Oakville • Burlington • Milton • Halton Hills

Hwy52 Digital ("Hwy52") provides this web site located at www.hwy52.com (this "Site"), and web hosting services and other products and services offered on or through the Site (collectively, the "Service") subject to your compliance with the terms and conditions set forth below ("Terms of Use"). Please read the Terms of Use carefully because it constitutes a legally binding contract between you and Hwy52 and governs your use of this Site. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THE ASSOCIATED POLICIES OF THIS SITE. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS SITE.

Use of this Site and Service

As a condition of your use of the Site and Service, you warrant to Hwy52 that you will not use the Site and Service for any purpose that is unlawful or prohibited by these Terms of Use. Hwy52 expressly prohibits any unauthorized commercial use of the Site and Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password. Hwy52 has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, Hwy52 reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request or as consistent with its Privacy Policy.

Intellectual Property

All trademarks, service marks and logos used on this Site are the property of their respective owners.

Hwy52 Policies

You acknowledge and understand that by accepting the Terms of Use, you agree to be bound by any pertinent rules, policies or agreements that have been or in the future may be adopted by Hwy52 (the "Hwy52 Policies") and which are or in the future may be posted on this Site.

Accurate Information

As a condition of your use of the Service and the Site, you agree to: (a) provide current, complete and accurate information where required on the Site; and (b) maintain and update this information as needed to keep it current, complete and accurate.

Privacy Policy

You agree that Hwy52 shall have the right to use any information collected from you or provided by you in accordance with the Hwy52 Privacy Policy located at https://www.hwy52.com/privacy-policy. You understand that Hwy52 cannot guarantee or ensure the privacy of the users of the Service or the Site.

Third Parties

You understand that Hwy52 may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own Web sites ("Linked Sites"), in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is Hwy52 making any representations or warranties regarding any Third Party Products, nor will Hwy52 be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of Hwy52 and Hwy52 is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. Hwy52 is not responsible for webcasting or any other form of transmission received from any Linked Site. Hwy52 is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by Hwy52 of the Linked Site.

Limitation of Liability

You specifically agree that Hwy52 and their officers, directors, shareholders, licensors, related companies, employees, agents, subcontractors and attorneys (collectively, "Related Parties") shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service. WITHOUT LIMITING THE FOREGOING TO THE MAXIMUM EXTENT PERMITTED BY LAW, HWY52 AND ITS RELATED PARTIES SHALL NOT BE LIABLE TO YOU, YOUR EMPLOYEES, OFFICERS, SHAREHOLDERS, YOUR BUSINESS, RELATED COMPANIES OR INDIVIDUALS AND AGENTS, AS APPLICABLE, FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED HWY52 OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.

Indemnification

You agree to release, indemnify, defend and hold Hwy52 and their Related Parties harmless from any liabilities, claims, demands, losses, costs and expenses, or damages, including attorneys' fees, asserted by any third party ("Claims") due to or arising out of your use of or conduct on this Site or the Service. Without limiting the generality of the foregoing, you specifically agree to release, indemnify, defend and hold Hwy52 and their Related Parties harmless from any Claims due to or arising out of your use of the Site, indication of interest, registration or attempted registration of any domain name.

No Warranties

THE SERVICE AND THIS SITE, INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, HWY52 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HWY52 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.

Modifications

You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that Hwy52 shall have the right, in its sole discretion, to modify the Hwy52 Policies from time to time. Any such modification shall be binding and effective immediately upon posting of the modified Hwy52 Policies on this Site. A notice will be sent to your registered account email address 14 days prior to the posting of such modifications. You also agree to periodically review this Site to be aware of any such modifications. Hwy52 reserves the right to withdraw, suspend or discontinue, in its sole discretion, any functionality or features in this Site, including the cessation of all activities and services associated with this Site and the Service.

General Provisions

a) No Relationship Created.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hwy52 as a result of the Terms of Use or your use of the Service.

b) Compliance with Laws.

Hwy52' performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of Hwy52' right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Hwy52 with respect to such use.

c) Severability.

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

d) Electronic Form.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the 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.

e) Governing Law and Jurisdiction

The parties agree that these Terms are governed by Canadian Law and the Canadian Courts have exclusive jurisdiction.