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Welcome to HitGames.CA (“HG.CA”). We provide our services to you subject to the following Terms of Use (“TOU”):
 

1. ACCEPTANCE OF TERMS OF USE
The following are terms of a legal agreement between you and HG.CA.  By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.

HG.CA reserves the right to update or revise the TOU at its discretion and without notice.  You are responsible for checking the TOU periodically for changes. If you continue to use HG.CA following the posting of any changes to the TOU, you agree to be bound by these changes.  
In addition, when using particular HG.CA services, you and HG.CA shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. 

2. DESCRIPTION OF SERVICE 
HG.CA provides an online marketplace that sells cellular accessories, tablet accessories, notebook accessories  , and associated literature for your PC and Mac

RETURNS, EXCHANGES and REFUNDS and PREORDERS 
i. Items can only be exchanged for the same product or the correct product if a mistake was made on your order. 
ii. HitGames.CA is not responsible for lost items being sent back to us. Please us an insured courier with tracking information to avoid such an occurrence. 
iii. YOU CARD IS NEVER BILLED UNTIL THE ORDER HAS BEEN SHIPPED OUT.  We also reserve the right to rescind the preorder contract due to product unavailability. 
iv. All refunds will be handled and the discretion of company management.
v. All refunds for orders lost in the mail will be subject to a 90 day grace period to ensure 100% non delivery of that product.

 4. CURRENCY
All currencies on the HG.CA website are for comparative purposes only.  All transactions are billed in Canadian Dollars. We are not responsible for any charges or conversion errors made by you or your card issuer. We can only guarantee the amount that is listed on the payment page in CAD. 

5. DELIVERY
All items will be dispatched within the stated availability time in conjunction with the chosen delivery time. All orders are subject to fraud verification which may take up to 5 days to complete from your financial institution, which may and can be add to the availability time and the shipping time.  All users will be notified of problems with stock availability within 7 days.

6. PRODUCT COMPATIBILITY
HG.CA is not responsible for any damages or monetary loses due to product incompatibility regarding, different electrical standards, and video signals. It is up to the customer to determine if any products purchased from this website is usable in their location of the world. Refunds will not be made for product incompatibility reasons. 

 9. EXPORT/IMPORT DUTIES, TAXES, BROKERAGE FEES and SHIPPING
The user is responsible for all charges or taxes regarding the shipment of their item. By ordering or using any part of this site the user accepts these terms unconditionally. It is up to the user to determine if importing these goods is allowed / legal in their country as HitGames.CA, is not responsible for opened or seized shipments at the destination country. 

10. CHECKOUT, MY ACCOUNT, PRE-ORDERS, and/or LOG ON 
By clicking the “CHECKOUT”, “MY ACCOUNT”, “PRE-ORDERS” and/or “LOG ON” features of the site and registering with the HG.CA Web Site, or logging in as a previous user, you are designating yourself as a “Customer”. “Customers” are entities looking to make a purchase from the HG.CA Web site.

11. PRIVACY POLICY 
Registration Data and certain other information about you are subject to our Privacy Policy.


13. USER REGISTRATION OBLIGATIONS
In consideration of your use of the Service, where applicable, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HG.CA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HG.CA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

14. REGISTRATION and ACCOUNT
Upon completion of the registration you will receive a registrant designation, along with its associated User ID and Password. You are responsible for maintaining the confidentiality of your User ID and Password, and you are fully responsible for all activities that occur under your account. 
You agree to immediately notify HG.CA of any unauthorized use of your account or any other breach of security and to ensure that you exit from your account at the end of each session. HG.CA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 15. 

15. HG.CA  CONTENT 
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.  You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. 
Under no circumstances will HG.CA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Service. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users are those of the respective author(s) or distributor(s) and not of HG.CA. 
You are solely responsible for the retrieval and use of the Content, transactions, products or services available on or through the Service.  You should apply your own judgment in making use of the Content, including, without limitation, the use of the Content as the basis for any conclusions or for the sale or purchase of any products or services or other transactions.

16. THIRD PARTY CONTENT 
This web site may contain links to other third party services and resources for informational purposes only HG.CA is not responsible for such third party services and resources, nor does HG.CA approve or endorse such third parties or their service or resources. You further acknowledge and agree that HG.CA 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 use of or reliance on any such content, goods or services available on or through any such website or resource.

17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in the promotions of, Sellers and Advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Seller or Advertiser. You agree that HG.CA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Sellers or Advertisers on the Service. 

18. MONITORING
You acknowledge that HG.CA does not pre-screen Content, but that HG.CA and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, HG.CA and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HG.CA or submitted to HG.CA, including, without limitation, information in the message centre, professional profiles, customer projects, and in all other parts of the Service. 
You acknowledge and agree that HG.CA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety ofHG.CA, its users and the public. 

19. GENERAL PRACTICES REGARDING USE AND STORAGE 
You acknowledge that HG.CA may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that messages, profiles or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HG.CA’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HG.CA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HG.CA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HG.CA reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

20. MODIFICATIONS TO SERVICE 
HG.CA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HG.CA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

21. TERMINATION OF ACCESS
You agree that HG.CA, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if HG.CA believes that you have violated or acted inconsistently with the letter or spirit of the TOU. HG.CA may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that  may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that HG.CA shall not be liable to you or any third-party for any termination of your access to the Service.

22. INDEMNITY 
You agree to indemnify and hold HG.CA, and its parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

23. NO RESALE OF SERVICE 
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 

24. CONTENT SUBMITTED BY USERS
HG.CA does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HG.CA a world-wide, royalty free and non-exclusive license to publish the Content submitted.

25. HG.CA ’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HG.CA  or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 

HG.CA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HG.CA for use in accessing the Service.

26. TRADE-MARK INFORMATION 
HitGames.CA trademarks, logos and service marks (collectively the “trademarks”) used in this web site are the property of HitGames.CA or their respective owners. All other company names, brand names and logos used on HG.CA are the trademarks of their respective owners.  Nothing in this web site should be construed as granting by implication or otherwise, a license or right to use of HG.CA in any manner any of the trade-marks in the site without the express written permission from HG.CA or its respective owner.

27. COPYRIGHT INFORMATION
The Content on HG.CA is protected by various copyright laws.  You agree not to reproduce, republish or redistribute any Content, including, but not limited to, caching, framing and similar means, without express written permission of the copyright owner.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately.

28. DISCLAIMER OF WARRANTIES 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
a.         YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HG.CA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b.         HG.CA MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS THAT: (i) THE SERVICE OR RESULTS DERIVED FROM THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, UP-TO-DATE, COMPLETE, UNTAMPERED OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
c.         ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.
d.         NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMHG.CA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

29. LIMITATION OF LIABILITY 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HG.CA  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HG.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

30. EXCLUSIONS AND LIMITATIONS 
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 OF SECTIONS 23 AND 24 MAY NOT APPLY TO YOU. 
31. INTERNATIONAL USE 
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside. 
32 NO AGENCY  
You and HG.CA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this TOU.

33. GENERAL INFORMATION 
The TOU constitute the entire agreement between you and HG.CA and govern your use of the Service, superseding any prior agreements between you and HG.CA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. 
You and HG.CA expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the International Sale of Goods Act (Ontario), as amended, replaced or re-enacted from time to time.
This portal is physically located on a server in Ontario, Canada and the laws of the province of Ontario and the federal laws of Canada shall apply without regard to the conflict of laws principles.  The Service and the Content are not to be construed as any form of recommendation, promotion, endorsement, or an offer to sell any product or service, by or to enter any transaction with HG.CA.
You and HG.CA agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. 
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use shall be resolved by binding arbitration held in Toronto, Ontario and before a single arbitrator, who is independent of the parties, legally trained and experienced in the field of information technology, in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17.