Website Terms & Conditions of Use Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE TRUE HOCKEY WEBSITE. BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.
True Hockey LLC (hereinafter "True Hockey") may amend this Agreement at any time by posting a new agreement in place of this one. The amended agreement shall automatically be effective when posted. Your continued use of True Hockey's website following the posting of the amended agreement shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the Agreement or amendments then you must terminate all use of True Hockey's website. This Agreement may not otherwise be amended except by True Hockey.
You are granted a non-exclusive and non-transferable license to use and access True Hockey’s website. The website shall include the associated services and links.
In order to access and use the True Hockey website you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on True Hockey's computer systems, shall constitute an infringement of True Hockey's intellectual property and an unlawful use of True Hockey’s assets.
True Hockey is very concerned about the privacy and safety of all users, especially children.
You shall not:
- submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind; act, act of fraud or any act which infringes any third party rights; or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy; libelous, harassing or threatening of or to any person or organization; or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program; in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright; potentially creates liability or damage to True Hockey or its computer systems or its service providers.
You agree not to use any spider, robot or other automatic means to search or monitor the content of True Hockey's website. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with True Hockey’s software or website or their use by any other user. You agree not to cause any unreasonable burden or load on True Hockey's software or its computer systems.
You agree that True Hockey will not be liable for any delay or unavailability of the True Hockey website or related services, whether due to an act or omission of True Hockey or an act or omission of any third party.
True Hockey may make available to you the ability to submit information and links to the website. This includes the submission of links to the website. You agree that all of your submissions will be in compliance with this Agreement.
All submissions may be subject to review by True Hockey prior to the information or link being posted to the website. True Hockey may refuse to post any information or link and may remove the same for any reason, in its sole discretion.
True Hockey’s posting of any information or link does not mean that True Hockey agrees that the information or link complies with this Agreement or that True Hockey agrees with the content of the information or link.
While True Hockey may review each submission, it does not thoroughly review the information or the third party website that a link may resolves to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding True Hockey's review, you agree to indemnify, defend and hold harmless True Hockey and other users for any loss or damage that True Hockey or any user may suffer as a result of the posting of any information or link that you submit.
Some information or links posted to True Hockey’s website may be offensive to you or incorrect or misleading.
Some portions of the Website allow users to post information including links to other resources on the Internet. Some of this information may be reviewed by True Hockey prior to its posting. However, even if True Hockey reviews and posts a submission to its website it does not mean True Hockey endorses the same. All such postings remain the sole responsibility of the person who submitted such information or link. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been submitted and posted. Under no circumstances will True Hockey be liable in any manner for the same.
True Hockey may change, add to or delete from its website at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.
True Hockey has certain protectable proprietary rights in its software and website, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the True Hockey website other than for personal use.
THE TRUE HOCKEY WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. TRUE HOCKEY MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE TRUE HOCKEY WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. TRUE HOCKEY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.
IN NO EVENT SHALL TRUE HOCKEY BE LIABLE FOR ANY SPECIAL, INDIRECT, DIRECT, PUNITVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE TRUE HOCKEY WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF TRUE HOCKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES TRUE HOCKEY’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (DOL).
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. Any links posted to the True Hockey webpage are not affiliated with True Hockey, whether by partnership or otherwise.
True Hockey's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of True Hockey's software, website, and the relationship between the parties. Amendments shall only be effective as provided in this Agreement.
Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
This Agreement, the relationship between you and True Hockey and your use of True Hockey’s website, and the resolution of any dispute arising between the parties, shall be governed and construed in accordance with the laws of the State of Missouri, without reference to its conflicts of laws provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.