HOCKEY SKILZ TERMS AND CONDITIONS
End User License Agreement
THIS LEGAL AGREEMENT BETWEEN YOU AND HOCKEYSKILZ GOVERNS YOUR USE OF THE HOCKEYSKILZ PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS.
BY CLICKING “AGREE”, YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
HockeySkilz is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as HockeySkilz email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. As soon as you enable HockeySkilz, your content will be automatically sent to and stored by HockeySkilz, so you can later access that content or have
content wirelessly pushed to your other HockeySkilz-enabled devices or computers.
I. REQUIREMENTS FOR USE OF THE SERVICE
A. Devices and Accounts.
Use of the Service may require compatible
devices, Internet access, and certain software (fees may apply); may
require periodic updates; and may be affected by the performance of
these factors. HockeySkilz reserves the right to limit the number of
Accounts that may be created from a device and the number of devices
associated with an Account. The latest version of required software
may be required for certain transactions or features. You agree that
meeting these requirements is your responsibility.
B. Limitations on Use.
You agree to use the Service only for purposes
permitted by this Agreement, and only to the extent permitted by any
applicable law, regulation, or generally accepted practice in the
applicable jurisdiction. If your use of the
Service or other behavior intentionally or unintentionally threatens
HockeySkilz’s ability to provide the Service or other systems, HockeySkilz
shall be entitled to take all reasonable steps to protect the Service
and HockeySkilz’s systems, which may include suspension of your access to
the Service. Repeated violations of the limitations may result in
termination of your Account.
C. Availability of the Service.
The Service, or any feature or part
thereof, may not be available in all languages or in all countries
and HockeySkilz makes no representation that the Service, or any feature
or part thereof, is appropriate or available for use in any particular
location. To the extent you choose to access and use the Service, you
do so at your own initiative and are responsible for compliance with
any applicable laws.
II. FEATURES AND SERVICES
A. Use of Location-based Services
HockeySkilz and its partners and licensors may provide certain features or
services (e.g., Find My iPhone, Find My Friends) that rely upon device-based
location information using GPS (where available) and crowd-sourced Wi-Fi
hotspot and cell tower locations. To provide such features or services,
where available, HockeySkilz and its partners and licensors must collect, use,
transmit, process and maintain your location data, including but not limited
to the geographic location of your device and information related to your
HockeySkilz account (“Account”) and any devices registered thereunder, including
but not limited to your HockeySkilz ID, device ID and name, and device type.
You may withdraw consent to HockeySkilz and its partners’ and licensors’
collection, use, transmission, processing and maintenance of location and
account data at any time by not using the location-based features and
turning off the Find My iPhone, Find My Friends, or Location Services
settings (as applicable) on your device and computer. When using third
party services that use or provide location data as part of the Service,
you are subject to and should review such third party’s terms and privacy
policy on use of location data by such third party services. Any location
data provided by the Service is not intended to be relied upon in
situations where precise location information is needed or where
erroneous, inaccurate, time-delayed or incomplete location data may lead
to death, personal injury, property or environmental damage. HockeySkilz
shall use reasonable skill and due care in providing the Service, but
Neither HockeySkilz nor any of its content providers guarantees the
availability, accuracy, completeness, reliability, or timeliness of
location data or any other data displayed by the Service.
LOCATION-BASED SERVICES ARE NOT INTENDED OR SUITABLE FOR USE AS AN
EMERGENCY LOCATOR SYSTEM.
B. Backup
TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HockeySkilz DOES NOT
GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH
THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS,
OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND HockeySkilz
SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR
REMOVAL OCCUR. It is your responsibility to maintain appropriate
alternate backup of your information and data.
Your total price will include the price plus any applicable
credit card fees and any sales, use, goods and services (GST), value added
(VAT), or other similar tax, under applicable law and based on the tax rate
in effect at the time you purchase the upgrade. We will charge tax when
required to do so under the tax rules applicable to the Service.
IV. YOUR USE OF THE SERVICE
A. Your Account
As a registered user of the Service, you must establish an Account. Don’t
reveal your Account information to anyone else. You are solely responsible
for maintaining the confidentiality and security of your Account and for all
activities that occur on or through your Account, and you agree to
immediately notify HockeySkilz of any security breach of your Account. You
further acknowledge and agree that the Service is designed and intended for
personal use on an individual basis and you should not share your Account
and/or password details with another individual. Provided we have exercised
reasonable skill and due care, HockeySkilz shall not be responsible for any
losses arising out of the unauthorized use of your Account resulting from
you not following these rules.
In order to use the Service, you must enter your HockeySkilz ID and password to
authenticate your Account. You agree to provide accurate and complete
information when you register with, and as you use, the Service
(“Service Registration Data”), and you agree to update your Service
Registration Data to keep it accurate and complete. Failure to provide
accurate, current and complete Service Registration Data may result in the
suspension and/or termination of your Account. You agree that HockeySkilz may
store and use the Service Registration Data you provide for use in
maintaining and billing fees to your Account.
HockeySkilz will be free to use any
feedback you provide for any purpose
V. Content and Your Conduct
A. Content
“Content” means any information that may be generated or encountered through
use of the Service, such as data files, device characteristics, written
text, software, music, graphics, photographs, images, sounds, videos,
messages and any other like materials.
You understand that by using the Service
you may encounter Content that you may find offensive, indecent, or
objectionable, and that you may expose others to Content that they may find
objectionable.You understand and agree that your use of the Service and any Content is
solely at your own risk.
VI. SOFTWARE
B. License From HockeySkilz.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE
SERVICE 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.
VIII. LINKS AND OTHER THIRD PARTY MATERIALS
Google Maps Service
Use of the Google Maps service is subject to the following additional terms:
Google Maps Terms of Service available at
http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at
http://maps.google.com/help/legalnotices_maps.html.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY
SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE
SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR
LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
HockeySkilz SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE
FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A)
HockeySkilz’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) HockeySkilz’S GROSS
NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HockeySkilz AND ITS AFFILIATES,
SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF HockeySkilz HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR
INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY
TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III)
THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE
YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER
RELATING TO THE SERVICE.
INDEMNIFICATION
You agree to defend, indemnify and hold HockeySkilz, its affiliates,
subsidiaries, directors, officers, employees, agents, partners, contractors,
and licensors harmless from any claim or demand, including reasonable
attorneys’ fees, made by a third party, relating to or arising from: (a)
any Content you submit, post, transmit, or otherwise make available through
the Service; (b) your use of the Service; (c) any violation by you of this
Agreement; (d) any action taken by HockeySkilz 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; or (e) your
violation of any rights of another. This means that you cannot sue HockeySkilz,
its affiliates, subsidiaries, directors, officers, employees, agents,
partners, 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 HockeySkilz’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. This obligation shall survive the termination or
expiration of this Agreement and/or your use of the Service. You acknowledge
that you are responsible for all use of the Service using your Account, and
that this Agreement applies to any and all usage of your Account. You agree
to comply with this Agreement and to defend, indemnify and hold harmless
HockeySkilz from and against any and all claims and demands arising from usage
of your Account, whether or not such usage is expressly authorized by you.
X. GENERAL
A. Notices
HockeySkilz may provide you with notices regarding the Service, including changes
to this Agreement, by email to your HockeySkilz email address (and/or other
alternate email address associated with your Account if provided), by
regular mail, or by postings on our website and/or the Service.
B. Governing Law
Except to the extent expressly provided in the following paragraph, this
Agreement and the relationship between you and HockeySkilz shall be governed by
the laws of the State of Texas, excluding its conflicts of law provisions.
You and HockeySkilz agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California, to
resolve any dispute or claim arising from this Agreement. If (a) you are not
a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing
the Service from the U.S.; and (d) you are a citizen of one of the countries
identified below, you hereby agree that any dispute or claim arising from
this Agreement shall be governed by the applicable law set forth below,
without regard to any conflict of law provisions, and you hereby irrevocably
submit to the non-exclusive jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or
Iceland, the governing law and forum shall be the laws and courts of your
usual place of residence.
Specifically excluded from application to this Agreement is that law known as
the United Nations Convention on the International Sale of Goods.
C. Entire Agreement
This Agreement constitutes the entire agreement between you and HockeySkilz,
governs your use of the Service and completely replaces any prior agreements
between you and HockeySkilz in relation to the Service. You may also be subject
to additional terms and conditions that may apply when you use affiliate
services, third-party content, or third-party software. If any part of this
Agreement is held invalid or unenforceable, 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 remaining portions
shall remain in full force and effect. The failure of HockeySkilz to exercise or
enforce any right or provision of this Agreement shall not constitute a
waiver of such right or provision. You agree that, except as otherwise
expressly provided in this Agreement, there shall be no third-party
beneficiaries to this agreement.
D. “HockeySkilz” as used herein means:
HockeySkilz LLC, 3000 South Stemmons, Lake Dallas, TX 75065 in North, Central, and
South America (excluding Canada), as well as United States territories and
possessions; and French and British possessions in North America,
South America, and the Caribbean;
ELECTRONIC CONTRACTING
Your use of the Service includes the ability to enter into agreements and/or
to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY
FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND
BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL
TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF
CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and
retain your electronic records, you may be required to have certain hardware
and software, which are your sole responsibility.
REFUND POLICY: Considered on case by case basis for technical difficulties.