Terms & Conditions

TERMS of USE

(a.k.a. “The Usual C.Y.A. Legal-ese that is Required in this Day and Age of Rampant and Often-encouraged Frivolous Litigation” – our sincere apologies.)

 

 

Please read the terms and conditions of use before using this site. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE.

1.  User Acceptance and Consent to Terms and Conditions of Use

Welcome to HockeyCheckr.com! Please understand, by using or registering for the services offered on HockeyCheckr.com, users and the entities or persons they represent ("User", "Users", or "you") agree to be legally bound and abide by the terms, conditions, and notices set forth or referenced herein (the "Terms of Use").

HockeyCheckr.com reserves the right to change the Terms of Use from time to time and at its sole discretion. It is each User's responsibility to inform themself of the Terms of Use and monitor any changes. Your continued use of HockeyCheckr.com following the posting of any changes to the Terms of Use, whether or not you have informed yourself of the changes, constitutes acceptance of those changes. Additionally, when you (a) pledge of prepay for a Session, (b) complete the user registration process, or (c) use any other service offered by HockeyCheckr.com, you agree to the Terms of Use and any and all applicable purchase policy terms, which are incorporated herein by reference. If you do not agree to the Terms of Use please do not use HockeyCheckr.com. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by HockeyCheckr.com and shall be of no force or effect. You represent that you have read and agree to be bound by the Terms of Use, including our purchase policy terms and our Privacy Policy.

2.  Registration; User Account Creation and Security

In consideration of your use of the HockeyCheckr.com site and the HockeyCheckr.com service, you agree to:

  • provide true, accurate, current and complete information about yourself as prompted by HockeyCheckr.com's registration form (such information being the "Registration Data"), and

  • maintain and promptly update the Registration Data to keep it true, accurate and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or HockeyCheckr.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HockeyCheckr.com reserves the right to suspend or terminate your account and refuse any and all current or future use of HockeyCheckr.com and its affiliates.

As part of the registration and account creation process necessary to obtain access to portions of the HockeyCheckr.com site that require a fee or payment, you will provide a valid e-mail address and select a password. You will provide HockeyCheckr.com with certain registration information, all of which must be accurate and updated. You shall not

  • select an e-mail address already used by another person;

  • use an e-mail address in which another person has rights without such person's authorization; or

  • use an e-mail address or password that HockeyCheckr.com, in its sole discretion, deems offensive or inappropriate

You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify HockeyCheckr.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (2) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your HockeyCheckr.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password.

Any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your account. And, in the event of fraudulent, abusive or otherwise illegal activity, HockeyCheckr.com may refer you to appropriate government agencies. HockeyCheckr.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Access and use of password protected and/or secure areas of the HockeyCheckr.com site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the HockeyCheckr.com site may be subject to prosecution.

3.  Cookies

This website sometimes places "cookies," i.e., small pieces of text consisting of one or more name-value pairs containing bits of information such as user preferences, on a user's computer, via the user's web browser. You have the right to opt out of such use through your web browser's settings, which allow you to decide whether or not to accept cookies.


For more information about the use of certain other information about you, please see our Privacy Policy.

4.  Privacy Policy

Your Registration Data and certain other information about you is subject to our Privacy Policy.


 

5.  License; Permitted Use

You acknowledge and agree that you are only authorized, in accordance with and pursuant to the Terms of Use, to visit, view and to retain a copy of pages of HockeyCheckr.com's site for your own personal, noncommercial use; and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use HockeyCheckr.com for any purpose other than to for ice skating rink facility information, for personal use, or to purchase or pledge to attend any listed Sessions for your personal use, unless otherwise specifically authorized by HockeyCheckr.com to do so. As an express condition of your use of HockeyCheckr.com, you warrant to HockeyCheckr.com that you will not use HockeyCheckr.com for any unlawful purpose or purpose prohibited by the Terms of Use. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by HockeyCheckr.com to do so, or pursuant to and in accordance with the Link to Us Terms and Conditions as incorporated herein (please just send us a message with the request to link to HockeyCheckr.com, and we're pretty sure we won't mind!).

You acknowledge and agree that you acquire absolutely no rights or licenses in or to HockeyCheckr.com, its site, its services and/or its materials contained therein other than the limited right to utilize HockeyCheckr.com in accordance with the Terms of Use. Should you choose to download content from HockeyCheckr.com, you must do so in accordance with the Terms of Use. Such download is licensed to you by HockeyCheckr.com ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you. If you violated any part of the Terms of Use, your permission to use HockeyCheckr.com automatically terminates and you must immediately destroy any copies you have made of any material obtained through the site.

7.  Rules Of User Conduct; User's Grant Of Limited License; User-generated Content Rules

(a) Rules of User Content; Service Limitations. You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom or entity from which such Content originated. This means that you, and not HockeyCheckr.com, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the HockeyCheckr.com site. HockeyCheckr.com does not control the Content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You further acknowledge and agree that by using HockeyCheckr.com, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will HockeyCheckr.com be liable in any way for any Content, including, but not limited to, for 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 or otherwise transmitted via the HockeyCheckr.com site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the HockeyCheckr.com site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
  • is known by you to be false, inaccurate or misleading;
  • is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, hateful, or otherwise violates HockeyCheckr.com's Terms of Use;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or rights of publicity or privacy;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  • impersonates any person or entity, including any employee or representative of HockeyCheckr.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
  • for which you were compensated or granted any consideration by any third-party;
  • harms minors in any way;
  • intentionally or unintentionally violates any applicable local, state, federal or international law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • "stalks" or otherwise harasses another;
  • collects or stores personal data about other users;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and/or
  • contains any computer viruses, worms or other potentially damaging computer programs or files.
You also agree that you WILL NOT:
  • harvest or collect information about the users or members of HockeyCheckr.com or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;
  • knowingly solicit or collect personal information from a child 13 years old or younger without appropriate prior verifiable parental consent;
  • use any robot, spider, other automatic device, or manual process to monitor or copy HockeyCheckr.com's web pages or the content contained thereon without HockeyCheckr.com's prior written consent;
  • use any robot, spider, other automatic device, or manual process for any other unauthorized purpose without HockeyCheckr.com's prior written consent;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the HockeyCheckr.com site;
  • take any action that imposes an unreasonable or disproportionately large load on HockeyCheckr.com's infrastructure;
  • copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, noncommercial use) from the HockeyCheckr.com site without the prior written consent of HockeyCheckr.com;
  • use information from the HockeyCheckr.com site to harass, abuse, or harm another person; and/or
  • use information from the HockeyCheckr.com site to contact, advertise, solicit or sell to any other member or User without that member or User's prior consent.
You acknowledge and agree that HockeyCheckr.com may preserve Content and User Content (defined below) and may also disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
  • comply with legal process;
  • enforce the Terms of Use;
  • respond to claims that any Content violates the rights of third-parties; or
  • protect the rights, property, or personal safety of HockeyCheckr.com, it's Users and the public.
You understand that the technical processing and transmission of the HockeyCheckr.com service, including your Content, may involve:
  • transmissions over various networks; and
  • changes to conform and adapts to technical requirements of connecting networks or devices.
(b) User's Grant Of License. By posting or submitting Content to any User-submit areas of the HockeyCheckr.com site ("User Content"), you automatically grant, or warrant that the owner of such content has expressly granted HockeyCheckr.com and its affiliates and licensees the royalty-free perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, perform, adapt, modify, publish, translate, sub-license, copy, distribute, have distributed, create derivative works from, and/or sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you, and/or promote the content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by HockeyCheckr.com will not infringe or violate the rights of any third-party. You also permit any other User to access, store, or reproduce the User Content for that User's personal use. All User Content that you submit may be used at HockeyCheckr.com's sole discretion. HockeyCheckr.com reserves the right to change, condense or delete any content on the HockeyCheckr.com site that it deems, in its sole discretion, to violate the content guidelines or any other provision of the Terms of Use. HockeyCheckr.com does not guarantee that you will have any recourse through HockeyCheckr.com to edit or delete any of your User Content. HockeyCheckr.com reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not HockeyCheckr.com, are responsible for your User Content. None of your User Content shall be subject to any obligation of confidence on the part of HockeyCheckr.com, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
(c) Representations and Warranties of User. In addition to all other representations and warranties of Users, by submitting any User Content to HockeyCheckr.com you represent and warrant that:
  • you are the sole author and owner of the intellectual property rights to your User Content;
  • all "moral rights" that you may have in such User Content have been voluntarily waived by you;
  • your posted User Content is accurate;
  • you are at least 13 years old; and
  • use of your User Content does not violate the Terms of Use and will not cause injury to any person or entity.
(d) Indemnification by Users. You agree to indemnify and hold HockeyCheckr.com, together with its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers (collectively, the "MT Parties"), harmless from all claims, demands, and damages (actual and/or consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third-party. Moreover, you agree to protect and fully compensate the MT Parties and their respective service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of HockeyCheckr.com, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
(e) No Endorsement of User Content. You acknowledge and agree that HockeyCheckr.com does not endorse any User Content of any user and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that HockeyCheckr.com does not pre-screen or unilaterally monitor any User Content, but that HockeyCheckr.com and its designees will have the right (but not the obligation) in its sole discretion to refuse, edit, move or remove any User Content.

8.  Proprietary Rights; Restrictions on Use

You acknowledge and agree that the HockeyCheckr.com site is the copyrighted property of HockeyCheckr.com, and you further acknowledge that the HockeyCheckr.com site contains Content, User Content and other content, some of which is owned by HockeyCheckr.com and some of which is owned by third-parties (collectively, "Protected Content"). The Protected Content is protected by copyrights, trademarks, service marks, patents, trade secrets, international treaties and/or other proprietary rights and laws of the United States and other countries, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Protected Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and HockeyCheckr.com owns all copyrights in the selection, coordination, arrangement, and enhancement of such Protected Content and in databases pursuant to applicable laws and treaties. Except as expressly authorized by HockeyCheckr.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content, in whole or in part. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Protected Content, provided that the copies are made only for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Systematic retrieval of data or other content from the HockeyCheckr.com site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HockeyCheckr.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the HockeyCheckr.com site or the Terms of Use.

The HockeyCheckr.com site or any portion of the HockeyCheckr.com site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HockeyCheckr.com (and the copyright owner if other than HockeyCheckr.com.) You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HockeyCheckr.com and our affiliates without prior written consent. You may not use any meta tags or any other "hidden text" utilizing HockeyCheckr.com's name or trademarks without the express written consent of HockeyCheckr.com. Any unauthorized use terminates the license granted by HockeyCheckr.com.

You agree not to use, transfer, distribute or dispose of any information contained in the HockeyCheckr.com site in any manner that could compete with HockeyCheckr.com's business. You agree to protect the proprietary rights of HockeyCheckr.com and all others having rights in the HockeyCheckr.com site during and after the term of these Terms of Use and to comply with all reasonable written requests made by HockeyCheckr.com or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the HockeyCheckr.com site. You agree to notify HockeyCheckr.com in writing promptly upon becoming aware of any unauthorized access or use of HockeyCheckr.com by any party or of any claim that HockeyCheckr.com infringes upon any copyright, trademark or other contractual statutory or common law rights.

Illegal and/or unauthorized uses of HockeyCheckr.com, including, but not limited to, unauthorized sales, unauthorized framing of or linking to the site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Except as provided in the preceding paragraphs, or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, or distribute for commercial purposes any materials or design elements from the HockeyCheckr.com site protected by copyright, or other proprietary right without the express written permission of HockeyCheckr.com. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please email us at support@movietickets.com.

IN FURTHERANCE OF THE ABOVE-NOTED, YOU HEREBY AGREE AS FOLLOWS: YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF HOCKEYCHECKR.COM, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM HOCKEYCHECKR.COM AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE HOCKYCHECKR.COM SITE OR ITS CONTENT WOULD BE A VIOLATION OF MOVIETICKETS.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF HOCKEYCHECKR.COM FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF HOCKEYCHECKR.COM. FURTHERMORE, YOU MAY NOT USE ANY OF HOCKEYCHECKR.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH HOCKEYCHECKR.COM'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE HOCKEYCHECKR.COM OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF HOCKEYCHECKR.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.

9.  Rights Reserved

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to HockeyCheckr.com (the "Intellectual Property Rights") shall, as between you and HockeyCheckr.com, at all times be and remain the sole and exclusive property of HockeyCheckr.com. All present and future rights in and title to HockeyCheckr.com (including the right to exploit HockeyCheckr.com and any portions of HockeyCheckr.com over any present or future technology) are reserved to HockeyCheckr.com for its exclusive use.

10.  Copyrights and Copyright Agents

HockeyCheckr.com respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HockeyCheckr.com's management the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the HockeyCheckr.com site;

  • Your address, telephone number, and email address;

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

  • 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.


 

11.  Fees and Payments

HockeyCheckr.com reserves the right at any time to charge fees for access or use of HockeyCheckr.com. If at any time HockeyCheckr.com requires a fee for access or the use of all or portions of HockeyCheckr.com, HockeyCheckr.com will require you to register and create an account. In no event will you be charged for access or use to all or portions of HockeyCheckr.com unless HockeyCheckr.com obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale by or through HockeyCheckr.com or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of HockeyCheckr.com through your account, and the purchase of any other products or services. Certain portions or services of HockeyCheckr.com may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive access or services from HockeyCheckr.com if a Prepaid Fee is required unless HockeyCheckr.com receives, in advance, all fees and charges payable by you, including the Prepaid Fee.

12.  Third-Party HockeyCheckr.com sites

Users may through hypertext or other computer links gain access to other sites on the Internet that are not under HockeyCheckr.com's control. These sites may contain information or material that some people may find inappropriate or offensive. Should you, via a link contained herein, view content that is not provided by HockeyCheckr.com, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by HockeyCheckr.com. You acknowledge that HockeyCheckr.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor for any damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such linked sites, whether actual, alleged, consequential or punitive. The inclusion of such a link does not imply endorsement of the site by HockeyCheckr.com.

13.  Disclaimer Of Warranties; Limitation of Liability

A PORTION OF HOCKEYCHECKR.COM'S CONTENT, INCLUDING USER CONTENT, IS SUPPLIED BY THIRD-PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD-PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF HOCKEYCHECKR.COM. HOCKEYCHECKR.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON HOCKEYCHECKR.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF HOCKEYCHECKR.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.

YOU AGREE THAT YOUR USE OF THE HOCKEYCHECKR.COM SITE AND SERVICES ARE AT YOUR SOLE RISK AND ACKNOWLEDGE THAT HOCKEYCHECKR.COM AND ANYTHING CONTAINED THEREIN OR AVAILABLE THROUGH, INCLUDING, BUT NOT LIMITED TO, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, SERVICES, GOODS OR ADVERTISEMENTS (THE "ITEMS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, AND THAT HOCKEYCHECKR.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ITEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR USE. HOCKEYCHECKR.COM, ITS AFFILIATES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT HOCKEYCHECKR.COM CONTENT, USER CONTENT OR SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE HOCKEYCHECKR.COM SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE HOCKEYCHECKR.COM SITE OR SERVICES ARE FREE OF VIRUSES, WORMS OR "TROJAN HORSES" OR OTHER HARMFUL COMPONENTS AND THEY ARE NOT LIABLE, JOINTLY OR SEVERALLY, FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF ANY SUCH DESTRUCTIVE FEATURES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Moreover, you agree that HockeyCheckr.com, its suppliers and its third-party agents shall specifically have no responsibility or liability for:

  • Any injury or damages, whether caused by the negligence of HockeyCheckr.com, its employees, subcontractors, agents, suppliers or otherwise arising in connection with your use of HockeyCheckr.com and shall not be liable for any lost profits; punitive, incidental, statutory or consequential damages; or any claim against you by any other party.

  • Any inaccuracy, omission, delay or any other technical problem or failure, whether real or perceived, related to HockeyCheckr.com, regardless of the cause, including but not limited to computer equipment failures, ISP failures, router problems, connection issues, or similar problems or issues.

HockeyCheckr.com is not responsible for the availability, content or accuracy of the content of other Web sites, services, goods or advertisements that may be linked to, or advertised on HockeyCheckr.com which are not maintained or controlled by HockeyCheckr.com. HockeyCheckr.com does not:

  • make any warranty, express or implied, with respect to the use of the links provided on HockeyCheckr.com;

  • guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to HockeyCheckr.com; or

  • make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to HockeyCheckr.com.

HOCKEYCHECKR.COM IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, INTERNET AND EQUIPMENT YOU USE TO ACCESS HOCKEYCHECKR.COM. YOU UNDERSTAND THAT HOCKEYCHECKR.COM AND/OR THIRD-PARTY CONTRIBUTORS TO HOCKEYCHECKR.COM MAY CHOOSE AT ANY TIME TO INHIBIT OR PROHIBIT THEIR CONTENT FROM BEING ACCESSED UNDER THE TERMS OF USE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE HOCKEYCHECKR.COM PARTIES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE MT PARTIES HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE HOCKEYCHECKR.COM OR ANY LINKS OR ITEMS ON HOCKEYCHECKR.COM SITE OR ANY PROVISION OF THE TERMS OF USE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. HOCKEYCHECKR.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HOCKEYCHECKR.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR PURSUANT TO STATUTE, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR ACCESS AND/OR USE OF HOCKEYCHECKR.COM.

14.  Indemnification

You agree to defend, indemnify and hold harmless HockeyCheckr.com and the HockeyCheckr.com Parties, its co-branders or other partners from any and all liabilities, claims, expenses or demand, including reasonable attorneys' fees, made by any third-party due to or arising: (i) from your use or misuse of or your connection to HockeyCheckr.com; (ii) out of User Content you submit, post to or transmit through HockeyCheckr.com's site or service, (iii) from your violation of the Terms of Use, or (iv) your violation of any rights of another. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. HockeyCheckr.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with HockeyCheckr.com in asserting any available defenses.

15.  Representations and Warranties

You represent, warrant and covenant that:

  • you have the power and authority to enter into this agreement;

  • you are at least thirteen (13) years old;

  • you shall not use any rights granted hereunder for any unlawful purpose; and

  • you shall use HockeyCheckr.com's site and service only as set forth in these Term of Use.

16.  International Use

HockeyCheckr.com makes no representation that materials on HockeyCheckr.com are appropriate, legal or available for use in locations outside the United States and Canada, or that it is authorized for export from the United States or Canada or import into any other country. HockeyCheckr.com's site and services are not intended for use or distribution by any person in any jurisdiction where such use or distribution is contrary to local law or regulation. Those who choose to use or access HockeyCheckr.com's site or services from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of HockeyCheckr.com. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access HockeyCheckr.com's site or service.

17.  General Information

The Terms of Use and the relationship between you and HockeyCheckr.com shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You and HockeyCheckr.com agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Clark, State of Nevada. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY COURT ACTION ARISING BETWEEN THE PARTIES, WHETHER UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT, AND WHETHER MADE BY CLAIM, COUNTERCLAIM, THIRD-PARTY CLAIM OR OTHERWISE. THE AGREEMENT OF EACH PARTY TO WAIVE ITS RIGHT TO A JURY TRIAL WILL BE BINDING ON ITS SUCCESSORS AND ASSIGNS. The failure of HockeyCheckr.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the HockeyCheckr.com site or service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance. You accept that HockeyCheckr.com has the right to change the content, service or technical specification of any aspect of its site or services at any time in HockeyCheckr.com's sole discretion. You further accept that such changes may result in your being unable to access HockeyCheckr.com.

18.  Arbitration

HockeyCheckr.com is committed to resolving any customer concerns, and we will attempt to directly resolve your complaints. Any complaints that are still unresolved after these direct efforts will be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its applicable commercial rules in Clark County, Nevada. Requests for arbitration may be made by either party by written notice to the other party. If, within ten (10) days of issue of the request for arbitration, the parties agree to determination of the matter by a named single arbitrator, it shall be determined by that arbitrator. If, within ten (10) days of issue of a request for arbitration, the parties do not agree on a single arbitrator for determination of a specific dispute, such dispute shall be determined by a panel of three (3) arbitrators, one to be appointed by each party, with those to appoint a third arbitrator to act as chairman of the panel. The costs of the chairman of the arbitration panel, or of a single arbitrator, shall be borne equally by the parties. Each party shall pay the costs of an arbitrator appointed by that party whenever a panel of arbitrators is engaged. Each party shall be responsible for their own attorneys’ fees and related expenses, unless the arbitrator(s) award recovery of such fees and expenses to the prevailing party.

19.  Termination

You may terminate your account at any time by sending an e-mail to support@hockeycheckr.com. Upon termination, you will receive confirmation via e-mail that the request was received, and your account will be terminated within ten (10) business days. You are responsible for all charges, if any, incurred up to the time that account is terminated.

HockeyCheckr.com may terminate your account, with or without cause, at any time and effective immediately. Your use of HockeyCheckr.com may terminate immediately without notice from HockeyCheckr.com if you, in HockeyCheckr.com's sole discretion, fail to comply with any provision of the Terms of Use.

Upon termination by you or upon notice of termination by HockeyCheckr.com, you must immediately cease all use of HockeyCheckr.com and destroy all materials obtained from HockeyCheckr.com and any copies thereof.

20.  Entire Agreement

The Terms of Use and any and all other terms and conditions of service on www.hockeycheckr.com , and its successor(s), represent and constitute the entire agreement between you and HockeyCheckr.com regarding your relationship with HockeyCheckr.com, supersedes any prior statements or representations and governs your use of the HockeyCheckr.com's site and/or service.