and international copyright and trademark laws.

The trademarks, service marks, icons and logos, identifying the services and products (collectively the "Trademarks") displayed on this Website, are both registered and unregistered trademarks of Hyperline, its parent entities, its affiliates or its affiliates licensors. No license or right to use any trademark displayed on this Website is granted, by implication or otherwise, without Hyperline’s express written consent or the express written consent such others that may own the trademarks displayed on the Website. No Trademark may be copied , imitated, or used, in whole or in part, without the prior written permission of Hyperline. Misuse of the trademarks, or any content of the Website, except as provided in this Agreement, is strictly prohibited. All trademarks are the property of their respective owners. Some images are courtesy of third parties.

Hyperline grants the user a limited license to access and use the Website, which includes the right to download, display, reproduce, and print part or all of the Content for personal informational purposes so long as the user agrees to maintain all copyright or other proprietary notices contained in such Content and cite the source URL (Uniform Resource Locator) of such Content. Any commercial use of the Website, Hyperline’s servers or Internet infrastructure, or its related services, or the resale of its related services, is expressly prohibited without the prior written consent of Hyperline.

This license terminates automatically if any term or condition of use is breached. Upon termination, the user must destroy all copies of any content immediately. Hyperline may, in its sole discretion, suspend or terminate access to any part, or all, of the Website at any time and for any reason. If you do not agree to these terms and conditions of use or any subsequent modification, change or amendment thereto or become dissatisfied with the Website in any way, your only recourse is to discontinue use of the Website immediately.

The user further agrees that neither they, nor their child, will use the Content, the Website, or other Internet services provided by Hyperline for any unlawful purpose, pr any purpose prohibited by the Terms of Use

Unauthorized use of the Website or any of its content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Unless expressly authorized herein, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Website or its content in any form without Hyperline’s prior written consent.

Also expressly prohibited, are the following activities. The User agrees to refrain from performing any of these activities: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its content; "mirroring" or "framing" the Website or any of its content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; use of any device or technology to provide repeated automated attempts to access password-protected portions of the Website; and any action that imposes an unreasonable or disproportionately large load on the Website or our infrastructure or otherwise interferes with the Website's functioning.

You agree to not abuse the Web Site. For this purpose “abuse" includes, without limitation, using the Web Site to:

		I.Defame, harass, stalk, threaten, or abuse others or otherwise violate others’ rights as defined by applicable law.
		II. Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
		III.Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
		IV.Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark.
		V. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
		VI. Download or upload files that are unlawful to distribute through the Web Site.
		VII.Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating in, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Web Site.
		VIII. Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at Hyperline’s computer systems or otherwise, create unreasonable load upon any of Hyperline’s computer hardware, network, storage, input/output or electronic control devices or infrastructure.
		IX. Transmit any information or software obtained through the Web Site, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Web Site.
		X. Falsely use a password or personal identification number during logging into the Web Site, or misrepresent one’s identity or authority to act on behalf of another.
		XI. Violate this Agreement in any other manner.

Subject to and in accordance with the Website Privacy Statement, Hyperline will not treat information you post or transmit to the Website as confidential or proprietary. By sending information to Hyperline through the Website, you agree that Hyperline may use that information in any way, for any purpose, including Hyperline's own commercial purposes, subject only to the Hyperline Privacy Policy.

You may not post, upload, publish, transmit or otherwise distribute any unlawful, fraudulent, harassing, libelous, threatening, defamatory, sexually graphic, obscene, inflammatory, profane, or otherwise inappropriate information or material of any kind which constitutes or encourages conduct that would constitute a criminal offence or give rise to civil liability.

You acknowledge that Hyperline reserves the right to monitor, review, retain, and/or disclose any information necessary to operate the Website, to protect its and its licensors and its customers, and to comply with any applicable law, regulation, legal process or governmental request.

Hyperline reserves the right to edit or refuse to post or to remove any information on the Website, in whole or in part, for any reason.

Hyperline seeks to provide current and accurate information on its Website. However, the material contained in this Website may contain misprints, inaccuracies and errors. Accordingly, this Website, including the content and services provided herein, is being provided on an “as is” basis. Neither Hyperline nor its parent entities, its affiliates or their representatives make any representation or warranty of any kind or nature, either express or implied, with respect to the content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEB SITE. ALL SUCH INFORMATION SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Hyperline does not warrant that the functions on the Website will be error free, uninterrupted, or free of viruses or other potentially harmful elements. You acknowledge that your access to the Website will not be free of interruptions, that the information contained on the Website may have errors or technical inaccuracies, and that the Website may be unavailable from time to time.

IN NO EVENT WILL HYPERLINE, ITS PARENT ENTITIES OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF: (I) ACCESS TO, OR USE OF THIS WEB SITE, OR DELAY OR INABILITY TO USE THIS WEB SITE, OR ANY INFORMATION OR SERVICE CONTAINED IN THIS WEB SITE; OR, (II) THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR HYPERLINE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.. You access and use this Website at your own risk.

You agree to indemnify and hold harmless Hyperline, its parent entities, its affiliates, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting expenses) resulting from your access or use of this Website and related Internet services, and/or your violation of any of these Terms of Use, or infringement of any intellectual property or other right of any person.

Prices which appear on this Website are fluid and subject to many variables, including market changes. Hyperline reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the website without incurring any obligation to you. Pricing for unconfirmed orders - for which payment has been not processed and received by Hyperline - are not binding and subject to change. The content of this website may contain typos, including but not limited to, pricing, product description or availability. In the event that a product or service is listed at an incorrect price, Hyperline shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and you have been charged. If you have already been charged for the purchase and your order is canceled, Hyperline shall promptly issue a credit to you via the original payment method in the amount of the incorrect price.

Product availability quoted on this Website is not guaranteed. In the event a portion of your order is out of stock; your items will be placed on backorder and you will be notified by a customer service representative.

The receipt by you of an order confirmation does not constitute Hyperline’s acceptance of an order. Prior to Hyperline’s acceptance of an order, verification of information and approval of the order may be required. Hyperline reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Hyperline, for any reason. Hyperline reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

Hyperline grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website provided that the link does not portray Hyperline or its products or services in a false, misleading, derogatory, or offensive matter. You may not use Hyperline's, or any of its parent entities’, its affiliates', logos, trademarks, name or other proprietary graphic in the link without the prior written permission of Hyperline.

Hyperline may offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked Websites are independent from Hyperline and that we have no control over the content of such Websites. Consequently, Hyperline cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such Websites. Your use of such Websites is on your own initiative and at your own risk and may be subject to the other sites' terms of use.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

Hyperline reserves the right to modify, revise or amend the Terms of Use of its Website at any time without notice. You should therefore review this page periodically to ensure full understanding of the terms of your use, including, without limitation, by checking the “Last Update” date which can be found at the end of the this Terms of Use Document. Continued use of the Website constitutes your consent to be bound by any and all changes, with continued provision of the use of the Website constituting consideration from Hyperline to you for so being bound.

If you are dissatisfied with any portion of the service, the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. These Terms of Use will be governed by, and be construed in accordance with, the laws of the province of Ontario without regard to conflict of law provisions, and the laws of Canada applicable therein.

These Terms of Use constitute the entire agreement between you and Hyperline with respect to this Website and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between you and Hyperline. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Subject to applicable law, any cause of action arising out of or related to this Website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

We accept major credit cards.

We will take all reasonable measures to insure information you transmit to us using the Web Site will remain confidential and protected from unauthorized access. Despite those measures, we do not warrant unauthorized access to that information can never happen. We will not be liable for any such unauthorized access unless caused solely by our gross negligence, in which event you will be entitled to compensation up to a maximum of the value of the goods and services purchased by you from Hyperline.

Hyperline respects your right to privacy of your personal and account information and is equally committed to providing a trusted and secure environment. Please review our Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage your personal and account information.

In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement shall control over any conflicting documents or information, including information on this Website, and shall be the sole source of any obligations of us. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.

If you have any questions or comments regarding these Terms of Use please contact us at Phone: 1-613-736-8500
Toll-free: 1-866-63-HYPER (1-866-634-9737), by email at Contact Us (http://hyperlinesystems.com/contact/) , or by mail at:

Hyperline
Web Terms and Conditions of Use
2212 Gladwin Crescent, unit C7, Ottawa, Ontario, K1B 5N1, Canada

Last Updated, May 28, 2009