TERMS OF USE – WEBSITE

1. The website

1. The Web Site is dedicated to providing general information about H.P. Hydraulics, including its products and services, activities, technologies, news, achievements, history, mission, involvement, team and job opportunities. In addition, the Web Site is intended to provide general information relating to H.P. Hydraulic’s field of activities, more particularly in the field of hydraulic systems, pneumatics, mobile electronics and engineering (hereinafter our « Publications »).

2. By using the Web Site, you acknowledge that, although the content of the information provided through the Web Site and the Content (as that term is defined in section 3.1 below) may have been prepared and/or verified by H.P. Hydraulique and, more particularly, by qualified resources who may hold a professional qualification in the field of engineering, the content of such information and the Content does not create any professional relationship between any particular professional or H. P. Hydraulique and any customer and does not constitute an opinion or professional advice on any particular matter, and is provided solely for the purpose of providing you with general information relating to H.P. Hydraulique’s field of activity. P. Hydraulique and a customer and in no way constitutes an opinion or professional advice on any particular matter, and is provided solely for the purpose of providing you with general information relating to H.P. Hydraulique’s aforementioned field of activity through the Web Site and its pages, modules and functionalities, including but not limited to the “Frequently Asked Questions (FAQ)” page and the “Good to Know” page.

3. The Web Site may contain hyperlinks to third-party Web sites (“Third-Party Web Sites”) and such Third-Party Web Sites may be subject to different terms of use and different practices regarding the use of your personal information. Accordingly, H.P. Hydraulics is not responsible for the continued availability or accuracy of such Third Party Web Sites or for the content, products and services available on such Third Party Web Sites. In any event, H.P. Hydraulic reserves the right without prior notice to add or remove hyperlinks to Third Party Web Sites at any time.

4. Due to the nature of the Internet, H.P. Hydraulics cannot guarantee the continuous, uninterrupted availability and accessibility of the Web Site. H.P. Hydraulics may temporarily suspend the availability of the Web Site or parts or modules thereof if H.P. Hydraulics determines, in its sole discretion, that changes are necessary to the Web Site, to protect the security or integrity of its servers, or to maintain or improve the Web Site. You acknowledge and agree that H.P. Hydraulic may improve, enhance or modify the Web Site from time to time.

2. Eligibility for the Website

1. In order to access and use the Website, you must be a natural person of at least thirteen (13) years of age.

3. Intellectual property

1. H.P. Hydraulic allows Users to access and display any content that H.P. Hydraulic may make available on or through the Web Site such as text, photos, graphics, videos or other materials and information, including H.P. Hydraulic’s own content, including our Publications and any content licensed or authorized for use by or through H.P. Hydraulic by a third party (the “Content”).

2. The Web Site and the Content may, in whole or in part, be protected by copyright, trademark and/or other applicable laws of Canada and other countries. You acknowledge and agree that the Web Site and the Content, including all intellectual property rights therein, are and shall remain the exclusive property of H.P. Hydraulics and/or its licensors or third parties permitting such use. You will not remove, alter or otherwise interfere with any copyrights, trademarks or other intellectual property rights incorporated in or accompanying the Web Site or the Content. All trademarks, brands, logos, trade names and other intellectual property of H.P. Hydraulics, if any, used on or related to the Web Site and the Content are trademarks or registered trademarks of H.P. Hydraulics in Canada and may not be used without the prior written consent of H.P. Hydraulics. You acknowledge and agree that all trademarks, service marks, logos, trade names and other intellectual property rights of third parties used on or in connection with the Web Site and/or the Content are used for identification purposes only and may be the property of their respective owners.

3. You will not use, copy, adapt, modify, prepare, distribute, license, sell, transfer, publicly display, transmit or otherwise exploit the Web Site and/or the Content. No license or right is granted to you by implication or otherwise under any intellectual property right owned or controlled by H.P. Hydraulics or its licensors, except for the licenses and rights granted in these Terms of Use. Subject to your compliance with these Terms of Use, H.P. Hydraulic grants you a limited, non-exclusive, non-assignable, revocable, non-transferable license to:

4. H.P. Hydraulique respects all copyright laws and expects its Users to comply with them as well. If you believe that any content on the Web Site infringes the intellectual property rights of a third party, please notify us by e-mail at: [email protected].

4. The Special Conditions governing certain modules of the Website

1. Each User must provide accurate, current and complete information at all times when using the Website.

2. H.P. Hydraulique reserves the right to accept, refuse, cancel or not process any request for services and/or information made by a User through the Web Site (hereinafter a “Contact”), in particular if any information provided is inaccurate or not up to date.

3. For the avoidance of doubt, any quotation, estimate and/or evaluation and/or cost study (hereinafter a “Submission”) that may be transmitted to the User by H.P. Hydraulic following receipt of an Intake shall not have the effect of binding H.P. Hydraulic and the Users for any given project. Only a quotation duly signed by H.P. Hydraulic and the End-User following acceptance of a Submission will constitute an agreement between the Parties.

4. Each User acknowledges that the mere fact of using the Web Site does not in itself create any promise or commit H.P. Hydraulique in any way to supply products and/or services.

5. By providing the information required to use the Web Site, in particular when making contact, you agree to do so voluntarily, without payment of any consideration and without any obligation.

5. Prohibited activities and conduct

1. As a User of the Web Site, you acknowledge that you are solely responsible for complying with all laws, rules, regulations and obligations that may apply to you in connection with your use of the Web Site.

2. In connection with your use of the Website, you agree not to:
   • violate or circumvent any applicable law or regulation, any agreement relating to the rights of employers, partners, third parties or the Terms of Use or policies or standards adopted by H.P. Hydraulic;
   • use the Web Site or the Content for any commercial or other purpose not expressly permitted by these Terms of Use or in any manner that falsely implies or otherwise misleads others about your affiliation with H.P. Hydraulic;
   • copy, store or otherwise access or use any information contained on the Web Site in any manner that violates H.P. Hydraulic’s privacy policy accessible via the following hyperlink: : https://hphydraulique.com/politique-de-confidentialite/ (the “Privacy Policy”) or these Terms of Use or that otherwise violates those of third parties;
   • use, display the Web Site or the Content or any individual item found within the Web Site, the H.P. Hydraulics name, any H.P. Hydraulics trademark, logo or other intellectual property right or design of any page contained on the Web Site, without the prior written consent of H.P. Hydraulics;
   • dilute, impair or otherwise violate any trademark owned by H.P. Hydraulic in any way including unauthorized use of the Content by registering and/or using the name H.P. Hydraulic or derivative terms in domain names, trade names, trademarks or otherwise or by registering and/or using domain names, trademarks or other identifiers that closely mimic or are confusingly similar to H.P. Hydraulic’s domain name or trademark;
   • use any malware to access and/or collect any data about any Website User and/or Content found on the Website;
   • attempt to decipher, compile or reverse engineer or do anything similar to any software used to provide the Website;
   • take any action that could damage or affect the performance or proper functioning of the Website; or
   • violate or infringe upon the rights of any person or otherwise cause damage to any person.

3. You acknowledge that H.P. Hydraulic has no obligation to monitor any User’s access to or use of the Web Site or review or edit any Content or block access to anyone but has the right to do so in order to (i) operate, secure and improve the Web Site; (ii) ensure compliance with and enforce the Terms of Use by Users; (iii) comply with any applicable law, court order or requirement of any court or other governmental organization; or (v) otherwise as more fully set forth in these Terms of Use. Users agree to cooperate and assist H.P. Hydraulic in good faith and to provide H.P. Hydraulic with any information and take any action that may be reasonably required by H.P. Hydraulic to comply with any investigation undertaken by H.P. Hydraulic or a representative of H.P. Hydraulic regarding the use or misuse of the Web Site.

6. Exclusions from warranty

1. H.P. Hydraulique makes no representation or warranty regarding the functionality of the Web Site, its suitability for use, or that its use will be uninterrupted or error-free. H.P. Hydraulics makes no representations or warranties as to the accuracy, truthfulness or representativeness, if any, of the Content, any other content that H.P. Hydraulics may make available on or through the Web Site or any response H.P. Hydraulics may provide in response to any Contact.

2. H.P. Hydraulique makes no warranties or representations regarding the skills or representations of any professionals who may have contributed to the Content, including without limitation our Publications, or the quality or accuracy of any information provided.

3. Without limiting the generality of the foregoing, in consideration of the fact that the Web Site contains hyperlinks to Third Party Web Sites and that H.P. Hydraulics has no control over the content of such Third Party Web Sites, H.P. Hydraulic makes no warranties and assumes no responsibility for the validity of the content, products and services offered, if any, on such Third-Party Web Sites, for any problems with the compatibility of Third-Party Web Sites with your computer equipment and systems, for contamination by computer viruses attributable to the use of Third-Party Web Sites or for inadequate data protection, if any, on Third-Party Web Sites, the collection of your personal information and its use and disclosure on such Third-Party Web Sites.

4. THE WEBSITE COMPONENTS AND CONTENT ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. H.P. HYDRAULIQUE DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY OR CONTRACTUAL, INCLUDING WARRANTIES OF QUALITY, DURABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE.

5. H.P. Hydraulic shall not be liable for any damages arising from your use of the Web Site and the Content offered on the Web Site. H.P. Hydraulic makes no representations or warranties and expressly excludes by these Terms of Use any liability for any treatment or action following the information offered, or submitted directly or indirectly, if at all, through the Web Site. Use of the Web Site is at your sole risk.

7. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OVERALL RISK RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT. OR USE OF ANY OTHER SERVICE OR INTERACTION YOU MAY HAVE, WHETHER IN PERSON OR ONLINE, REMAINS YOURS. NEITHER H.P. HYDRAULIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR CONTENT SHALL BE LIABLE FOR ANY SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS OR FOR ANY DAMAGES OR INCONVENIENCE OR INJURY ARISING IN CONNECTION WITH I) THESE TERMS OF USE, II) THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR III) ANY COMMUNICATION OR INTERACTION, IF ANY, WITH ANY PERSON WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON STATUTORY WARRANTY, CIVIL AND EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT H. P. HYDRAULIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Compensation

1. To the maximum extent permitted by any applicable law, you agree to release, defend (at H.P. Hydraulic’s option), indemnify and hold H.P. Hydraulic, including but not limited to their officers, directors, employees and agents, harmless from and against any and all claims, liabilities, damages, losses and expenses including, without limitation, legal and accounting fees, arising out of or in any way connected with :
   • your violation of these Terms of Use or any other H.P. Hydraulics policy or standard;
   • your inappropriate use of the Website; and
   • your violation of any law, regulation or third party right.

9. Privacy

1. H.P. Hydraulics may collect personal information and data that you provide when you visit the Web Site. The collection, use, disclosure, retention, access, correction and deletion of personal information and data are subject to the terms and conditions of H.P. Hydraulic’s Privacy Policy accessible via the following hyperlink: https://hphydraulique.com/politique-de-confidentialite/

2. H.P. Hydraulics may provide hyperlinks to Third Party Web Sites on the Web Site. These third-party Web Sites may contain terms and conditions and privacy policies that are different from those of H.P. Hydraulics. H.P. Hydraulic is not responsible for personal information and data collected, used or disclosed by any Third Party Web Site and H.P. Hydraulic expressly disclaims any and all liability related to such collection, use, disclosure, retention, access, correction and deletion.

10. Modifications to the Terms of Use

1. We reserve the right to modify these Terms of Use at any time without notice. You may check for changes and updates by referring to the “Last Updated” date at the top of this document. In all cases, your continued use of the Web Site following any change to the Terms of Use constitutes your acceptance of such change.

11. General

1. These Terms of Use shall be governed by the applicable laws and regulations of the Province of Quebec, Canada.

2. If any provision of these Terms of Use is or becomes invalid or unenforceable, the Parties will continue to be bound by the remaining provisions of these Terms of Use. In such event, the Parties will replace the invalid or unenforceable provision with provisions that are invalid or unenforceable and that have, to the greatest extent possible, a similar effect to the provisions that have been invalidated or deemed unenforceable, considering the content and purposes of these Terms of Use.

3. You agree that these Terms of Use and all agreements incorporated herein may be automatically assigned by H.P. Hydraulics in its sole and absolute discretion without notice to you, subject to applicable law.

4. The headings in these Terms of Use are for reference purposes only and may not be used in any manner to construe any such section. The words “included”, “including” are deemed to be followed by the words “without limitation”.

5. The failure of a Party to act with respect to a breach by another Party shall not constitute a waiver of that Party’s rights to act with respect to subsequent or similar breaches.

6. These Terms of Use govern your use of the Web Site and supersede any oral or written agreements between the parties.

7. Any notice required to be given under the Terms of Use or any question relating to the Web Site must be sent to H.P. Hydraulique by e-mail at the following address: [email protected].