Terms of Use

LAST UPDATED: SEPTEMBER 29, 2020

Welcome to HockeyShot! This website, including all information, resources, products and services, is owned and operated by HockeyShot Inc. (“HockeyShot”, “we”, “us” or “our”). These terms of use (“Terms”) are a legally binding agreement between you (the “User” or “you”) and us, and governs your use of the website. Please read these Terms carefully. By using or accessing any part of the website in any way including, but not limited to, becoming a member of the website, blogging or posting a comment or any other content on the website, you signify that you have read, understand and agree to be bound by the Terms.

We reserve the right to change, modify or amend these Terms at any time, and will post a current version of these Terms on our website. It is your responsibility to check this webpage periodically for any such updates. Your use, and continued use of the website following an amendment to these Terms constitutes your agreement to these Terms and a binding agreement between HockeyShot and you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

PRIVACY

These Terms include our Privacy Policy, which explains how we handle any information that you might submit to us or we may hold about you (e.g., if you create an Account you will need to provide us with your name and email address). Our Privacy Policy is available here and is incorporated by reference.

WHO CAN USE OUR WEBSITE

You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our website and the services it offers. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from directly using our website and services, and a parent or guardian must make purchases on your behalf. By using our website, you represent and warrant that you have the right and authority to enter into these Terms. We disclaim any and all responsibility or obligation to monitor or verify the age or legal status of any of our website users.

We ship to all locations outlined on our Shipping Policy page here.

WHAT YOU CAN DO ON OUR WEBSITE

Our website allows you to view and purchase a variety of hockey training products and services, including: synthetic ice flooring, training aids, accessories, signup for Training Programs, additional training content and our Blog.

Accounts

Our website allows you to register for and set up a user account (“Account”). By doing so, you’ll be able to take advantage of various features, such as creating a personal profile, updating your preferences, joining our rewards program, expedited checkout, tracking your orders and adding reviews, adding products into your Wish List, downloading content, etc. Some information you submit to us through your Account may be personal information. Please see our Privacy Policy for more details on how we handle such information.

Products and Services

In addition to the functionality and benefits of our Accounts, our online store allows you to add various products to your cart, select quantities for purchase, and engage in purchase transactions whether as a registered user or a guest. We also provide information and resources for you, such as our blog and training content for you to find our products and help in your training development.

Quantities of some products may be limited or low in stock (e.g., clearance products). While we make every effort to fulfill your order, due to high demand it may be the case that an item becomes out of stock during the order placement process. If a product you order is out of stock at the time you place an order, we will send you an email and you may elect to have it shipped on a subsequent shipment or request a refund.

You can also rate and submit reviews for our products. You do not need to have an account in order to submit a review.

Payment and Return Policy

We use the services operated by Shopify Payments (“Payment Processor”) as a payment gateway for processing purchase orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers.

When you make a purchase on our website, you agree to pay, and authorize our Payment Processor to charge you using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in [CDN/US/EUR] Dollars and are non-refundable except as required by law. We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.

Our Return Policy is available here.

ACCEPTABLE USE POLICY

We have established the following rules of use for our website. You agree not to:

  • post any content that is unlawful, harmful, fraudulent, inaccurate, threatening, libelous, slanderous, abusive, harassing, obscene, profane, vulgar, sexually offensive, hate speech or racially, ethnically or ethically objectionable;
  • post any content that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national, or international law;
  • violate any third party rights, including third party intellectual property rights (including copyright, such as removing proprietary notices or labels on this website of the Content (as defined below)) or privacy rights;
  • post any content for commercial purposes, including advertising, promotions, junk mail or spam;
  • post any any content or comments relating to our competitors or competitors’ products;
  • commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects on the website and/or the web server(s) hosting the website or other websites owned by us;
  • frame, mirror, scrape or data-mine the website or any of its content in any form or by any means;
  • post, upload or otherwise transmit through the website any viruses or other harmful, disruptive or destructive files;
  • collect data, including individuals’ personal information (as defined in our Privacy Policy, from the website for unsolicited marketing purposes or other commercial purposes;
  • disclose a password, permit a third party to use a password, or fail to notify us if a password is compromised;
  • impersonate or misrepresent your affiliation with any person or entity; and/or
  • encourage or enable any other individual to do any of the foregoing.

HockeyShot, in its sole discretion, reserves the right to review, edit and/or remove any information you post, display or place on the website and/or the web server(s) hosting the website and other websites owned by us. Misuse of the website may result in civil and/or criminal liability. We have the right to immediately terminate the access of any User who misuses the Website or violates the Terms.

THE CONTENT ON OUR WEBSITE

Except for public domain material, all content (including Submissions, as defined below) and material on and/or forming part of our website from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by HockeyShot or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

User Submissions

Our website allows you to submit content to us, such as through posting reviews. By providing, posting, uploading, inputting or submitting materials, content, blogs, comments, postings, messages, feedback, ideas, stories, photographs, data or other information (the “Submissions”) on the website, you warrant and represent that you own or otherwise control all of the rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions on the website. Furthermore, you hereby grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. You shall provide waivers in our favor with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. You also hereby authorize any other user of the website to copy, access, display, view, store and reproduce your Submissions for personal use.

Trademarks

The trademarks, service marks or logos displayed on and/or used in connection with this website, including but not limited to “HOCKEYSHOT” (in Canada) and “HOCKEYSHOT.COM” (in the United States of America) (collectively, the “Marks”) are either registered or unregistered trademarks of HockeyShot or of our licensors. Nothing in these Terms should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website.

LINKS TO OTHER WEBSITES

Like many other websites, our website contains links to other third party websites, which are not governed by these Terms (“Linked Sites”). These links are provided for your convenience only and do not imply endorsement by us of the Linked Site or any association with its operators. Please be aware that these Linked Sites may be governed by separate terms of use. We encourage you to be aware when you click these links and leave our site. Your use of these Linked Sites is at your own risk.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

HockeyShot Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our website contains materials of third parties and links to third party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our website or are stored or transmitted by or over our website. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), we will respond expeditiously by disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our website.

HOW TO PROVIDE NOTICE OF INFRINGEMENT CLAIMS

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HockeyShot’s Agent for Notice listed below with the following information in a written notice:

  1. An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed;
  2. An identification of the material that is claimed to be infringing and a description of where the material is located on our website (please provide a URL if possible);
  3. Your address, telephone number, and email address;
  4. A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
  5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf; and,
  6. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

HockeyShot’s designated Agent for Notice of claims of copyright infringement can be reached as follows:

Service Provider: HockeyShot Inc.
Name of Agent for Notice: Copyright Agent
By mail: 7025 Langer Drive, Suite 115, Mississauga, ON L5N 0E8
By phone: +1 (888) 417-7468
Email: customersupport@hockeyshot.com

LEGAL TERMS

No Warranties

This website, the products and services it offers and the Content are provided by HockeyShot on an “as is” and “as available” basis only and without warranties of any kind either express or implied. To the maximum extent permissible under the law, and without limiting the foregoing, HockeyShot expressly disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of intellectual property and other proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance. HockeyShot does not warrant that the website, the products or services it offers or any Content will be uninterrupted or error-free, that defects will be corrected or that the website or the web server hosting the Website will be free of viruses or other harmful components. If you download Content from the website, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. No advice or information obtained by you from the website shall create any warranty of any kind. In no event will HockeyShot be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the website. HockeyShot does not monitor all activity occurring on the website, but reserves the right to do so.

Limitation of Liability

To the maximum extent permitted by law and without limiting the foregoing, HockeyShot and its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, shall not be liable to you or any other party for any damages of any kind arising from your use of the website, the products and services it offers, any Linked Sites, or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages, and includes loss of profits, business interruption, cost of substitute products or services, loss of programs or other data on your information handling system or otherwise, even if HockeyShot is expressly advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

If you are dissatisfied with any portion of the website or services, or with these Terms or any other policy applicable to the website or services, your sole and exclusive remedy is to discontinue using the website and services.

Indemnification

You agree to defend, indemnify and hold harmless HockeyShot, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of the Terms or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by HockeyShot.

General

Access to this website is not permitted where prohibited by law. If you choose to access and/or use the website, you do so on your own initiative and are responsible for compliance with these Terms and all applicable laws.

These Terms and your use of the website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on this website, including without limitation the right to block access from a particular internet address.

If any provision of these Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. The Terms, including our Privacy Policy and any other terms and conditions applicable to your use of the website (e.g. Return Policy, Shipping, etc.) constitute the entire agreement between you and HockeyShot in connection with your use of the website and the products and services it offers.

Your use of the website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and us other than that of independent contractors.

TERMINATION

We may, in our sole discretion, terminate or suspend your access to all or part of this website and its Content for any reason, including, without limitation, your breach of these Terms. We have absolute discretion to determine if any use violates these Terms and to take action as we deem appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, or make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.

OUR COMMUNICATION WITH YOU

If you have opted-in to receive our newsletter, made a purchase through our online store, or submitted an inquiry through our website, you consent to receiving promotional messages and newsletters from us and any third parties for whom we send materials on behalf of. You can always unsubscribe at any time by clicking the link at the bottom of each communication (e.g., in the email footer). If you choose not to opt-in or choose to opt-out, the remainder of these Terms will continue to apply to your use of this website.

QUESTIONS? CONCERNS?

If you have any questions, concerns, or suggestions regarding these Terms, please contact us at customersupport@hockeyshot.com or by submitting an inquiry on our Contact Us page of this website.