LAST UPDATED: JANUARY 6,2021
WHO CAN USE OUR WEBSITE
You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our website and the services it offers. If you are under the age of majority or legal age in your jurisdiction of residence, you are prohibited from directly using our website and services, and a parent or guardian must make purchases on your behalf. By using our website, you represent and warrant that you have the right and authority to enter into these Terms. We disclaim any and all responsibility or obligation to monitor or verify the age or legal status of any of our website users.
We ship to all locations outlined on our Shipping Policy page here.
On January 6, 2022, pursuant to an order (the “Appointment Order”) of the Ontario Superior Court of Justice (Commercial List), PricewaterhouseCoopers Inc., LIT (“PwC”) was appointed receiver and manager (the “Receiver”) without security, of all of the assets, undertakings and properties of HockeyShot Inc. pursuant to section 243(1) of the Bankruptcy and Insolvency Act (Canada), R.S.C. 1985, c. B-3, as amended and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended. A copy of the Appointment Order may be accessed at www.pwc.com/ca/hockeyshot.
All sales are final; products sold are sold on an "as-is, where-is" basis with no returns, refunds or exchanges.
PricewaterhouseCoopers Inc., LIT is acting in its capacity as Receiver of the HockeyShot Inc., and not in its personal capacity and accepts no liability in respect of any sales.
WHAT YOU CAN DO ON OUR WEBSITE
Our website allows you to view and purchase a variety of hockey training products and services, including: synthetic ice flooring, training aids, accessories, signup for Training Programs, additional training content and our Blog.
Products and Services
In addition to the functionality and benefits of our Accounts, our online store allows you to add various products to your cart, select quantities for purchase, and engage in purchase transactions whether as a registered user or a guest. We also provide information and resources for you, such as our blog and training content for you to find our products and help in your training development.
Quantities of some products may be limited or low in stock (e.g., clearance products). While we make every effort to fulfill your order, due to high demand it may be the case that an item becomes out of stock during the order placement process. If a product you order is out of stock at the time you place an order, we will send you an email and you may elect to have it shipped on a subsequent shipment or request a refund.
You can also rate and submit reviews for our products. You do not need to have an account in order to submit a review.
Payment and Return Policy
We use the services operated by Shopify Payments (“Payment Processor”) as a payment gateway for processing purchase orders. Our Payment Processor provides us with the necessary software and application programming interface (API) that allows users to submit orders and make purchases. Our Payment Processor will store payment information such as credit card data, which is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations. Our Payment Processor adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by us and our service providers.
When you make a purchase on our website, you agree to pay, and authorize our Payment Processor to charge you using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in [CDN/US/EUR] Dollars and are non-refundable except as required by law. We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.
Our Return Policy is available here.
ACCEPTABLE USE POLICY
We have established the following rules of use for our website. You agree not to:
- post any content that is unlawful, harmful, fraudulent, inaccurate, threatening, libelous, slanderous, abusive, harassing, obscene, profane, vulgar, sexually offensive, hate speech or racially, ethnically or ethically objectionable;
- post any content that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, national, or international law;
- violate any third party rights, including third party intellectual property rights (including copyright, such as removing proprietary notices or labels on this website of the Content (as defined below)) or privacy rights;
- post any content for commercial purposes, including advertising, promotions, junk mail or spam;
- post any any content or comments relating to our competitors or competitors’ products;
- commit or permit any reverse engineering, reverse assembling, disassembling, reverse compiling, or decompiling, or any attempt to derive source code from, any prototypes, hardware, software, or other tangible objects on the website and/or the web server(s) hosting the website or other websites owned by us;
- frame, mirror, scrape or data-mine the website or any of its content in any form or by any means;
- post, upload or otherwise transmit through the website any viruses or other harmful, disruptive or destructive files;
- disclose a password, permit a third party to use a password, or fail to notify us if a password is compromised;
- impersonate or misrepresent your affiliation with any person or entity; and/or
- encourage or enable any other individual to do any of the foregoing.
HockeyShot, in its sole discretion, reserves the right to review, edit and/or remove any information you post, display or place on the website and/or the web server(s) hosting the website and other websites owned by us. Misuse of the website may result in civil and/or criminal liability. We have the right to immediately terminate the access of any User who misuses the Website or violates the Terms.
THE CONTENT ON OUR WEBSITE
Except for public domain material, all content (including Submissions, as defined below) and material on and/or forming part of our website from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by HockeyShot or its licensors. All rights not expressly granted to you in these Terms are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.
Except for your use as authorized in these Terms, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.
Our website allows you to submit content to us, such as through posting reviews. By providing, posting, uploading, inputting or submitting materials, content, blogs, comments, postings, messages, feedback, ideas, stories, photographs, data or other information (the “Submissions”) on the website, you warrant and represent that you own or otherwise control all of the rights in and to the Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions on the website. Furthermore, you hereby grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display and otherwise use the Submissions, in whole or in part, worldwide in all manner and media whether now known or later developed. You shall provide waivers in our favor with respect to any and all moral rights in the Submissions held by any individuals who may be authors of such Submissions. You also hereby authorize any other user of the website to copy, access, display, view, store and reproduce your Submissions for personal use.
The trademarks, service marks or logos displayed on and/or used in connection with this website, including but not limited to “HOCKEYSHOT” (in Canada) and “HOCKEYSHOT.COM” (in the United States of America) (collectively, the “Marks”) are either registered or unregistered trademarks of HockeyShot or of our licensors. Nothing in these Terms should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website.
LINKS TO OTHER WEBSITES
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
HockeyShot Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our website contains materials of third parties and links to third party sites. As a result, materials of third parties not owned or controlled by us are included in or linked to our website or are stored or transmitted by or over our website. To the best of our knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (as described in the next paragraph), we will respond expeditiously by disabling access to materials claimed to be infringing. We may also, in appropriate circumstances, terminate relationships with third parties who repeatedly infringe the copyrights of others in connection with our website.
HOW TO PROVIDE NOTICE OF INFRINGEMENT CLAIMS
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HockeyShot’s Agent for Notice listed below with the following information in a written notice:
- An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed;
- An identification of the material that is claimed to be infringing and a description of where the material is located on our website (please provide a URL if possible);
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
- A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf; and,
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
HockeyShot’s designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: HockeyShot Inc.
Name of Agent for Notice: Copyright Agent
By mail: 7025 Langer Drive, Suite 115, Mississauga, ON L5N 0E8
By phone: +1 (888) 417-7468
This website, the products and services it offers and the Content are provided by HockeyShot on an “as is” and “as available” basis only and without warranties of any kind either express or implied. To the maximum extent permissible under the law, and without limiting the foregoing, HockeyShot expressly disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality and fitness for a particular purpose, title, non-infringement of intellectual property and other proprietary rights, and implied warranties and conditions arising from the course of dealing or course of performance. HockeyShot does not warrant that the website, the products or services it offers or any Content will be uninterrupted or error-free, that defects will be corrected or that the website or the web server hosting the Website will be free of viruses or other harmful components. If you download Content from the website, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content. No advice or information obtained by you from the website shall create any warranty of any kind. In no event will HockeyShot be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the website. HockeyShot does not monitor all activity occurring on the website, but reserves the right to do so.
Limitation of Liability
To the maximum extent permitted by law and without limiting the foregoing, HockeyShot and its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, shall not be liable to you or any other party for any damages of any kind arising from your use of the website, the products and services it offers, any Linked Sites, or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages, and includes loss of profits, business interruption, cost of substitute products or services, loss of programs or other data on your information handling system or otherwise, even if HockeyShot is expressly advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
If you are dissatisfied with any portion of the website or services, or with these Terms or any other policy applicable to the website or services, your sole and exclusive remedy is to discontinue using the website and services.
You agree to defend, indemnify and hold harmless HockeyShot, its licensors and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of the Terms or your violation of any law or the rights of any third party and/or arising out of or in connection with any of your Submissions. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by HockeyShot.
Access to this website is not permitted where prohibited by law. If you choose to access and/or use the website, you do so on your own initiative and are responsible for compliance with these Terms and all applicable laws.
These Terms and your use of the website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and/or the rules and regulations set forth on this website, including without limitation the right to block access from a particular internet address.
Your use of the website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and us other than that of independent contractors.
We may, in our sole discretion, terminate or suspend your access to all or part of this website and its Content for any reason, including, without limitation, your breach of these Terms. We have absolute discretion to determine if any use violates these Terms and to take action as we deem appropriate in the event of any violation. We may investigate potential violations of these Terms and may involve, cooperate with, or make disclosures to law enforcement authorities in identifying and prosecuting users who are involved in such violations.
OUR COMMUNICATION WITH YOU
If you have opted-in to receive our newsletter, made a purchase through our online store, or submitted an inquiry through our website, you consent to receiving promotional messages and newsletters from us and any third parties for whom we send materials on behalf of. You can always unsubscribe at any time by clicking the link at the bottom of each communication (e.g., in the email footer). If you choose not to opt-in or choose to opt-out, the remainder of these Terms will continue to apply to your use of this website.
SMS/MMS Mobile Message Marketing Program
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that HockeyShot and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of hockey training equipment Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which HockeyShot’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you have any questions, concerns, or suggestions regarding these Terms, please contact us at firstname.lastname@example.org or by submitting an inquiry on our Contact Us page of this website.