We reserve the right to change the Terms at any time and to notify you by posting an updated version of the Terms on this Web Site. You are responsible for regularly reviewing the Terms. Continued use of the Web Site after any changes to the Terms shall constitute your consent to such changes. We also reserve the right to change the Web Site, or any part thereof, at any time and in any manner as determined by us in our sole discretion.
- Copyright and Other Intellectual Property Rights.
This Web Site contains copyrighted material, trade-marks and other proprietary and in some circumstances confidential information of hyperWALLET and others (collectively "Proprietary Material"), which may include, but shall not be limited to text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials (collectively with the Proprietary Material, “Content”). All Proprietary Material is owned by hyperWALLET, its licensors and various third parties and is protected by applicable intellectual property rights including copyright, patent and trade-mark legislation and treaties. You agree not to modify, publish, copy, transmit, register or claim title to, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except for copying that occurs in the ordinary course of browsing the Internet and personal copies of Web Site information that you make for your personal use including for your own records. You agree to respect any copyright, trade-mark, patent and other proprietary rights contained in any Proprietary Material on this Web Site. The only rights that you can have in Proprietary Material outside of these Terms are those granted in writing by hyperWALLET or other owners with rights to the Proprietary Material.
- Information and Privacy.
The links included within this Web Site may cause you to leave this Web Site in order to gain access to other web sites ("Linked Sites"). The Linked Sites are not necessarily under the control of hyperWALLET and we are not responsible for the content of any Linked Site, the services provided at any Linked Site, or any link contained in a Linked Site, or any changes or updates to such sites unless otherwise noted on such sites. We provide these links to you only as a convenience. We may amend, add or delete links on this Web Site as we determine in our sole discretion. The inclusion of any link in our Web Site or any link on a third party's web site to our Web Site does not necessarily reflect an endorsement by us nor does it necessarily reflect any association with their operators. When you access Linked Sites, you do so at your own risk.
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through this Web Site or obtained from a Linked Site.
THE USE OF THIS WEB SITE IS AT YOUR OWN RISK. THIS WEB SITE, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. HYPERWALLET HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- Limitation of Liability.
IN NO EVENT SHALL HYPERWALLET, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO: (A) YOUR USE OF THIS WEB SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR ANY REASON); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY HYPERWALLET OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEB SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF HYPERWALLET TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED $1,000.00.
IN NO EVENT SHALL HYPERWALLET, ITS AFFILIATES, AGENTS, LICENSORS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY OF ITS SUPPLIERS OR ANY OTHER USERS OF THIS WEBSITE OR THIRD PARTY PROVIDER OF A LINKED SITE, OR FOR ANY CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF HYPERWALLET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY BE LIMITED BY LAW IN YOUR JURISDICTION TO THE EXTENT THAT SUCH LAWS APPLY TO THESE TERMS. ACCESSING THIS WEB SITE FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS WEB SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold hyperWALLET, its shareholders, subsidiaries, affiliates, directors, officers and employees, harmless from any loss, claim, demand, or damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable legal fees, sustained, incurred or paid by hyperWALLET and due to or arising out of your use of this Web Site.
These terms are effective until terminated by hyperWALLET. hyperWALLET may terminate these Terms and limit your access to any part or all of this Web Site at any time.
- No Endorsements.
No endorsement or approval of any third party or their advice, opinions, information, products or services is necessarily expressed or implied by this Web Site including, without limitation, there being no endorsement or approval of any merchant or other third party.
We make reasonable attempts to exclude viruses from this Web Site, but cannot ensure that this Web Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from this Web Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of this Web Site or downloading anything from this Web Site.
This Web Site is provided by hyperWALLET from its offices in Canada. This Web Site will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with this Web Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia. You submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising our of or in connection with this Web Site.
You agree to waive any right you may have to: (i) a trial by jury, and (ii) commence or participate in any class action against hyperWALLET related to this Web Site, any service provided through this Web Site, or these Terms and, where applicable, you agree to opt out of any class proceedings against hyperWALLET or its licensors.
You shall not transfer any rights or obligations you have under these Terms without the prior written consent of hyperWALLET. We may assign any right or obligation under these Terms without your consent.
If any part of these Terms 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, the remainder of the Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and hyperWALLET with respect to this Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and hyperWALLET with respect to this Web Site. The paragraph titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance. It is the express will of the parties that these Terms and all related documents have been drawn up in English. If you are reading these Terms in another language, the English text shall prevail in the event of a discrepancy between the other language
© hyperWALLET Systems Inc., 2010. All rights reserved.
hyperWALLET is the trade-mark of hyperWALLET Systems Inc.