TERMS OF USE
Welcome to www.puckprospect.com, the Internet’s best hockey scouting and recruiting service for players, parents, coaches, and scouts alike . By using www.puckprospect.com’s Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you purchase a membership to the Website. Hockey players, coaches, scouts, parents, and all others registering to the Website shall be known as “Members” and hereby specifically consent to all provisions of this Agreement. All users of the Website who make use of the Website’s service (the “Service”), must read this Agreement. If you object to anything in this Agreement, do not use the Website or the Service. This Agreement is subject to change by www.puckprospect.com at any time, effective upon posting on the Website. Member’s use of the Service after such posting will constitute acceptance by Member of any and all changes to the Agreement.- Acceptance of Terms of Use Agreement.
Any and all information provided to PuckProspect shall be completely accurate and truthful. You shall not access information you are not permitted to access or possess and you have not, nor will you, access other user's passwords, usernames, login id, etc. You shall not access files reserved solely for PuckProspect.com administrators. By registering untruthfully you can and will be held liable for your actions and the consequences. This is unlawful access to proprietary information and PuckProspect reserves the right to pursue legal action against you and any who assist you.
You agree that your use of the PuckProspect Website will not violate any local, national, or international law.
To register for a Player account, you must be a youth who is contemplating playing or endeavoring to continue participation as a hockey player in one of PuckProspect’s listed hockey schools, teams, organizations or programs.
To register for a Coach/Scout account, you must be currently employed as a Collegiate or University athletic association affiliated, or other school, team, or organization, Head Coach, Assistant Coach, General Manager, Assistant General Manager, or Official Collegiate or University or other school, team, or organization Recruiter or Scout verifiable by school, team, or organization telephone number, email, and registered mailing address. a) Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and/or your Membership to the Service. This Agreement may be modified by www.puckprospect.com from time to time, with such modifications to be effective upon posting by www.puckprospect.com on the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b) Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
- Member Secuirty
Puckprospect.com places the highest priority on the security of our member's information. For your safety, DO NOT REVEAL PERSONAL INFORMATION such as telephone numbers, email addresses and mailing addresses without the express knowledge of your parent or legal guardian.
- No Refunds.
All fees related to a membership to the Website’s Services are non-refundable. If www.puckprospect.com is unable to send Member a password within twenty-four (24) hours of the date of registration to the email address Member registered with, a password will be sent via the Postal Service, within seven (7) to fourteen (14) calendar days.
- Legal Fees.
Should a Member request a refund from www.puckprospect.com, which is denied pursuant to this Agreement, and Member subsequently files a claim against in the courts of Canada or the United States, www.puckprospect.com shall be entitled to recover from Member all costs (including reasonable legal fees) associated with defending such a claim.
- Keeping Membership Current.
Member must promptly inform www.puckprospect.com of the following:
(a) changes in the expiration date of any credit card used in connection with the service;
(b) changes in home or billing address; and
(c) any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password.
Until www.puckprospect.com is notified via e-mail of a breach in security, Member shall remain liable for any unauthorized use of the Services as governed by this Agreement. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.
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Member Submissions
After you become a PuckProspect member, you may submit video content (herein called, "Member Videos") and textual content (herein called, "Member Commentary"). Member Videos and Member Commentary (herein called, "Member Submissions."). PuckProspect cannot guarantee confidentiality with respect to Member Submissions. You affirm, represent, and/or warrant that you own or have the necessary license(s), rights, consent(s), and/or permission(s) to use and authorize PuckProspect to use all copyright, trademark, or other proprietary rights in and to any and all Member Submissions in the manner contemplated by the Website and these Terms of Use. You will not submit material that is protected by copyright, trade mark, or is otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of these rights or have permission from their rightful owner to publish the material and to grant PuckProspect all of the license rights granted herein. By making Member Submissions to PuckProspect , you hereby grant PuckProspect a worldwide, non-exclusive, royalty-free, transferable and sublicenseable license to use, display, distribute, reproduce, prepare derivative works of, and perform your Member Submissions in connection with the PuckProspect Website and shall include the right of PuckProspect to use Member Submissions to promote PuckProspect 's Website and business in any media now known or to be developed in the future. Your submissions also grant to each user of the PuckProspect Website a non-exclusive license to access your Member Submissions through the Website, and to use, display, view, reproduce, and perform the Member Submissions as permitted through the Website and under these Terms of Use. Licenses granted by you terminate within a commercially reasonable time following your removal or deletion of videos and/or textual content from the PuckProspect service. However, you understand and agree that PuckProspect may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted.
- Member Accounts.
Access to and use of the Service is through a combination of a Member specific username and password. Members must use Required Web Browsers only to view the Website. If Member has technical difficulties, he/she should consult a local computer technician. Each Member must keep his/her password Strictly Confidential.
- DISCLAIMER OF WARRANTY
YOU AGREE THAT YOUR USE OF THE PUCKPROSPECT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PUCKPROSPECT , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS WEBSITE AND YOUR USE THEREOF, OR THE CONTENT OF ANY WEBSITES LINKED TO THE PUCKPROSPECT WEBSITE AND PUCKPROSPECT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PUCKPROSPECT WEBSITE. PUCKPROSPECT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTIES, WHETHER FROM A COACH, SCOUT, GENERAL MANAGER, SCHOOL, RECRUITER, TEAM, REPRESENTATIVE, OR A PROVIDER OF PRODUCTS OR SERVICES. YOU MUST USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE AND WHEN DEALING WITH THIRD PARTIES. YOU SPECIFICALLY ACKNOWLEDGE THAT PUCKPROSPECT SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- Ability to Contract.
You affirm that you are an emancipated minor, possess legal parental or guardian consent, or are more than eighteen (18) years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not 18 years of age, discuss your intentions and obtain legal parental or guardian consent with regard to PuckProspect PRIOR TO obtaining a PuckProspect membership.
Member hereby warrants and represents that he /she, in all respects is qualified, competent and of legal age to enter into this Agreement. www.puckprospect.com is not obligated to monitor the content on the Website
- Single Location/ISP Rule.
A Member may only access Website using a single Internet Service Provider (“ISP”) from a single location. A Member may not access the Website from both a home and work computer with the same Membership. Further, where a Member chooses to access the Website via a laptop computer, such use shall be limited to the first location, defined as the initial ISP (including any wireless networks) used to access the Website.
a) Proxy Server. The use of a Proxy Server is prohibited. If a Member is found to use a Proxy Server, his/her membership will be immediately terminated, with no refund.
b) Log of IP Address. www.puckprospect.com shall keep a log of all IP addresses and ISPs used by Member to access the Website, as a method of enforcing the Single Location/ISP rule. Member hereby consents to the keeping of such Log.
b) Violation of Single Location/ISP Rule. If Member violates the provisions of the Single Location/ISP Rule of this paragraph 6, www.puckprospect.com reserves the right to charge a $150.00 reconnection/security fee.
- Release of Passwords/Unauthorized Access.
www.puckprospect.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the service is a breach of this Agreement.
- Restricitions and Limitations
PuckProspect material (including but not limited to articles, coding, database(s), graphics, logos, text, etc.) shall not be used in any manner without written permission from PuckProspect . The PuckProspect Website, and any documents or files provided by PuckProspect or its members are provided solely for your personal and non-commercial use. Member Submissions shall be viewed solely by streaming. You agree not to disable, circumvent, or interfere with security features of the PuckProspect Website, including features preventing or restricting use or copying of any content or material in the Website. You shall not solicit other PuckProspect users and/or members. Soliciting registered Members of PuckProspect is strictly prohibited, and legal action may be taken against any and all persons or companies soliciting registered Members of PuckProspect. PuckProspect is in no way affiliated with any University, Collegiate, or other Athletic Association governing bodies. While PuckProspect expects members to know and be responsible for abiding with University, Collegiate, and other governing body rules and regulations, as well as local and federal laws, PuckProspect is not responsible for coaches or athletes who violate governing body rules or regulations or governmental laws. All members are responsible for their own actions, and violators are subject to account termination. PuckProspect is not responsible for any statements, representations, or misrepresentation by Members, their family members, schools, teams, or programs.
- Disclaimer of Warranty.
No Warranty is made by www.puckprospect.com regarding any information, services, or products provided through or in connection with the Service, and, to the maximum extent permitted by law, www.puckprospect.com hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose.
- Disclosure of Personal Information.
www.puckprospect.com reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental requirement, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Website, in its discretion, without notice at any time.
- Advertising and Links.
PuckProspect may display advertisements or commercials (herein called, "Advertising") on Website pages that also contain Members' information. Advertising will be visually separated from Members' information, and reasonable attempts will be made to ensure that advertisers don't imply endorsement or use of products or services by a Member. PuckProspect 's Website may include links to different Internet sites. These links do not constitute endorsements of any services, products, or companies, and information on linked sites is not necessarily endorsed or approved by PuckProspect . PuckProspect cannot be held responsible or liable for any damages caused by viruses when linking or linked to third party Internet sites. PuckProspect does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the PuckProspect Website, any hyperlinked website, or featured in any banner or other advertising.
- Disclaimers.
PuckProspect does not warrant that website service will be uninterrupted or error free. PuckProspect is not responsible or liable for any damages caused by viruses within this Website or in various delivery channels.
PuckProspect does not endorse any Member Submission or any opinion or statement expressed therein, and PuckProspect disclaims any and all liability in connection with Member Submissions. PuckProspect does not permit copyright or other infringing activities of intellectual property on its Website. PuckProspect reserves the right to remove Member Submissions and content without prior notice and will remove all Member Submissions and any other content if properly notified that a Member Submission or content infringes on another's intellectual property rights.
- Assignment.
You agree that these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. PuckProspect may assign its interests in the Terms of Use, and any rights and licenses.
- Misrepresentations and Falsifications.
PuckProspect will prosecute any person(s) who knowingly misrepresents or falsifies any complaint.
- Editorial Review.
www.puckprospect.com reserves the right, but is not obligated, to review materials posted to the Website and to remove any such materials, including offensive and/or explicit materials, and/or edit such materials in its sole discretion, without notice at any time. In addition, www.puckprospect.com reserves the right to terminate a Member’s access to any or all of the Website and Services at any time without notice for any reason whatsoever. Furthermore, www.puckprospect.com reserves the right to terminate or change any part of the Website at any time.
- Waiver of Liability/Limitation of Remedy.
www.puckprospect.com, its principles, members, sponsors and affiliates, shall not be liable for any damages whatsoever, including but not limited to loss or disclosure of information, data, revenue, accounts or business that occurs in connection with Member’s use of the Website and/or Service. www.puckprospect.com makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of this Website or such products or Services. Without limiting the foregoing, www.puckprospect.com AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. www.puckprospect.com AND/OR ITS RESPECTIVE SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL www.puckprospect.com AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF www.puckprospect.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SERVICES.
- Indemnity.
Member hereby agrees to defend, indemnify and hold www.puckprospect.com, its principles, employees, officers, directors, suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to Legal fees) arising from Member’s violation of this Agreement, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Member’s relationship with www.puckprospect.com.
- Private Use of Material.
The material contained on the Website (“Material”) is for the private, non-commercial enjoyment of Members only. Any other use is strictly prohibited. Member hereby agrees that he/she will not copy, publish, or in any way make available publicly or privately, any news, pictures, interviews, features, or any other information from the Website, without express written consent from www.puckprospect.com. Any such unauthorized of the Material by Member shall constitute a violation of provincial, state and federal copyright and intellectual property laws, resulting in the immediate termination of membership, and prosecution by www.puckprospect.com to the fullest extent of the law.
- Membership Duration.
Memberships to the Website run for one (1) year. For example, if Member registered on July 15th, 2007, membership would end on July 15th of 2008. For answers to questions about your registration to the Website, please visit our FAQs section.
- Privacy Policy.
The Privacy Policy shall constitute part of this Agreement and shall be deemed to be incorporated herein by reference in its entirety and made a part hereof, as if set out in full.
- Miscellaneous.
These Terms of Use shall be governed by the substantive laws of Canada and the United State of America, without respect to its conflict of laws principles.
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