Last updated: June 8, 2017
Quinn’s Power Edge Hockey Inc.
All sales are final.
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
User’s access and use of the Services constitutes User’s agreement to be bound by these Terms, which establishes a contractual relationship between User and PEP. If User does not agree to these Terms, User may not access or use the Services. PEP may, in its sole discretion, amend, suspend or terminate, temporarily or permanently, these Terms or the Services, at any time, for any reason, without any liability to User or any other person or entity and except as may be provided by applicable law. In the event of an amendment, the amended Terms will be posted to PEP’s website at www.pep.billinghamagency.com/ca/. User’s continued access or use of the Services after such posting constitutes User’s express consent to be bound by the Terms, as amended.
USER AGREES TO USE THE SERVICES ONLY IN ACCORDANCE WITH THESE TERMS.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, PEP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PEP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY TRAINING SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PEP DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE TRAINERS.
USER AGREES THAT THE ENTIRE RISK ARISING OUT OF USER’S USE OF THE SERVICES, AND ANY TRAINING SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH USER, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
2. The Services
2.1 License and Ownership.
Subject to User’s compliance with these Terms, PEP grants User a personal, limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services solely for User’s personal use. Any rights not expressly granted herein are reserved by PEP and PEP’s licensors. For greater certainty, the Services and all rights therein are and shall remain PEP’s property or the property of PEP’s licensors. Neither these Terms, nor User’s use of the Services, conveys or grants to User any rights to use or reference in any manner PEP’s company names, logos, product and service names, trademarks or service marks or those of PEP’s licensors.
User agrees to comply with all applicable laws at all times when using the Services, and User may only use the Services for lawful purposes. User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PEP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
2.3 Provision of the Services.
All Trainers requested through the Service are PEP certified. Please see www.pep.billinghamagency.com/ca/ or speak with the applicable Trainer to learn more about such certification. PEP makes no representation, warranty or guarantee that the Trainers have any permits, authorizations, certifications or licenses required by applicable laws.
2.4 Third Party Services and Content.
3. Use of the Services
User must be the age of majority in the jurisdiction in which he or she is resident to use the Services.
3.2 Personally Identifiable Information.
Use of the Services requires User to submit to PEP certain personal information, such as User’s name, address and phone number (“Personally Identifiable Information”) and information regarding the Training Services (collectively, “Data”). User grants to PEP a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, reproduce, copy, modify, translate, create derivative works of, distribute, publicly display, publish, publicly perform, and otherwise exploit in any manner such Data in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PEP’s business and on third-party sites and services), without further notice to or consent from User, and without the requirement of payment to User or any other person or entity. Further, User hereby waives all moral rights in and to all such Data in favour of PEP and anyone authorized by PEP to reproduce or otherwise use such Data.
Although PEP generally adheres to the accepted industry practices in securing the transmission of Data to, from and through the Services, User understands, agrees and acknowledges that PEP cannot and does not guarantee the security of Data transmitted over the Internet or public networks in connection with User’s use of the Services.
User agrees to provide accurate, complete, and up-to-date information. User’s failure to provide accurate, complete, and up-to-date information may result in User’s inability to access and use the Services or PEP’s termination of these Terms.
By using the Services, User agrees that PEP may send User informational emails as part of the normal business operation of User’s use of the Services. User may opt-out of receiving emails from PEP at any time by sending an email to [email protected] indicating that User no longer wishes to receive such messages, along with the applicable email address, or by using the unsubscribe mechanism included in such emails. User acknowledges that opting out of receiving emails may impact User’s use of the Services.
3.4 Breach of Terms.
Without limiting any other right that PEP may have as set out in these Terms, if User breaches any provision of these Terms, then User may no longer use the Services or any component thereof. If these Terms are terminated by PEP, as set out above, any Section of these Terms which by its nature is intended to survive, will survive such termination. If User is dissatisfied with the Services or any component of the Services, User’s sole and exclusive remedy is to discontinue using the Services.
4. Payment Terms
User understands that User’s use of the Services will result in charges to User for (i) the Training Services (the “Training Fees”) and/or (ii) the products purchased from PEP (the “Product Fees”), as may be more particularly set out in the terms applicable to the Training Services and the product purchase, and User agrees to pay such Training Fees to the Trainer and the Product Fees to PEP (collectively, the “Fees”). Training Fees for Training Services that User receives from a Trainer are set by the Trainer. All Fees will be disclosed to the User prior to purchase. In respect of the Training Fees, payment is made directly by User to the applicable Trainer and in respect of the Product Fees, payment is made directly by the User to PEP.
5. Release and Waiver; Limitation of Liability; Indemnity
5.1 RELEASE AND WAIVER REGARDING TRAINING SERVICES AND USE OF PRODUCTS.
SHOULD USER PURCHASE TRAINING SERVICES FROM A TRAINER OR PRODUCTS FROM PEP, WHETHER ON USER’S OWN BEHALF OR ON BEHALF OF A MINOR, USER HEREBY ACKNOWLEDGES THAT CERTAIN RISKS OF INJURY ARE INHERENT TO PARTICIPATION IN RECREATIONAL ACTIVITIES AND CLASSROOM ACTIVITIES, INCLUDING THE TRAINING SERVICES. THESE TYPES OF INJURIES MAY BE MINOR OR SERIOUS AND MAY RESULT FROM ONE’S ACTIONS, OR THE ACTIONS OR INTERACTIONS OF OTHERS OR A COMBINATION OF BOTH. USER UNDERSTANDS THAT CERTAIN ACTIVITIES REQUIRE A MINIMUM LEVEL OF FITNESS AND HEALTH AND THAT EACH PERSON HAS A DIFFERENT CAPACITY FOR PARTICIPATING IN THESE ACTIVATES. USER HEREBY AGREES THAT PEP AND ITS STAFF SHALL NOT BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE TO ANY PERSON OR PROPERTY, INCURRED DURING THE TRAINING SERVICES OR USE OF THE PRODUCTS, INCLUDING DETERIORATION OF HEALTH OR ILLNESS OR AGGRAVATION OF CONDITION RESULTING FROM PARTICIPATION IN THESE ACTIVITIES. USER DECLARES HAVING READ AND UNDERSTOOD THE ABOVE INFORMED CONSENT AGREEMENT IN ITS ENTIRETY.
IF THE USER IS PURCHASING TRAINING SERVICES OR THE PRODUCTS ON BEHALF OF A MINOR, USER HEREBY (I) GIVES USER’S CONSENT FOR SUCH MINOR TO PARTICIPATE KNOWING ALL OF THE FOREGOING; AND IN CONSIDERATION OF SUCH MINOR’S PARTICIATION IN THE TRAINING SERVICES OR THE USE OF THE PRODUCTS, USER FOR SUCH MINOR (II) RELEASES, WAIVES AND FOREVER DISCHARGES PEP, ITS OFFICERS, DIRECTORS, AFFILIATES AND ALL OTHER ASSOCIATIONS, SANCTIONING BODIES AND SPONSORING COMPANIES AND ALL THEIR RESPECTIVE AGENTS, OFFICIALS AND REPRESENTATIVES AND ASSIGNS OF AND FROM ALL CLAIMS, DEMANDS, DAMAGES, EXPENSES, COSTS, ACTION OR CAUSES OF ACTIONS WHETHER IN LAW OR IN EQUITY IN RESPECT OF THE DEATH, INJURY, LOSS OR DAMAGES TO USER’S OR THE MINOR’S PERSON OR PROPERTY, HOWEVER CAUSED, ARISING BY REASON OF THEIR PARTICIPATION IN THE TRAINING SERVICES OR THEIR USE OF THE PRODUCTS. USER WARRANTS THAT THEY OR THE MINOR IS PHYSICALLY FIT ENOUGH TO PARTICIPATE IN THE TRAINING SERVICES OR USE THE PRODUCTS.
5.2 LIMITATION OF LIABILITY REGARDING USE OF THE SERVICES.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEP, ITS OFFICERS, DIRECTORS, AFFILIATES AND ALL OTHER ASSOCIATIONS, SANCTIONING BODIES AND SPONSORING COMPANIES AND ALL THEIR RESPECTIVE AGENTS, OFFICIALS AND REPRESENTATIVES AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, OR OTHERWISE ARISING IN CONNECTION WITH THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE.
WITHOUT LIMITING THE FOREGOING, PEP, ITS OFFICERS, DIRECTORS, AFFILIATES AND ALL OTHER ASSOCIATIONS, SANCTIONING BODIES AND SPONSORING COMPANIES AND ALL THEIR RESPECTIVE AGENTS, OFFICIALS AND REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF USER’S USE OF OR RELIANCE ON THE SERVICES OR USER’S INABILITY TO ACCESS OR USE THE SERVICES EVEN IF PEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FORGOING, PEP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PEP’S REASONABLE CONTROL.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PEP, ITS OFFICERS, DIRECTORS, AFFILIATES AND ALL OTHER ASSOCIATIONS, SANCTIONING BODIES AND SPONSORING COMPANIES AND ALL THEIR RESPECTIVE AGENTS, OFFICIALS AND REPRESENTATIVES AND ASSIGNS TO USER FOR ALL DAMAGES, LOSSES, CAUSES OF ACTION OR OTHER AMOUNTS EXCEED AN AGGREGATE OF $50 EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE.
USER ACKNOWLEDGES AND AGREES THAT THEY ARE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE BETWEEN A TRAINER AND A USER. PEP IS NOT LIABLE IN ANY WAY FOR ANY AGREEMENT MADE BETWEEN A TRAINER AND A USER OR FOR THE ENFORCEMENT OF SUCH AGREEMENT.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER USERS RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
5.3 Representations, Warranties and Indemnity.
(a) User represents, warrants and covenants that (i) User possesses the legal authority to create a binding legal obligation; and (ii) if User is accessing or using the Services on behalf of another person or corporate entity, User represents and warrants that User has the authority to bind such person or entity to these Terms.
(b) Without limiting the foregoing, User agrees to indemnify and hold PEP and its officers, directors, employees and agents harmless from (and at PEP’s request, defend) any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) User’s use of and or reliance on the Services or Training Services requested through User’s use of the Services; (ii) User’s breach or violation of any of these Terms or the User’s negligence; (iii) User’s violation of the rights of any third party; (iv) User’s violation of the rights of any Trainer; or Trainer’s violation of the rights of any User; (v) User’s violation of any applicable law; and (vii) these Terms.
6. Other Provisions
6.1 Claims of Copyright Infringement.
Claims of copyright infringement should be sent to PEP’s designated agent. Please visit PEP’s web page at www.pep.billinghamagency.com/ca/ for the designated address and additional information.
(a) If the parties are unable to come to agreement in respect of a dispute relating to these Terms, to the extent permitted by law, the matter shall be referred to final and binding arbitration, which shall be conducted by a single arbitrator in Toronto in accordance with the Arbitration Act, 1991 (Ontario) and pursuant to the National Arbitration Rules (the “Rules”) of the ADR Institute of Canada Inc. (the “Institute”), as same may be amended from time to time. If the parties cannot agree on the selection of the arbitrator, either party may refer the selection of an arbitrator to the Institute, which shall select a single arbitrator from its commercial panel in accordance with its Rules. To the extent possible, the arbitrator shall have relevant industry experience.
(b) Except as otherwise set forth in these Terms and except with respect to individual residents of Quebec, these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
(c) These Terms may not be assigned by User in whole or in part, without PEP’s prior written consent. Any permitted assignment shall not relieve User of User’s obligations hereunder. PEP may, without prior notice and without consent, assign these Terms. Upon any such assignment by PEP, the assignee shall assume all of the rights, obligations and liabilities of PEP and PEP shall be fully released.
(d) These Terms shall not be construed to and do not create a relationship of agency, partnership, employment or joint venture. Users shall not have the authority to bind PEP without the prior written consent of PEP. The inclusion of portions of these Terms in Trainers’ arrangements with Users, shall not create a contractual relationship between Users, Trainers and PEP with respect to the Training Services delivered by Trainers to Users or minors.
(e) If any provision, or portion thereof, of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of these Terms, and each provision, or portion thereof, is hereby declared to be separate, severable and distinct.
(f) A waiver by PEP of any provision of these Terms shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived. The failure by PEP to insist upon the strict performance of these Terms, or to exercise any term hereof, shall not act as a waiver of any right, promise or term, which shall continue in full force and effect.
(g) No single or partial exercise of any right or remedy under these Terms shall preclude any other or further exercise of any other right or remedy in these Terms or as provided at law or in equity. Rights and remedies provided in these Terms are cumulative and not exclusive of any right or remedy provided at law or in equity.
(h) These Terms, together with any documents referenced herein, shall constitute the entire agreement between the parties with respect to the subject matter hereof and shall replace all prior promises or understandings, oral or written.
(i) PEP may give notice by means of a general notice on the Services, electronic mail to User’s email address, or by written communication sent to User’s address. User may give notice to PEP by written communication to PEP’s address at P.O. 296, Ridgeway, Ontario, L0S 1N0.
(j) To the extent PEP translates these Terms into other languages for User’s convenience or as required by applicable law, the English version governs User’s relationship with PEP, and any inconsistencies among the different versions will be resolved in favour of the English version. The parties expressly wish that these Terms and any related documents be drafted and executed in English. C’est la volonté expresse des parties que les conditions, la politique et tous les documents qui s’y rattachent soient rédigés et signés en anglais.