MODERN DAY GOALTENDING LTD. OPERATING AS JON ELKIN'S GOALIE SCHOOLS USAGE AND LICENCE AGREEMENT
PLEASE READ THIS USAGE AND LICENCE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE SUBSCRIBING TO A JON ELKIN'S GOALIE SCHOOLS VIDEO PROGRAM ("PRODUCT"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MODERN DAY GOALTENDING LTD. OPERATING AS JON ELKIN'S GOALIE SCHOOLS ("JEGS") STATING THE TERMS THAT GOVERN YOUR USE OF THE VIDEOS OR SERIES. BY SUBSCRIBING TO THE PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. NO CHANGES, ADDITIONS, OR DELETIONS ARE ACCEPTABLE. JEGS MAY REFUSE ACCESS TO THE PRODUCT FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
TERMS OF PRODUCT USE
1. Subscription to the Series. If you have selected and paid for it, JEGS will provide access to you during the calendar year to the Series, which consists of all 30 episodes of the instructional Jon Elkin's Goalie Schools videos (each a "Video") and the HockeyOT.com off-season dry-land training system created with Chad Moreau, through the Viewer, under certain terms and conditions as set forth in this Agreement. The Series is a Product.
2. Subscription to a Video. If you have selected and paid for it, JEGS will provide access to you during the calendar year to the Video selected by you, through the Viewer, under certain terms and conditions as set forth in this Agreement. Each Video is a Product.
3. Age Requirements for Products. The Products may not be available to persons of all ages in some jurisdictions. If you are under the age of majority for the province, state or country in which you reside, you must review these terms and conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions and agree to be bound hereby. If you are under the age of 13 years, you should not provide any personally identifiable information without the knowledge and permission of your parent or legal guardian.
4. Product Content. You agree to use the Products at your sole risk and that JEGS shall have no liability to you for the content of the Series. No advice or information, whether oral or written, obtained by you from JEGS or through or from the Products shall create any warranty or liability. YOU ACKNOWLEDGE AND AGREE THAT JEGS AND ANY OF THE PRINCIPALS, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS AND INSTRUCTORS WILL NOT BE HELD RESPONSIBLE FOR ANY ACCIDENT, DAMAGE, INJURY OR LOSS, HOWEVER CAUSED, NEGLIGENT OR OTHERWISE, AT ANY TIME AND YOU EXPRESSIVELY RELEASE ANY AND ALL OF THE AFOREMENTIONED PARTIES FROM ALL CLAIMS ARISING FROM ANY ACCIDENT, DAMAGE, INJURY OR AS A CONSEQUENCE THEREOF.
5. Territory. The Products are currently available to you in Canada, the United States and all other countries in which JEGS makes the Products available. The Products are not available in any country subject to export controls or restrictions under Canadian law, including those countries on the Area Control List or subject to an United Nations Security Council embargo. You agree not to use or attempt to use the Product from outside of the available territory, and that JEGS may use technologies to verify your compliance.
6. System Requirements. Access to the Product requires a computer, Internet access (fees may apply) and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Product involves hardware, software, and Internet access, your ability to use the Product may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
7. Proprietary Software. Your purchase of the Product includes use of software products that are subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
8. Privacy. Except as otherwise expressly provided for in this Agreement, the Product is subject to JEGS's Privacy Policy at http://www.elkingoaltending.com/about/privacy/ which is expressly made a part of this Agreement. If you have not already read JEGS's Privacy Policy, you should do so now.
9. Your Information. You agree to provide accurate, current, and complete information required to register with the Product and at other points as may be required in the course of using the Product ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. JEGS may terminate your rights to any or all of the Product if any information you provide is false, inaccurate or incomplete. You agree that JEGS may store and use the Registration Data you provide (including payment card information) for use in maintaining your account and billing fees to your payment card.
10. Consent to Use of Registration Data. You agree that JEGS may collect and use the Registration Data to facilitate the provision of software updates, Product support and the delivery of information on other products and services to you. JEGS may use the Registration Data as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
11. User Account. As a registered user of the Product, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information (including your password) to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account. You agree to immediately notify JEGS of any unauthorised use of your Account or any other breach of security. JEGS shall not be responsible for any losses arising out of the unauthorized use of your Account which is not due to the negligence of JEGS.
12. Security. You understand that the Product includes a security framework using technology that protects digital information and limits your usage of the Product to certain usage rules established by JEGS ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. Usage Rules may be controlled and monitored by JESG for compliance purposes, and JEGS reserves the right to enforce the Usage Rules with or without notice to you. You will not access any Product by any means other than through software that is provided by JEGS for accessing the Product. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
13. Licence of Products. The Products are licensed, not sold, to you. Your licence to each Product obtained is subject to this Agreement and you agree to the terms of this Agreement will apply to each Product that you license from JEGS. JEGS reserves all rights in and to the Product not expressly granted to you. You acknowledge that the licence you purchase to each Product is a binding agreement between you and JEGS. All Products are licensed to end user customers only.
14. Usage Rules of the Licence. Your use of the Product is conditional upon your prior acceptance of the terms of this Agreement and each of the following:
- You will be authorized to use the Product only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicence, to the extent permitted by law.
- You will be authorized to use the Product on your JEGS-authorised devices at any time.
- You may not store, burn, copy or capture the Product on any device.
- You may not exhibit, display, communicate, distribute or transmit the Product for any purpose.
- You may not make use of the Product for any commercial purpose.
- You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reverse-engineer, decompile, disassemble, modify or otherwise tamper with any security technology or software that is part of the Product or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Product.
- The delivery of Product does not transfer to you any commercial or promotional use rights in the Product.
- The Product is viewable only on your Mac or Windows computer (using the Viewer).
- You must be connected to the broadband Internet to stream the Product.
- The Product is available for viewing during the calendar year (the "Viewing Period"). You may view the Product an unlimited number of times during the Viewing Period. Stopping, pausing or restarting the Product does not extend the available time for viewing.
You agree that your license of the Product constitutes your acceptance of and agreement to use the Product solely in accordance with the Usage Rules, and that any other use of the Product may constitute copyright infringement. The security technology is an inseparable part of the Product. The Usage Rules shall govern your rights with respect to the Product. JEGS reserves the right to modify the Usage Rules at any time.
You acknowledge that some aspects of the Products and administering of the Usage Rules entail the ongoing involvement of JEGS. Accordingly, in the event that JEGS changes any part of the Products or discontinues the Series, which JEGS may do at its election, you acknowledge that you may no longer be able to use the Product to the same extent as prior to such change or discontinuation, and that JESG shall have no liability to you in such case other than as may be provided under the Refund Policy set out in this Agreement.
15. Use of Products. You acknowledge that use of Products may require the use of other hardware and software products, and that such hardware and software is your responsibility. You acknowledge that Products contain security technology that limits your usage of Products to the Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
16. Termination of Licence. The licence is effective until terminated by you or JEGS. Your rights under this license will terminate automatically without notice from JEGS if you fail to comply with any terms of this licence. Upon termination of the licence, you shall cease all use of the Products.
17. Payment Method. JEGS accepts credit cards as the form of payment. JEGS may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. JEGS accepts the following credit cards: Visa and MasterCard. Please note that we are unable to accept prepaid gift cards issued by credit card companies, debit cards or check cards. If a transaction has been declined online due to credit card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another credit card.
18. Agreement to Pay for Product. You agree to pay for each Product you purchase, and that JEGS may charge your payment card for each Product purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING JEGS WITH A VALID PAYMENT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the payment card you designate during the registration process.
19. Refund Policy. On occasion, technical problems or matters beyond the control of JEGS may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to the Product that is not delivered within a reasonable period of time will be, as determined by JEGS, either (i) replacement or redelivery of such Product by JEGS, or (ii) a refund of the price paid for such Product or the portion of the price paid for such portion of the Product not made available to you. Otherwise, no refunds are available. JEGS is not responsible for any delay or disruption caused by your Internet service provider.
20. Applicable Taxes. Applicable value added and sales taxes will be added to your bill based on the bill-to address and the tax rate in effect at the time your transaction is completed. If the tax rate for the billing address changes before the Product is viewed, the new tax rate in effect at the time of viewing will apply. We will only charge tax in provinces and states where such transactions are taxable. No customers are eligible for tax exemptions for transactions relating to the Products.
21. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
22. Electronic Signatures and Contracts. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR THIS AGREEMENT AND PURCHASE. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
23. Important Safety Information. To avoid muscle, joint or eye strain during video play, you should always take frequent breaks from viewing, and stop and take a longer rest if your eyes, hands, wrists or arms become tired or sore or you feel any other discomfort. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor if you suffer these or other symptoms linked to seizures and/or epilepsy during viewing. Parents should monitor their children's video viewing for signs of symptoms.
24. Intellectual Property. You agree that the Product, including but not limited to the Series and each Video, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by JEGS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use any Product or any part thereof in any way whatsoever except in compliance with the terms of this Agreement. No portion of the Products may be reproduced in any form or by any means. You agree not to copy, modify, rent, lease, loan, sell, distribute, communicate or create derivative works based on the Products, in any manner, and you shall not exploit the Products in any unauthorised way whatsoever, including but not limited to, by trespass or burdening network capacity.
25. Removal or Termination of Content. Notwithstanding any other provision of this Agreement, JEGS and its licensors reserve the right to change, suspend, remove, discontinue or disable access to any Products (or any part or content thereof) at any time without notice. In no event will JEGS be liable to you or to any third party should it exercise such rights, other than as may be provided in the Refund Policy under this Agreement. JEGS may also impose limits on the use of or access to certain features or portions of the Products, in any case and without notice or liability.
26. Copyrights. All copyrights in and to the Products, including but not limited to, the Series, each Video and the Viewer are owned by JEGS and/or its licensors. THE USE OF THE PRODUCTS OR ANY PART OF THE PRODUCTS, EXCEPT FOR USE OF THE PRODUCTS AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
27. Trade-marks. John Elkin's Goalie School, the John Elkin's Goalie School logo, and other trade-marks, service marks, graphics, and logos used in connection with the Products are trade-marks of JEGS in Canada, the United States of America and/or other countries. Other trade-marks, service marks, graphics, and logos used in connection with the Products may be the trade-marks of their respective owners. You are granted no right or license with respect to any of the aforesaid trade-marks and any use of such trade-marks.
28. Termination. If you fail, or JEGS suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide JEGS with a valid payment card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the Products or the Viewer, or infringement or violation of third parties' rights, JEGS, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the Products and/or the Viewer; and/or (iii) preclude access to the Products (or any part thereof).
29. General Compliance with Laws. The Products are created by JEGS and its licensors in Canada, and streamed from servers in the United States and/or Canada. You agree to comply with all local, provincial, state and federal laws that apply to your use of the Products.
30. Enforcement of These Terms. JEGS reserves the right to takes steps JEGS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JEGS's right to cooperate with any legal process relating to your use of the Products, and/or a third party claim that your use of the Products is unlawful and/or infringes such third party's rights). You agree that JEGS has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as JEGS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to JEGS's right to cooperate with any legal process relating to your use of the Products, and/or a third party claim that your use of the Products is unlawful and/or infringes such third party's rights).
31. No Responsibility for Third-Party Materials. The Products may include materials from third parties. In addition, JEGS may provide links to certain third-party websites. You acknowledge and agree that JEGS is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. JEGS does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that JEGS is not in any way responsible for any such use by you.
32. Disclaimer of Warranties; Liability Limitations.
(A) JEGS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME JEGS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE PRODUCTS AT ANY TIME, WITHOUT NOTICE TO YOU.
(B) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS ARE AT YOUR SOLE RISK. THE PRODUCTS ARE (EXCEPT AS EXPRESSLY STATED BY JEGS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
(C) JEGS DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND JEGS DISCLAIMS ANY LIABILITY RELATING THERETO.
(D) JEGS DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PRODUCT WILL BE ACCURATE OR RELIABLE.
(E) EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE PRODUCTS, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW.
(F) JEGS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE PRODUCTS, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND JEGS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
33. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JEGS ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT (INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT (OR THE COACHING OR CONTENTS THEREIN)), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JEGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall JEGS's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
34. Waiver and Indemnity. BY USING THE PRODUCTS, YOU AGREE TO INDEMNIFY AND HOLD JEGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR ANY ACTION TAKEN BY JEGS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM JEGS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF JEGS'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
35. Notices. JEGS may send you notice with respect to the Products by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the JEGS website. Notices shall become effective immediately.
36. Governing Law. This Agreement and the use of the Products are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws rules. Your use of the Product may also be subject to other local, provincial, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with JEGS or relating in any way to your use of the Products resides in the courts of the Province of Ontario, Canada.
37. Miscellaneous. This Agreement constitutes the entire agreement between you and JEGS and governs your use of the Products, superseding any prior agreements between you and JEGS in respect of the Products. You may also be subject to additional terms and conditions that may apply when you use third party content or the Viewer. JEGS's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the other remaining portions shall remain in full force and effect. JEGS will not be responsible for failures to fulfil any obligations due to causes beyond its control. JEGS employee, agent or representative has the authority to vary any of the policies or the terms and conditions in this Agreement.
Last revised: December 3, 2008
