SportExcel Inc.

High performance training for athletes, coaches, and leaders
 

  The system that teaches you how to perform in the Zone... and excel

Website Terms of Use

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1. WELCOME


Welcome to SportExcel Inc.'s website. Please read the following terms of use relating to your use of this Site, and all the sites listed below under our brand, carefully. By using these Sites, you agree to these terms of use. We reserve the right to modify these terms at any time, so please check this page periodically for changes. By using these Sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use, please do not use this site or any of our sites.


These terms of use apply to your use of all of the Sites and services owned, hosted, or operated by SportExcel Inc. (collectively “we,” “us,” or “our”), including sportexcel.ca, sportexcelshooting.com, and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites (collectively, the “Sites”). Unless we say otherwise, all references to the Sites in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.


If you have any questions about these terms of use you may contact us at:


SportExcel Inc.
21-178 Scott Street
St. Catharines, Ontario, Canada L2N 6Y5 Telephone: 1-705-720-2291
admin@sportexcel.ca


We recommend that you review this Terms of Use Agreement (the "Agreement") carefully before using the Sites.  By visiting or using the Sites in any way, or linking to the Sites, you are entering into an agreement with SportExcel Inc.  At all times, you are bound by the then-current version of this Agreement and all applicable laws. SportExcel Inc. highly recommends that you review this Agreement from time to time to ensure that you are familiar with the most recent version. 

 

2. ENTIRE AGREEMENT

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and SportExcel Inc. relating to your use of the Sites. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion of this Agreement shall be deemed severed from the Agreement and shall not affect the validity or enforceability of the remainder of this Agreement.

 

3. SITE CONTENT AND COPYRIGHT

These Sites and the computers (including the software and files) used to run and maintain it are the property of SportExcel Inc. These Sites, the computers hosting these Sites, and content provided on these Sites, including the text, graphics, audio and video, podcasts, and downloads, are the exclusive property of SportExcel Inc. or are licensed to SportExcel Inc., and may not be accessed, copied, reproduced, modified, altered, publicly distributed, republished, uploaded, posted, transmitted, publicly performed or displayed, or otherwise used without written permission from SportExcel Inc.

 

SportExcel Inc. or its licensors own all intellectual property rights, including copyrights, in such content.   You may, however, access these Sites and view, display, download, store, and print the materials available on these Sites, but only for your personal, non-commercial use. You may not remove any copyright notices or other notices of intellectual property rights from such content. Any unauthorized use of these Sites will terminate the permission granted by these Terms of Use and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes. All violators will be pursued to the fullest extent of the law.


4. USER CONTENT

Any content that you provide, upload, or otherwise make available on the Sites ("User Content") is and remains your sole property or the property of your licensors. By providing, uploading, or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted SportExcel Inc. a fully paid-up, perpetual, irrevocable, royalty-free, non-exclusive, worldwide right and license (with the unrestricted right to grant sublicenses) to copy, reproduce, modify, alter, translate, publish, distribute, perform, display, transmit, and otherwise use the User Content in any format or medium.

You or the owner also permit any other user of the Sites to access, view, display, download, store, print, and otherwise use the User Content to the same extent permitted by this Agreement with respect to other content available on the Sites.


You are not permitted to provide, upload, or otherwise make available any confidential or proprietary information on the Sites and you represent and warrant that all of your User Content is not confidential or proprietary in any way. Persons under 18 years of age are not permitted to provide, upload, or otherwise make available User Content on the Sites.


5. TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Sites without permission from the trademark owner, except as permitted by applicable law. 


6. SITE SERVICES

Site users will have the opportunity to enroll in subscription services, training programs, send emails, and submit applications online ("Services"). In order to participate in some of these Services, you must provide true, accurate, current, and complete information about yourself as prompted by the Site's account registration form (such information being "Personal Information"), which shall be collected pursuant to the Privacy Policy of the Sites.

 

You may only access the Sites and Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Sites and Services. You agree that you will not, in connection with the Sites or the Services:


  1. Commit a criminal offense or encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data from Canada;
  2. Upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable User Content;
  3. Upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit;
  4. Upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; (v) alter, damage, or delete any User Content or other communications that are not your own, or otherwise interfere with the ability of others to access or use the Services;
  5. Disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to exchange information;
  6. Claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
  7. Upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes";
  8. Impose an unreasonable load on the Site's infrastructure or infect it with viruses, worms, or other malicious computer programs;
  9. Collect or store personal data about other users;
  10. Reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Sites or Services;
  11. Harm minors in any way;
  12. Stalk or otherwise harass another person;
  13. Collect or store personal information about other users without their permission;
  14. Reverse engineer or decompile the software comprising the Sites, except as permitted by applicable law;
  15. Access the Sites or any portion of the Sites without authorization or in a way that exceeds your authorization; and/or;
  16. Provide false or misleading personal information or email addresses, or impersonate any other person or entity.

 

SportExcel Inc. shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any User Content that:

  1. Violates any term of this Agreement; or,
  2. Is otherwise illegal, offensive, or inappropriate.

SportExcel Inc. disclaims all responsibility for User Content or the content of any transmissions to these Sites and all liability arising from such content. SportExcel Inc. shall have the sole discretion to terminate your access to the Services or the Sites.

 

Notwithstanding the Privacy Policy of the Sites, SportExcel Inc. will fully cooperate with any law enforcement authorities or court orders requesting or directing SportExcel Inc. to disclose Personal Information of anyone who submits User Content to the Sites in violation of the terms of this Agreement or applicable laws.


7. LINKS

A. Links to the Sites

You may create a link from your website to the home page of the Sites, without prior written permission, through a plain-text link, namely sportexcelshooting.com and/or sportexcel.ca.

SportExcel Inc. asks that you notify us in advance of your intention to do so by contacting admin@sportexcel.ca. You may not use any SportExcel Inc. trademarks or service marks as links to the Website from other websites, or as machine-readable search terms, such as metatags or hidden text. SportExcel Inc. reserves the right to revoke your permission to link to the Website in its absolute and sole discretion. Any third party website that links to the Website:

  1. Shall not create a frame around content of the Sites;
  2. Shall not replicate the content of the Sites;
  3. Shall not state or imply that SportExcel Inc. sponsors or endorses the third-party website;
  4. Shall not libel or present false or misleading information of any kind, including information about SportExcel Inc. or its members; and
  5. Shall not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate.

 

Deep linking to internal pages of the Sites is expressly prohibited. The posting or creation of any link to the Sites signifies that you have read and agree to abide by this Agreement. If you believe that any website that links to the Sites contains illegal, offensive, or inappropriate content, please send an email to admin@sportexcel.ca


B. Links to Third-Party Web Sites

Links to other websites or Internet locations from the Sites have been provided for your convenience only. SportExcel Inc. does not endorse, sponsor, or approve of any content of such websites or locations. SportExcel Inc. has no control over any of the websites or Internet locations that you may access through the Sites, and is not responsible for the content or accuracy of the content of any such website or location. If you access any other website or Internet location through the Sites, you do so at your own risk. If you believe that any link on the Website leads to an illegal, offensive, or inappropriate website, please send an email to admin@sportexcel.ca.


8. DISCLAIMER OF WARRANTIES

All content of these Sites, including any software and user content, is provided "as is" and without warranties or representations of any kind, either expressed or implied. To the fullest extent permissible under applicable law, SportExcel Inc. disclaims all warranties and representations, expressed or implied, relating to any content available on the Sites, including but not limited to any warranties and representations of non-infringement of third party intellectual property rights, title, merchantability, fitness for a particular purpose, quiet enjoyment, system integration, or data accuracy.

 

Although SportExcel Inc. wishes the content of these Sites to be accurate, complete, and current, SportExcel Inc. does not warrant or represent that any content of these Sites (including any software) or any data on these Sites is accurate, error-free, complete, or current, that use of such content or data will be uninterrupted, that defects will be corrected, or that these Sites, its content or data, and the servers on which the Sites and content are available, are free of viruses or other harmful components. Moreover, SportExcel Inc. disclaims any obligation to maintain these Sites or keep it operational. Applicable law may not allow the exclusion of certain warranties, so these exclusions may not apply to you in whole or in part.


9. LIMITATION OF LIABILITY

Under no circumstances will SportExcel Inc. be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages or losses based on or caused by any use of these Sites or any other website to which these Sites are linked, the content of this or other websites, or any viruses or other harmful components derived from any such websites, including without limitation any lost profits, revenue, or use, business interruption, or loss of computer programs, data, or information, even if SportExcel Inc. has been specifically advised of the possibility of such damages or losses. Applicable law may not allow the exclusion of certain liabilities, so these exclusions may not apply to you in whole or in part.


10. NO PROFESSIONAL ADVICE

The information contained in, or made available through the Sites (including but not limited to information contained on message boards OR in text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.


11. PARENTAL PERMISSION

The Sites are not directed to children under the age of 18 and we will not knowingly collect personally identifiable information from children under 18. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.


12. NON-COMPETITION AND CONFIDENTIALITY

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and SportExcel Inc. will pursue legal action and full damages if these terms are violated in order to protect its rights.


13. INDEMNIFICATION

You agree to indemnify and hold SportExcel Inc., and its successors, assigns, affiliates, directors, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees and amounts paid to settle claims or demands, made by any person due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services or Sites, your use of the Services, your connection to the Services and Sites, or your breach of this Agreement.


14. TERMINATION OF SERVICE

You may discontinue your participation in and access to the Sites and Services at any time. The Agreement will continue to apply to all past use of the Sites and Services by you, even if you are no longer using it. You acknowledge and agree that SportExcel Inc. and its affiliates may terminate or block your use of all or part of the Sites and Services without prior notice for any reason, including, without limitation, if SportExcel Inc. believes you have engaged in conduct prohibited by this Agreement. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Sites and Services and may bar your use of the Services.


15. MODIFICATION OF THE SITES OR SERVICES

SportExcel Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and/or Services with or without notice. You agree that SportExcel Inc. will not be liable to you or to any third party for any modification, suspension, or discontinuance of service.


16. JURISDICTION AND CHOICE OF LAW  

These Sites are hosted on servers located in Ontario, Canada.  SportExcel Inc. controls and operates the Sites from Ontario, Canada and makes no representation or warranty that the content of the Sites is appropriate, lawful, or available for use in other geographic locations. If you use the Sites from other locations, you are responsible for compliance with all applicable local laws.


17. NO WAIVER

The failure of SportExcel Inc. to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other persons shall not in any way constitute a waiver of SportExcel Inc.'s rights to enforce any provision of this Agreement against you or any other person at any time.


18. NOTICES

SportExcel Inc. may give notices to users of the Sites, at SportExcel Inc.'s option, by posting a message on the Sites, by e-mail, or by regular mail. Notices to SportExcel Inc. can be sent via e-mail to admin@sportexcel.ca or by regular mail to SportExcel Inc., 21-178 Scott Street, St. Catharines, Ontario, Canada L2N 6Y5.


19. PRIVACY POLICY

SportExcel Inc.'s policy with respect to the collection and use of your personal information is set forth in its Privacy Policy.

 

For more information please review the privacy policy on these Sites.


20. VIOLATIONS

Please report any violations of this Agreement to admin@sportexcel.ca.


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Testimonials

  • "Working with Bob Palmer has made an extremely positive and lasting impact on my life. Not only did my scores increase dramatically, but my enjoyment and excitement for my sport..."
    ~ Taylor Hodges
    International Skeet Shooter, Texas

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