Terms & Conditions

1. Subscription Services.

• Subscription Services. This section applies to Services offered by the UTJD Inc. (HockeyIQ.ca) that require creation of a subscription account and, if applicable, payment of a fee, such as www.hockeyiq.ca ("Subscription Services"). It does not apply to subscription services offered by third parties. Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which may renew automatically as described in these Terms.

• Access Restrictions. You are not authorized to access any Subscription Services unless you (i) have opened a subscription account with the UTJD Inc. and paid the appropriate fee (if applicable); (ii) have established your access credentials (including a username and password), and (iii) are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing, selling, publicly offering, or offering to sell your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties or otherwise in violation of these Terms. You are responsible for maintaining the confidentiality of your access credentials and if you know or suspect that anyone other than you knows your access credentials, you must promptly notify us. You are also responsible for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit or debit card in connection with your use (or an authorized third party's use) of the Subscription Services. In the event of any fraudulent, abusive, or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

• Devices and Minimum System Requirements. Some Subscription Services, such as hockey.ca and other video services, are accessible only using certain devices that meet certain minimum system requirements. You should investigate Subscription Services before you pay for access to them to ensure that they will be compatible with your device, because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. For some devices, the payment for Subscription Services may be processed by the third-party provider through which you purchased or obtained your device ("Device Provider"). Those payments (and any potential refunds) will be governed by the Device Provider's terms, including its cancellation and refund policy. Other restrictions, including restrictions on the availability of the devices or the Subscription Services in certain countries, may apply.

• Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time upon providing you reasonable prior notice. However, if you breached or violated any obligations under these Terms, we may terminate your access to the Subscription Services with immediate effect and without notice to you. If we terminate your access to the Subscription Services, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, including a right to any refunds, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.

• Billing and Payment.

1. Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you have reached the age of majority in your jurisdiction of residence, that all information you submit is true and correct (including all credit or debit card information), and that you are the authorized holder of the applicable credit or debit card.
    

2. Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes (including any applicable VAT tax). The UTJD Inc. (or, where applicable, their Service Providers or your Device Provider) reserve the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
    

3. Sales Tax. For certain purchases made via the Services, the UTJD Inc. (or, where applicable, their Service Providers) are required to collect sales tax (including any applicable VAT tax). In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Services are not exempt from sales or use taxes simply because they are made from the Internet or because the UTJD Inc. are not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including but not limited to whether the seller is present in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by UTJD Inc. and certain states require purchasers to file a sales/use tax return reporting taxable purchases for which tax was not collected by UTJD Inc. and to pay such tax. For details, contact the applicable taxing authority. If any sales tax will be collected by UTJD Inc. in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
   
   For Oklahoma purchasers, applicable use tax on purchases made via the Services may be reported and paid on an Oklahoma individual income tax return, currently Form 511 or by filing a consumer use tax return, currently Form 21-1. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website.
   
   For South Dakota purchasers, any applicable sales or use taxes on purchases made via the Services may be reported and paid on a South Dakota Use Tax Form, currently Form 1350, available with corresponding instructions on the South Dakota Department of Revenue website.
    

4. Our monetization partner Stripe ("Stripe") handles the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Stripe will act as the merchant of record on our request. The services of Stripe are subject to the terms and conditions of Stripe, located at https://stripe.com/en-ca/resources/more/payment-terms which are hereby incorporated by reference (provided, however, that in the event of a conflict these Terms shall govern).
    

5. Automatic Renewal

   • Monthly Subscription Services. For Subscription Services billed on a monthly basis, your subscription will (subject to applicable law, which may include the Province of Quebec) automatically renew on a monthly basis, on the date closest to your original subscription date.  Example, if you originally subscribe on the 31st of a month, it will automatically renew on the last day of the next month. The terms restart again in connection with the start of the subsequent Subscription Services regular full monthly price at the time of renewal, unless you cancel your Subscription Service at any time prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in the Payment Profile section of your hockeyiq.ca account will be charged on or about the same date each month or year of your subscription as set forth in this subsection. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your hockeyiq.ca account may be charged. If you wish to cancel a Subscription Service, you may login to your hockeyiq.ca account, access the My Account section, and follow the applicable instructions, or visit www.hockeyiq.ca and click on "How do I cancel my subscription". Please see the Cancellation and Refund Policy Section below for details regarding refunds.
      

   • Yearly Subscription Services. For Subscription Services billed on a twelve month basis, you will be billed once in connection with your signing up for the Subscription Services, and regardless of when you signed up, your subscription will (subject to applicable law, which may include the Province of Quebec) automatically renew in connection with the start of the subsequent year on or about the same date as the previous year at the then-current year's regular full price, unless you cancel your Subscription Service prior to the beginning of the next applicable billing period. The primary credit or debit card you have stored in the Payment Profile section of your www.hockeyiq.ca  account will be charged in connection with the start of each yearly cycle. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your www.hockeyiq.ca account may be charged. To cancel your yearly Subscription Service, login to your www.hockeyiq.ca account, access the My Account section and follow the applicable instructions, or email info@hockeyiq.ca and request in the subject line “Please cancel my subscription". Please see the Cancellation and Refund Policy Section below for details regarding refunds.

   • SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), UNLESS YOU NOTIFY US IN ADVANCE OF THE BEGINNING OF THE NEXT APPLICABLE BILLING PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US TO COLLECT THE APPLICABLE SUBSCRIPTION FEE AND ANY TAXES (INCLUDING APPLICABLE VAT TAXES) USING ANY CREDIT OR DEBIT CARD STORED IN THE PAYMENT PROFILE SECTION OF YOUR www.hockeyiq.ca  ACCOUNT. WE WILL PROVIDE YOU WITH ADVANCE NOTICE OF AUTO RENEWAL OF ANY SUBSCRIPTION SERVICE IN ACCORDANCE WITH APPLICABLE LAW.

   • Special Notice for Users Residing in Germany:

     1. You can opt for Subscription Services with a duration of one month, one year, or an indefinite duration.

     2. The Subscription Services start on the date of your subscription. Subscription Services that have a fixed duration of one-month or one-year will be converted into Subscription Services of an indefinite duration at the end of that fixed period, unless you cancel the subscription as indicated below.

     3. You can cancel Subscription Services for an indefinite duration by providing a notice one month in advance of the date you wish us to cancel it. If you cancel the Subscription Services before the end of the applicable billing period, you will be able to continue using the services for the remaining days for which you were billed.

     4. Monthly Subscription Service: You can subscribe to a Subscription Service for a duration of one month starting from the day on which you subscribed. If you do not cancel your subscription before the end of that month, your subscription will be converted into a Subscription Service of an indefinite duration and will continue to run until you cancel it. You will be billed on a monthly basis at the then-regular full monthly price. The primary credit or debit card you have stored in the Payment Profile section of your www.hockeyiq.ca  account will be charged on or about the same date each month of your subscription. If we are unable to process these charges to your primary credit or debit card, an alternative card stored in the Payment Profile section of your www.hockeyiq.ca account may be charged.

     5. Yearly Subscription Service: You can also subscribe to a Subscription Service for a full year in one payment, starting from the day on which you subscribed. You will be billed for that entire year in one payment. If you do not cancel your full-season subscription it will continue to run until you cancel it, and you will be billed again for the full year at the then-current full year’s price. You may cancel your subscription at any time and the hockeyiq.ca (or their Service Providers) will honor your request and refund any unused portion of your subscription on a pro-rated basis.
         

6. Trial Subscriptions. Access to a Subscription Service, including www.hockeyiq.ca  may from time to time be made available on a time-limited free trial basis (a "Trial Subscription"). Please note that these Terms apply to a Trial Subscription. You may be asked to provide your credit or debit card information when registering for a Trial Subscription. In such event, your credit or debit card will only be charged if you do not cancel your Trial Subscription before the end of the Trial Subscription period. By subscribing for a Trial Subscription, you: (i) acknowledge that the Trial Subscription is personal to you and may not be transferred or otherwise assigned to any other person; (ii) acknowledge that the Trial Subscription is intended to permit you to assess the Subscription Services for consideration of a full subscription to the Pay Service (a "Paid Subscription"); and (iii) acknowledge that the Trial Subscription may be subject to other terms and conditions specific to the Trial Subscription being offered, and your use of the Subscription Service during the Trial Subscription period will also be subject to such other terms and conditions and such other terms and conditions shall be incorporated into the Terms; and (iv) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT AFFIRMATIVELY CANCELLED WITHIN THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBSCRIPTION WILL CONVERT TO A PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A PAID SUBSCRIPTION AND ON THE SAME BILLING CYCLE AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR TRIAL SUBSCRIPTION; PROVIDED THAT THE NHL ENTITIES MAY IN THEIR SOLE DISCRETION WAIVE ANY SUBSCRIPTION FEES FOR THE TRIAL SUBSCRIPTION PERIOD.
    

7. Cancellation and Refund Policy. Except as described below, and subject to applicable laws (which may include the Province of Quebec), (i) UTJD Inc. (and their Service Providers) do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason; the subscription is for a minimum of one year and (ii) requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes.

   • www.hockeyiq.ca Subject to applicable laws, if you are a subscriber to www.hockeyiq.ca you may cancel your subscription within five (5) days of initially subscribing or within five (5) days after your subscription has automatically renewed, and receive a refund of the subscription price.

   • If we are unable to post a refund to your credit card, including because your credit card account is closed or otherwise unavailable when we attempt to post the refund, or if we allege that you have violated these Terms (including for clarity, the Stripe terms and conditions), you agree that you will forfeit the amount due to you (if any) under this paragraph.

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1. Intellectual Property.
 

All content, information, computer code, software, and any other materials that are part of the Services other than your User Content or Third-Party Materials (collectively, the "HockeyIQ Content:) and the Services are the property of the UTJD Inc. You may access, use, and display the Services, but only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
 

• Copyright and Other Intellectual Property Rights. Certain of the HockeyIQ Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the HockeyIQ Content and/or Services are owned by the UTJD Inc. or its third-party licensors to the full extent permitted under the United States Copyright Act, Canadian Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter a database, display, perform, modify, HockeyIQ Content or the Services. To obtain written consent to use HockeyIQ Content or any other work owned or controlled by UTJD Inc., please contact us using the information in Section 27. Any unauthorized use of the HockeyIQ Content or the Services is a violation of these Terms.

• Notice of Infringement. The UTJD Inc. respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

  • Identification of the copyrighted work or a representative list of the works claimed to have been infringed;

  • Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;

  • Your name, address, telephone number, and email address, so that we may contact you if necessary;

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

For notices of claims and copyright- email info@hockeyiq.ca

 

• Embedding Content. The Services may allow you to embed HockeyIQ Content into other web pages. Any and all use of embedded HockeyIQ Content must be for non-commercial purposes only and may be disabled by the HockeyIQ at any time and for any reason or for no reason at all. Prohibited commercial uses include any of the following actions taken without the express written approval of the HockeyIQ:

  • Selling access to embedded HockeyIQ Content on another website;

  • Using embedded HockeyIQ Content for the purpose of gaining advertising, subscription, or other revenue, or for any commercial purpose;

  • Creating a website that does nothing more than aggregate a collection of embedded HockeyIQ content and intentionally trying to generate ad revenue from it;

  • Using embedded HockeyIQ Content that it finds, in its sole discretion, competes with or displaces the Services.
     

You must not establish a link to our Services in any website that requires registration in connection with content from our Services or that otherwise collects personal information in connection with content from our Services.
 

The Services and all other materials offered via the Services, including but not limited to HockeyIQ, User Content, and Third-Party Materials, if applicable, are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works of them.

 

2. Linking to our Services.
 

You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to our Services may be "framed" to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in Section 3 of these Terms.

 

3. Change or Termination.
 

The UTJD Inc. may change or terminate these Terms for any reason at any time, for example to reflect changes in laws or regulatory requirements, and such changes will be binding upon you when you next use a Service. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice, subject to Section 4. Subject to applicable law (which may include the Province of Quebec), UTJD Inc. also reserves the right to modify the price of any Services or any other products offered via the Services. UTJD Inc. is not responsible for any error in copy or images relating to the Services or any other products offered via the Services. Any offer to sell any Services or any other products offered via the Services may be discontinued at any time in UTJD Inc’s sole discretion.
 

Otherwise applicable sections of these Terms shall survive termination including but limited to this Section and the following Sections: Section 1 (This is a Legal Agreement); Section 7 (Intellectual Property); Section 10 (Privacy Policy); Section 12 (Disclaimer of Warranties); Section 13 (Exclusive Remedy and Limitation of Liability); Section 14 (Indemnification); Section 15 (Integration and Severability and Amendment); Section 16 (No Waiver); Section 17 (Assignment and Binding Effects); Section 18 (Dispute Resolution and Binding Arbitration); Section 19 (Class Action Waiver and Jury Trial Waiver); Section 20 (Choice of Law and Venue); and Section 23 (Separate Terms and Conditions). UTJD Inc. also reserves the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all access to and use of the Services, including any of the HockeyIQ Content.

 

4. Privacy Policy.
 

By using the Services, you acknowledge that you have reviewed and understand the hockeyiq.ca Privacy Policy (the "Privacy Policy"), which shall be incorporated into these Terms. You agree (i) to provide accurate, current, and complete information about yourself as may be prompted by any registration or other forms (collectively, "Registration Data"); (ii) to maintain the security of your password and username; (iii) to maintain and promptly update Registration Data and any other information you provide to UTJD Inc.; (iv) not to sell, transfer, or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

 

5. Links and Third Party Content.
 

The Services may contain links to other websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by the UTJD Inc. Such links do not constitute an endorsement by the UTJD Inc. of those other websites or online services, the content displayed therein, or the persons associated therewith. These Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
 

We may incorporate third party services, software, technology, data, and/or other content (collectively, "Third Party Materials") either independently or in connection with various programs, features, or functions available through the Services. Your use of Third Party Materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree and acknowledge that the UTJD Inc. assumes no liability with respect to your use of such Third Party Materials whether you are aware of their use or not and whether or not the use of such Third Party Materials is endorsed or recommended by UTJD Inc.
 

You may choose to purchase merchandise, content, subscriptions, NFTs, or other products or services from others, such as third-party merchants, marketplaces, app stores, platforms, and others (collectively, "Merchants"), including Merchants that are linked to or otherwise accessible through the Services. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. We are not responsible for losses or damages of any kind resulting from such purchases, and we make no representation or warranty regarding purchases through any Merchant.

 

6. Disclaimer of Warranties.
 

IF APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED OR STATUTORY WARRANTIES IN THESE TERMS TO APPLY TO YOU, SUCH EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 

YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE HOCKEYIQ CONTENT AND THE THIRD-PARTY MATERIALS, IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES OR HOCKEYIQ CONTENT OR THIRD-PARTY MATERIALS. THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE HOCKEYIQ CONTENT AND THIRD-PARTY MATERIALS, ARE PROVIDED "AS IS", "WITH ALL FAULTS," AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY THE UTJD INC. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE HOCKEYIQ CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. UTJD INC. DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY HOCKEYIQ CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR HOCKEYIQ CONTENT. UTJDINC. MAKES NO REPRESENTATION THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OR CANADA. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE UTJD INC. SHALL CREATE ANY WARRANTY.

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7. Exclusive Remedy and Limitation of Liability.
 

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITY, WILL THE UTJD INC., OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, UTJD Inc.) BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY HOCKEYIQ CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE UTJD INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
 

BECAUSE SOME JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE UTJD INC. PARTIES' LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
 

SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE UTJD INC. WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST UTJD INC. WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.

 

8. Indemnification.
 

You agree to indemnify, hold harmless, and defend the UTJD Inc. Parties, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your access to or use of the Services (including, without limitation, your User Content and your use of any HockeyIQ Content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from access to or use of the Services. You shall not settle any such claim without the prior written consent of the UTJD Inc. These obligations will survive any termination of these Terms.

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9. Integration and Severability and Amendment.

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These Terms constitute the entire agreement between the UTJD Inc. and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. UTJD Inc. in its sole discretion may amend these Terms, in which case we will post the amended Terms within the Services. Your access to or use of the Services after such amended Terms are posted will constitute acceptance of them by you. UTJD Inc. may be required to notify you of certain events concerning the Services and your access to or use thereof, and your access to or use of the Services constitutes acceptance that such notices will be effective upon our posting them on the applicable Services or, if we elect in our sole discretion, emailing you at an address you have provided to us.

 

10. No Waiver.

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Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

 

11. Assignment and Binding Effects.

You may not assign these Terms or any rights or obligations herein without the prior written consent of the UTJD Inc. and any attempted assignment in contravention of this provision is null and void and of no force or effect. UTJD Inc. has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.

 

12. Dispute Resolution and Binding Arbitration.

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PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).

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For purposes of these Sections 18-20, "UTJD INC" shall include www.hockeyiq.ca (as defined herein) and its respective employees, directors, officers, agents and representatives. Notwithstanding any other provision in these Terms, you and UTJD Inc. agree and acknowledge that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act will govern their interpretation and enforcement and any proceedings relating to such interpretation or enforcement.

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Definition of Dispute.

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"Dispute" shall be defined as any dispute, claim, or controversy arising out of or relating to the Services, these Terms, the Privacy Policy, other applicable hockeyiq.ca terms or policies, or your relationship with the UTJD Inc., whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). Dispute shall be interpreted broadly. Dispute shall also include any dispute, claim, or controversy that arose before you assented to these Terms or after termination. Notwithstanding the foregoing, Dispute shall not include disputes, claims, or controversies concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Services. You or the UTJD Inc. may seek interim or preliminary relief from a court of competent jurisdiction as needed to protect the status quo pending completion of arbitration.

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The video content featured on this website is used under the fair dealing provision of Canadian copyright law. We believe this use is fair and justified for the following purposes:

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• Education: The video used is purposed to provide further education and promotion to the sport of hockey beyond what is readily available in the public space.

• Criticism: The video used is purposed to provide criticism/ praise of team and or individual performance in the game of hockey.

• Private Study: The video(s) used is purposed to provide private study by participants lower than the professional level of hockey.

• Promotion of Ice Hockey: The video used is purposed to positively promote the game of hockey and increase persons knowledge of the game, therefore interest, participation and enjoyment of the game of hockey as well.

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We have made efforts to ensure that our use of this video complies with the conditionsoutlined in the Copyright Act (R.S.C., 1985, c. C-42), including the following:

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• The video is used for a purpose permitted under fair dealing.

• We have provided proper attribution to the copyright owner of the video, when and where possible.  If you believe credit is not properly attributed, please email info@hockeyiq.ca

• The amount and substantiality of the video used are appropriate for the intended purpose.

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Please note that the inclusion of this video on our website does not imply any endorsement by the copyright owner of our website or its content.

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If you believe that your copyright-protected work has been used on our website in a manner that constitutes copyright infringement, please contact us to resolve the issue at info@hockeyiq.ca.

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1. Acceptance of Terms of Use.

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BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree to these Terms, you must not access or use any of the Services. UTJD Inc. may change the terms of this Agreement at any time, and your access to or use of Services after such change is posted will mean that you accept such change.