TERMS OF USE

ACCEPTANCE OF TERMS OF USE

Thank you for using HockeyHelps.com.

The services of this website are being offered to you by HockeyHelps.com Incorporated and any of its affiliates or associated companies pursuant to these Terms of Use.  By visiting or using the services provided by this site you accept these conditions, so please review them carefully.

When you use any current or future service of this site or make any purchase from this site you are subject to these terms of use and any other policies of HockeyHelps.com Incorporated.

By using this site and any service offered through it, or participating in the registration process, you agree to be bound by all of these Terms of Use and all related policies, conditions and guidelines.  If you do not agree with any of the conditions of use herein you are not permitted to use HockeyHelps.com.

Use of this web-site is available only to persons who are able to enter a legally binding contract.  If you are not able to enter into a contract, or are under the age of 18, you are required to use HockeyHelps.com with the supervision and involvement of a parent or guardian who has agreed to these Terms of Use.

LICENCE AND SITE ACCESS

HockeyHelps.com grants you a non-exclusive non-assignable limited licence to access and make personal use of this site and the services provided therein. This licence does not allow you to download or modify the site, or any portion of it, in any fashion without our express written consent.  This licence does not allow you to make any commercial use of this site or its contents (including user submitted content), collect or use of any product listings, descriptions or pricing, make any derivative use of the site or its contents (including user submitted content), download or copy of any account information for the benefit of another merchant, or use any data mining, robots, or similar data gathering and extraction tools.  This site or any portion of it may not be duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent.  Your use of this site does not give you any licence or ownership over our intellectual property rights, including our name, logos, branding or the content of the site, without our express written permission.

You are granted a limited, revocable and nonexclusive right to create a hyperlink to our homepage so long as the link does not portray HockeyHelps.com, any affiliates, or their products or services in a false, misleading, derogatory or otherwise offensive manner.

Any unauthorized use immediately terminates the permission or licence granted to you by this site.

YOUR ACCOUNT, PASSWORDS, AND SECURITY

If you have registered to use our site, you will receive a user ID and password. You are solely responsible for maintaining the privacy and confidentiality of you user ID and password. You are solely responsible for any and all activities which occur under you user ID and password and for any content submitted under your user ID.  You agree to immediately inform HockeyHelps.com of any unauthorized use of your user ID or any other breach of security known to you.
DESCRIPTION OF SERVICE

HockeyHelps.com is providing you various commercial services through this site.  In consideration for this, you agree to provide certain current, complete, and accurate information about yourself as requested by us. You further agree to maintain and update this information as necessary to keep it current, complete, and accurate.

We will use your information that you have provided to us for limited commercial purposes, but only in accordance with our comprehensive privacy policy that can be accessed here.

HockeyHelps.com reserves the right to modify or discontinue the services provided through this site, these Terms of Use, our policies or the site itself at any time with or without notice to you.  Any modifications or revisions will be effective immediately upon their posting on the site.  Your use of the site will be subject to the version of the Terms of Use that are posted herein at the time of such use. Your continued use of this site following the posting of any modifications or revisions will constitute your acceptance of any such modifications or revisions.  If you do not agree to any such modifications or revisions to the Terms of Use you are no longer allowed to use this site.

If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision or portion thereof and shall be deemed severable and every remaining provision or portion thereof of these Terms of Use continues in full force and effect.

YOUR CONTENT

Some of the services we provide through this site allow you to submit your own content.  If you use such a service, you retain ownership of any intellectual property rights that you hold in that content.  However, by submitting content to this site, you grant HockeyHelps.com and its affiliates an exclusive non-revocable royalty-free worldwide license to use, host, store, reproduce, modify, create derivative works (by altering or changing your content to conform with these Terms of Use or any policies or guidelines or rules of this site), communicate, publish, publicly perform, publicly display and distribute such content.  The license you grant to Hockeyhelps.com over your content will be used by it for both charitable giving and for-profit purposes, and allows us to use your content for advertising purposes.  You further grant HockeyHelps.com the right to sublicense your content to Third Parties.  This license and our right to sub-licence shall continue to be effective even if you stop using the site or its services.

By submitting content you are also providing us with your warranty that you have the necessary rights to grant us this license.
USER CONDUCT

You are solely responsible for the content you submit to this site or in any electronic or email communication to HockeyHelps.com. Your use of this site or the services provided through it is subject to all applicable local, provincial, national and international laws and regulations. You agree not to transmit on this site any unlawful, libelous, harassing, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, or give rise to civil liability. HockeyHelps.com reserves the right, in their sole discretion, to refuse service, terminate accounts, bids or licences, remove or edit content, cancel purchases or orders or immediately terminate your use of this site should your conduct fail to conform to these Terms of Use.
LIMITATION OF LIABILITY

HockeyHelps.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use this site or the services provided herein, or for cost of procurement of substitute goods and services, or resulting from any goods or services purchased or obtained, or messages received or transactions entered into through the site or resulting from unauthorized access to, or alteration of your transmissions or data, including but not limited to, exemplary or punitive damages, or damages for loss of profits, use, data or other intangible, even if HockeyHelps.com has been advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify and hold harmless HockeyHelps.com and any of its partners, subsidiaries, affiliates, directors, partners, principals, representatives, agents, officers and employees, successors and assigns from any claim or demand, including reasonable attorney’s fees, due to or arising out of your use of the site or its services, any violation of these Terms of Use, or the infringement by you  or other user of the site using your computer, User ID or password of any intellectual property or other right of any person or entity.

DISCLAIMER OF WARRANTIES

HockeyHelps.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through this site.  Unless otherwise specified in writing, you expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, HockeyHelps.com disclaims all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose.

HockeyHelps.com does not warrant that this site, any information, content, materials, products or services included on or otherwise made available to you through this site or its email or servers are free of viruses or other harmful components.

LAWS

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Alberta. You and HockeyHelps.com agree to submit to the exclusive jurisdiction of the courts of the province of Alberta. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. HockeyHelps.com’s failure to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HockeyHelps.com in writing.

Any dispute related in any way to your use of the site or its services, or related to any purchase you make, or with respect to any dispute or question that may arise regarding these Terms of Use or any part thereof which cannot be resolved by agreement, shall be settled by confidential arbitration pursuant to the Arbitration Act (Alberta).  The decision or evaluation arrived at by such a single arbitrator shall be binding and there shall be no appeal therefrom.  Such single arbitrator shall have all the powers given to him by the Arbitration Act (Alberta) and may at any time proceed in such a manner as he may see fit on such notice as he may deem reasonable and in the absence of a party if such party fails to attend.  This arbitration provision shall not apply to a situation where you have violated or threaten to violate the intellectual property rights of HockeyHelps.com or its affiliates.