HPSTEELCO WEBSITE TERMS OF USE AND SERVICE

Welcome to www.hpsteelco.com. This website is owned and operated by HPSteelco Fabrication Ltd. ("HPSteelco," "we," "us" or "our"). Access and use of the website located at www.hpsteelco.com (and its related services) (the "Website") is provided for use by users ("you" or "your") on condition that you accept the following terms and conditions that govern your use of the Website (the "Terms"). Your access to and use of Website constitutes your unconditional acceptance of the Terms. If you do not agree to accept and abide by these Terms, you should not access or use the Website.

We may modify these Terms at any time and from time to time. Such modification shall be effective when we post the updated Terms at https://www.hpsteelco.com/store-policies. You agree to be bound to any changes to these Terms when you use the Website after any such modification is posted. It is therefore important that you review these Terms.

In consideration of HPSteelco providing you access to and use of the Website, and in consideration of the mutual covenants and promises herein contained, the parties agree to the terms as set out below.

1. SERVICES

These Terms apply to all users and visitors of the Website. The Website will allow you to view and shop for HPSteelco products made available from time to time at our discretion. Terms relating to the sale and delivery of our products are governed by our Terms of Sale, incorporated herein by reference, and located at https://www.hpsteelco.com/store-policies.

1. JURISDICTION AND AGE

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms according to age and you are in such a jurisdiction and under such age limit, you may not enter into these Terms or use the Website (or related Website).

This Website may only be used by residents of Canada. If you use this Website outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the services offered by the Website, you may not enter into these Terms or use the Website.

By using the Website you are explicitly stating that you have verified in your own jurisdiction that your use of the Website is allowed.

1. ACCOUNTS

Certain features and functionality of the Website may require the creation of an account. To make an account, you must create a username, password and provide us your email address, or such other information as may be requested in the sign-up form. You will also need to give us complete and accurate information that we ask of you in the registration process.

You are responsible for your username and password. You are responsible for any use of the Website that happens through your account. Do not share your account information with anyone else. You must notify us right away if there is any unauthorized use, theft or misappropriation of your account. We may try to help you recover a lost or stolen account, but we will not be responsible for any loss relating to your account.

1. PRIVACY

HPSteelco is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Website. Please see our Privacy Policy located at https://www.hpsteelco.com/store-policies.

1. LIMITED LICENSE

HPSteelco grants you a revocable, non-exclusive and non-transferrable license to use the Website, subject to these Terms, for the following purposes:

(a)to browse the Website and use the search engine; and

(b)to view our products and to make purchases in accordance with our Terms of Sale located at https://www.hpsteelco.com/store-policies.

The Website is the property of HPSteelco. We retain all rights, title and interest in and to the Website.

1. ACCEPTABLE USE

You are solely responsible for your use of the Website, including any communications between you and third parties that may be listed or identified on the Website. HPSteelco does not condone or allow spam. You agree that you will not use the information made available on the Website to send unsolicited commercial electronic messages or other e-mail.

You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Website.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of HPSteelco’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. We may, without notice, temporarily suspend your or any other parties' access to the Website, including, without limitation, any specific areas hosted within the Website, if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as HPSteelco may reasonably determine is necessary to permit the thorough investigation of such suspended activity.

In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, except as expressly permitted by HPSteelco; (iii) link to, mirror or frame any portion of the Website; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website.

1. HPSTEELCO MATERIALS

HPSteelco may make electronic materials (including the search engine, all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively, "HPSteelco Materials") available to you from the Website. If you download or use HPSteelco Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without HPSteelco's prior written permission and (iii) shall be only be used in compliance with any license terms accompanying such materials. HPSteelco does not transfer either the title or the intellectual property rights to the HPSteelco Materials, and retains full and complete title to the HPSteelco Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute or reproduce the HPSteelco Materials. You further agree not to decompile, reverse-engineer, disassemble or otherwise convert any HPSteelco Materials into a human-perceivable form. HPSteelco or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

The Website (including its organization and presentation and HPSteelco Materials) is the property of HPSteelco and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trademarks, trade-names, internet domain names and other similar rights.

1. CURRENCY OF THE WEBSITE

HPSteelco makes information or related resources available to you through the Website, particularly information about goods and services offered by us. HPSteelco may update such information and related resources periodically. We cannot and do not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information, or related resources on the Website. HPSteelco may revise, supplement or delete information and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.

1. LINKED WEBSITES AND THIRD PARTY CONTENT

The Website provide links to websites, images and content from third parties. The inclusion of these links does not imply that HPSteelco monitors or endorses these websites. HPSteelco does not accept any responsibility for such websites. HPSteelco shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

1. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Website. Computer viruses or other destructive programs may also be inadvertently downloaded from the Website.

HPSteelco shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any of the HPSteelco Materials from the Website. HPSteelco is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Website.

1. DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE INFORMATION AND MATERIALS DISPLAYED AND PROVIDED THEREIN ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ACCURACY, AVAILABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

1. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION ABOUT THIRD PARTY GOODS AND SERVICES CONTAINED THEREIN.

IN NO EVENT SHALL HPSTEELCO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, HPSTEELCO'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO $100.

THE CONSIDERATION UNDER THESE TERMS DOES NOT INCLUDE ANY CONSIDERATION FOR HPSTEELCO TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY US, WE WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT CHARGING ADDITIONAL FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless HPSteelco or any of its directors, officers, employees, shareholders, partners or agents harmless against all claims or liability asserted against HPSteelco arising out of or in connection with these Terms or your use of the Website, including any breach by you or anyone acting on your behalf of any of these Terms.

1. FEEDBACK

You may email your comments, suggestions and feedback (collectively, “Feedback”) to HPSteelco at the e-mail addresses provided in the Website. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) HPSteelco has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) HPSteelco may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.

1. TERM AND TERMINATION

HPSteelco may, from time to time, but is in no way obligated to, permit you to access and use the Website in accordance with these Terms and in the manner set out herein. You acknowledge and agree that access to the Website may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that HPSteelco shall not, in any event, be responsible to you in any way should you be unable to access the Website at any time or from time to time.

HPSteelco may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Website and/or terminate these Terms or any of the licenses granted hereunder. Without limiting the foregoing, these Terms and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms or any provision hereof. Upon termination of these Terms, you shall immediately cease and desist all use of the Website (and any of its related services).

1. APPLICABLE LAW

The Website is controlled, operated and administered by HPSteelco from within the Province of Alberta, Canada. The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from Alberta laws, by accessing the Website, you agree that all matters relating to access to or use of the Website are governed by the laws of Alberta and the federal laws of Canada applicable in Alberta (without reference to conflicts of laws principles). Any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Alberta.

1. GENERAL

1. These Terms (which incorporate by reference our Terms of Sale, if applicable, Privacy Policy) set out the entire agreement between HPSteelco and you relating to your access and use of the Website, and supersede and any all prior or contemporaneous written or oral agreements, if applicable.

2. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

3. These Terms are not assignable, transferable or sub-licensable by you except with HPSteelco's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

4. Your obligations under these Terms will survive the termination of these Terms, or of any license granted under these Terms, for whatever reason.

5. If any provision or part thereof of these Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof