21-178 Scott Street
St. Catharines, Ontario, Canada L2N 6Y5 Telephone: 1-705-720-2291
2. ENTIRE 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.
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.
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
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:
SportExcel Inc. shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any User Content that:
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.
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 [email protected] 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:
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 [email protected]
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 [email protected]
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.
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.
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.
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.
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 [email protected] or by regular mail to SportExcel Inc., 21-178 Scott Street, St. Catharines, Ontario, Canada L2N 6Y5.
Please report any violations of this Agreement to [email protected]