A. ACCEPTANCE OF TERMS - Welcome to Wardandpatchsports.com!
Wardandpatchsports.com is an online information and communications
service (the "Service"). Unless explicitly stated otherwise,
any new features that augments or enhances the current Service
shall be subject to the Terms of Use.
By
accessing or using Wardandpatchsports.com, you agree to be bound
by the terms and conditions of this agreement. If you do not
wish to be bound by this agreement, you may not access or use
Wardandpatchsports.com.
Wardandpatchsports.com
may modify this agreement at any time, and such modification
shall be effective immediately upon either posting of the modified
agreement or notifying you. You agree to review this agreement
periodically to ensure that you are aware of any modifications.
You also agree that Wardandpatchsports.com shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service. Your continued access or use
of Wardandpatchsports.com shall be deemed your conclusive acceptance
of the modified agreement.
B. DISCLAIMER - The information contained
in Wardandpatchsports.com is compiled from a variety of sources
("Information Providers"). Wardandpatchsports.com’s
services and information are provided “AS-IS” without warranty,
express or implied.
Wardandpatchsports.com
and Information Providers make no warranty as to the reliability,
accuracy, timeliness, usefulness, adequacy, completeness or suitability
of the Service. Wardandpatchsports.com and Information Providers
cannot and do not warrant against human and machine errors, omissions,
delays, interruptions or losses, including loss of data. Wardandpatchsports.com
and Information Providers do not warrant or guarantee that the
functions or Services performed in Wardandpatchsports.com will
be uninterrupted or error-free or that defects in Wardandpatchsports.com
will be corrected. No advice or information, whether oral or
written, obtained by you from Wardandpatchsports.com or through
or from the Service shall create any warranty not expressly stated
in the Terms of Use.
Any
material 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.
Users of Wardandpatchsports.com are responsible for (1) implementing
and maintaining adequate procedures and checkpoints to satisfy
their particular requirements for accuracy of data input and
output, and (2) maintaining a means external to Wardandpatchsports.com
for the reconstruction of any lost data.
C. CONDUCT - By using this Service, you
agree not to use the Service to:
Upload,
post, e-mail or otherwise transmit any content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libellous, invasive of another’s privacy, hateful, or
racially, ethnically or otherwise objectionable;
Upload,
post, e-mail or otherwise transmit any content that you do not
have a right to transmit under any law or under contractual or
fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
Upload,
post, e-mail or otherwise transmit any content that infringes
any patent, trademark, trade secret, copyright or other proprietary
rights (“Rights”) of any party;
Upload,
post, e-mail or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation
except in areas that are designated for such purpose;
Upload,
post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software, hardware or telecommunications equipment;
Interfere
with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service; or Intentionally
or unintentionally violate any applicable local, national, or
international laws.
D. LINKS - You are encouraged to use
discretion while browsing the Internet on searches initiated
at Wardandpatchsports.com. Wardandpatchsports.com’s links may
lead unintentionally to sites containing information that some
people may find inappropriate or offensive. It may also lead
to sites that contain inaccurate information, false or misleading
advertising, or information that violates copyright, libel or
defamation laws.
Since
Wardandpatchsports.com has no control over such sites and resources,
you acknowledge and agree that Wardandpatchsports.com is not
responsible for the availability of such external sites or resources
and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available
from such sites or resources.
E. LIMITED LICENSE - By this Agreement,
Wardandpatchsports.com grants, subject to the Terms of Use, only
a limited, non-transferable and non-exclusive license to use
the software and documentation necessary to access, explore and
otherwise use Wardandpatchsports.com in real time and to use
the materials in Wardandpatchsports.com in a manner consistent
with paragraph F (Copyright) below.
F. COPYRIGHT - The entire contents of Wardandpatchsports.com
are copyrighted as a collective work under the laws of Canada
and other copyright laws. Wardandpatchsports.com holds the copyright
in the collective work. The collective work includes works that
are the property of the Information Providers that are also protected
by copyright and other intellectual property laws.
You
may display, subject to any expressly stated restrictions or
limitations relating to specific material, and download portions
of the material from the different areas of Wardandpatchsports.com
solely for your own non-commercial use, unless otherwise permitted.
Any redistribution, retransmission or publication of any copyrighted
material is strictly prohibited without the express written consent
of the copyright owner. You agree not to change or delete any
proprietary notices from materials downloaded from Wardandpatchsports.com.
G. LICENSES AND IDEA SUBMISSIONS - You agree to
grant to Wardandpatchsports.com a non-exclusive, worldwide, royalty-free,
perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved
products or services) you submit to public areas of Wardandpatchsports.com
by all means and in any media now known or hereafter developed.
You hereby waive your moral rights in any such materials and
information, and you hereby warrant that any such materials and
information are original with you, or that you have the right
to submit such materials and information. You agree that you
shall have no recourse against Wardandpatchsports.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communication to us.
H. INDEMNIFICATION - YOU AGREE TO
INDEMNIFY, DEFEND AND HOLD WARDANDPATCHSPORTS.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS,
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S
FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THE SERVICE,
YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR
VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS
OF ANOTHER.
I. WAIVER, RELEASE AND LIMITATION OF LIABILITY - YOU AGREE THAT
NEITHER WARDANDPATCHSPORTS.COM, NOR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE
ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY
IN CONNECTION WITH YOUR USE OF WARDANDPATCHSPORTS.COM.
YOU
HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE
AGAINST WARDANDPATCHSPORTS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES
YOU SUSTAIN IN CONNECTION WITH YOUR USE OF WARDANDPATCHSPORTS.COM.
NOTWITHSTANDING
THE FORGOING PARAGRAPH, THE TOTAL LIABILITY OF WARDANDPATCHSPORTS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED
THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE
PROVIDED. IN NO EVENT SHALL WARDANDPATCHSPORTS.COM, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS
BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT
REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF
THE INFORMATION ARE HEREBY EXCLUDED EVEN IF WARDANDPATCHSPORTS.COM,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
J. THIRD PARTY RIGHTS - The provisions
of paragraph H (Indemnification) and I (Waiver, Release and Limitation
of Liability) are for the benefit Wardandpatchsports.com and
its officers, directors, employees, agents, licensors, suppliers,
and Information Providers. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
K. TERMINATION - Either you or Wardandpatchsports.com
may terminate your right to use Wardandpatchsports.com at any
time, with or without cause, upon notice. The provisions of paragraphs
F (Copyright), G (Licenses and Idea Submissions), H (Indemnification),
I (Waiver, Release and Limitation of Liability), J (Third Party
Rights), and N (General Information) shall survive any termination
of the Terms of Use.
L. NOTICE - Notice to you may be made
via either e-mail or regular mail. The Service may also provide
notices of changes to the Terms of Use or other matters by displaying
notices or links to notices to you generally on the Service.
M. TRADEMARK INFORMATION - Wardandpatchsports.com,
Wardandpatch.com, TheGoalieCrease.com, and the Ward and Patch
Sports logo are trademarks of Ward and Patch Sports. All other
trademarks appearing on the Service are trademarks of their respective
owners.
N. GENERAL INFORMATION - The Terms of
Use constitute the entire agreement between you and Wardandpatchsports.com
and govern your use of the Service, superceding any prior agreements
between you and Wardandpatchsports.com.
The
Terms of Use shall be governed by and construed in accordance
with the laws of the Province of Ontario. You agree that any
legal action or proceeding between Wardandpatchsports.com and
you for any purpose concerning the Terms of Use or the parties’ obligations
hereunder shall be brought exclusively in a court of competent
jurisdiction sitting in the city of Toronto, Ontario, Canada.
Wardandpatchsports.com’s
failure to insist upon or enforce strict performance of any provision
of the Terms of Use shall not be construed as a waiver of any
provision or right. If any provision of the Terms of Use is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect
to the parties’ intentions as reflected in the provision, and
the other provisions of the Terms of Use remain in full force
and effect. Any cause of action or claim you may have with respect
to Wardandpatchsports.com must be commenced within one (1) year
after the claim or cause of action arises or be forever barred.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of the Terms of Use. Wardandpatchsports.com
may assign its rights and duties under the Terms of Use to any
party at any time without notice to you.
The
section titles in the Terms of Use are for convenience only and
have no legal or contractual effect. |