PLAY HOCKEY

TERMS OF USE

Play Hockey Canada Inc. and Play Hockey USA Inc. (collectively "Play Hockey", “we”, “us”, or “our”) value your interest in the game, our services and your commitment to the Play Hockey community.  References to “you” and “your” are references to you as the visitor and user of our Website.

Acceptance of the Terms of Use

The following terms of use (“Terms of Use”) govern your use of our Website, www.playhockey.com. Please review these Terms of Use carefully before using the Website. When you access our Website, you are entering into a contract with us and you agree to be bound by these Terms of Use. If you do not agree to be bound by and comply with these Terms of Use, you are prohibited from accessing or using the Website or registering or subscribing for our products and services.

We also reserve the right to deny you access to or use of the Website if we have reason to believe that you do not comply with these Terms of Use.

Changes

Play Hockey reserves the right to change these Terms of Use at any time. We will notify you of any changes by posting an updated version of the Terms of Use on this Website with an effective date notation. It is your responsibility to regularly review these Terms of Use. If you use the Website after we make any changes, it means you have accepted the changes and that you agree to be bound by the Terms of Use as modified.

Play Hockey reserves the right to modify or discontinue, either temporarily or permanently, the Website including any products, goods or services contained on or referenced on our Website, with or without notice and without any liability.

Age of Majority Required

While we offer activities and events where participants may be under the age of majority, our Website and our service subscriptions are intended to be used by adults. By accessing this Website and accepting these Terms of Use, you represent and warrant to us, intending that we rely on same, that as the user of our Website, you are of the age of majority in your jurisdiction.  Organizational heads/team coaches/team managers and parents/legal guardians may share information from our Website with their participants/children as appropriate provided same is under their supervision.

Use of Third Party Service Providers

Play Hockey reserves the right to use third party service providers to carry out its services, events, activities or undertakings, in its discretion and without notice, as determined by Play Hockey from time to time.  Third party service providers may be located outside of your jurisdiction of residence and services may be subject to third party terms and conditions.  For all third party sites and services, we recommend that you carefully review third party terms and policies.

Linking to Play Hockey

You cannot link, make reference to, use, reproduce, republish or re-disseminate any content on our Website including any of Play Hockey's trademarks without our prior written consent.

Registration, User Account and Waiver

Registration by organizational heads/team coaches/team managers or parents/legal guardians (each a "registrant") is required for participants to be registered to participate in Play Hockey events and activities.  Registrants must be of the age of majority and provide certain required information to Play Hockey to complete registration information requirements both concerning himself/herself/themselves and concerning any participants registered by the registrant.  

By accessing or using the Website, you represent and warrant to us that you:

• consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any individual, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete; and
• accept full responsibility for all costs, fees, charges, taxes of any kind or nature resulting from your use of our Website under your name or account, including for the registration for Play Hockey events and activities or other services.

You acknowledge and agree that a waiver signed by the applicable participant (who is of the age of majority or older) or by a parent/legal guardian (for a participant under  the age of majority) is a condition of participation.

In connection with any account that you establish, you will be solely responsible for creating a unique username and a strong password to safeguard your Play Hockey online account. You are responsible for maintaining the confidentiality of the password used to access your account and restricting access to your computer or device. You agree to notify Play Hockey immediately if the confidentiality of your account or password has been compromised or if you suspect it has been compromised.  Play Hockey has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard. Play Hockey is not under any obligation to verify the actual identity or authority of any user of a password and login name. Play Hockey may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages, loss, costs and/or expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur using your Play Hockey online account.

In consideration of your use of the Website and any registration for or subscription for our services, events or activities, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form, and (ii) for any team registration made by you, provide true, accurate, current and complete information concerning your team, team participants, and parents/legal guardians as required and that you have obtained the consent of such persons to submit his/her/their information to Play Hockey for the purposes of the event or activity for which you have registered such participant; and (iii) for any individual registration for which you are registering a participant directly, that you have obtained the consent of the participant to registration, that you have the legal authority to make legal decisions on behalf of such participant as their parent/legal guardian, and that you provide true, accurate, current and complete information concerning your child; (iv) use your account only for its intended purposes, and (v) not to allow third party access to or transfer ownership of your account. 

If you provide any information that is untrue, inaccurate, not current or incomplete about yourself, your team, parents, participants or others, or if you allow third party access to or transfer ownership of your account, Play Hockey has the right to suspend or terminate your account and refuse any and all current or future use of the Website and our services.

In order to keep you updated about important changes to these Terms of Use, our Privacy Policy and concerning any of our services for which you subscribe, Play Hockey may send email communications related to your account or any events for which you have registered/registered a participant.  

You are responsible for managing your privacy and email settings as they relate to your interactions with Play Hockey to ensure that you receive our messages. You can update your personal information and email settings (such as marketing subscriptions) concerning your Play Hockey account at any time by signing into your account and editing your information and preferences or by unsubscribing for a particular service (subject to contractual or legal restrictions).

Intellectual Property

Play Hockey trademarks, domain names and content displayed on our Website (collectively, the "Play Trademarks") are either registered or common law trademarks of Play Hockey. Other trademarks, design marks, product names, company names or logos appearing on team jerseys or event locations or otherwise are trademarks of their respective owners. 

Nothing contained on the Website or at any event or activity location should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Play Trademarks, except with the express written consent of the trademark owner.

Access to Play Hockey venues, activities or events does not confer and shall not be considered as conferring upon you any license under any of Play Hockey's or any third party's intellectual property rights.

No Play Hockey Website content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, scraped, mirrored, data-mined, or sold in any form or by any means, in whole or in part, without Play Hockey's prior written consent. Subject to these Terms of Use, you are granted a limited license to access the Website solely for your personal, non-commercial use.  You are prohibited from removing, amending or obscuring any intellectual property or other proprietary notices. You may not upload or republish Website content. 

Limitations of Use

You may not access or use the Website for any purpose that is unlawful or that is prohibited by these Terms of Use. You may only access or use the Website to determine the availability of, register for and to participate in and support Play Hockey activities, events and undertakings. Use of the Website for any other purpose, including any commercial use or other purpose, is expressly prohibited.

In addition to the foregoing, you also agree that, in accessing or using the Website, you will not commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms of Use:

• access or use the Website in any manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of the Website, that otherwise interferes with the normal functioning of the Website or otherwise abuses or overuses the Website;
• circumvent, or attempt to circumvent, any measures or precautions taken by Play Hockey to prevent the use or access of the Website, or any other action, in violation of these Terms of Use;
• access the Website to make any fraudulent or false registration for Play Hockey events, activities and undertakings. Play Hockey reserves the right to cancel any and all such false registrations without notice and without liability; or
• engage in any other conduct or activity that either conflicts with these Terms of Use or that Play Hockey deems, in its sole, absolute and unrestricted discretion, to be in conflict with these Terms of Use.

Disclaimer of Warranties

WE PROVIDE THE WEBSITE, ITS CONTENT AND OUR SERVICES TO YOU “AS IS” AND “AS AVAILABLE”.  WE TRY TO KEEP THE WEBSITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

Limitation of Liability

IN NO EVENT SHALL PLAY HOCKEY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, THE DELAY OR THE INABILITY TO USE, THE WEBSITE OR ANY PLAY HOCKEY CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON DELIVERY OF NOTIFICATIONS, EMAIL OR TEXT MESSAGES, COMPUTER VIRUS AND OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, EVEN IF PLAY HOCKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PARTICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

As a condition of you accessing or using the Website, you agree to defend, indemnify and hold harmless Play Hockey, its affiliates and their respective directors, officers, employees, agents, contractors or representatives from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including legal fees) arising out of, or resulting from or otherwise connected with: (a) your use of the Play Hockey Website or our services, (b) your/your child's participation in or attendance at Play Hockey events, activities and undertakings, (c) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, or (d) a breach of these Terms of Use.

Links to Other Websites and Services

The Website may include links to other internet websites maintained by third parties ("Linked Sites"). Play Hockey provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply approval or endorsement by of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Play Hockey Website. Linked Sites are not under the control of Play Hockey and Play Hockey is not responsible for the contents of any Linked Sites. Any transaction between you and the Linked Sites are directly with the Linked Sites and Play Hockey shall not be held responsible for any resulting loss or damage.

Privacy Policy and Additional Policies We May Establish

Play Hockey is committed to your right to privacy and we have established the Play Hockey Privacy Policy to set out the manner in which we collect, use, disclose or administer personal information.  

Play Hockey may establish additional policies concerning its business and practices from time to time and which shall be binding on the parties.  We shall provide notice to you of additional policies that are binding on you by posting a notice on our website.  It is your obligation to review our website periodically to ensure you are aware of our policies and your obligations.

Entire Agreement

Subject to any other applicable agreement you may have entered into with us, these Terms of Use, our Privacy Policy and any other notices or statements posted on the Website constitute the entire agreement between you and Play Hockey with respect to the use of the Website.

Waiver

Any failure, delay or omission by Play Hockey to enforce or exercise any of its rights under the Terms of Use does not constitute a waiver of same.

Severability and Assignment

If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Your obligations under these Terms of Use may not be assigned.

Governing Law

Services offered by Play Hockey in Canada are provided by Play Hockey Canada, and the governing law for those Services and these Terms of Use as it applies thereto are the laws of the Province of Manitoba and the laws of Canada applicable therein.    

Services offered by Play Hockey in the United States are provided by Play Hockey USA Inc., and the governing law for those Services and these Terms of Use as it applies thereto are the laws of the State of Minnesota.

For Services provided in Canada or the United States, in the event of any dispute that cannot be resolved amicably, the parties irrevocably attorn to the exclusive jurisdiction of the Courts of Manitoba, Canada.

English Language

It is the express wish of the parties that these Terms of Use be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisation du site web soient rédigés en anglais.

Contact Us

Play Hockey: info@playhockey.com

For Play Hockey Canada: 971 Wall Street, Winnipeg, Manitoba, R3G 2V4     

For Play Hockey USA Inc: 3250 Gorham Avenue, St. Louis Park, Minnesota USA 55426

Effective as of October 12, 2023.