TERMS OF USE | Shark City Hockey

TERMS OF USE AND CONDITIONS

Welcome to the official website of Shark City Hockey. These Terms of Use and Conditions (“Terms”) govern your use of Shark City Hockey’s (“our”) website (“Site”). Please read the terms in full before using our Site. By accepting these Terms, or by using our Site, you agree to be legally bound by these Terms, our Privacy Policy, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.

You will be able to access our Site without having to register any details with us, but if you elect not to accept a tracking cookie, you may not have the optimal website experience.

We take all reasonable steps so that our Site is available 24 hours every day,

365 days per year. However, websites do sometimes encounter downtime due to server

and other technical issues. Therefore, we will not be liable if this Site is unavailable

at any time.

Our Site may be temporarily unavailable due to issues such as system failure,

maintenance or repair, or for reasons beyond our control. Where possible, we will

try to give our users advance warning of maintenance issues, but shall not be obliged

to do so.

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos,

button icons, descriptions and all other material provided and the collection and

compilation and assembly thereof are the exclusive property of Shark City Hockey and

are protected by U.S. and international copyright laws.

The contents of our Site may be used for information, entertainment and retail

purchase purposes only. Any other use of such contents, including the reproduction,

modification, distribution, transmission, republication, display or performance

of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site are the property

of their respective owners. To the extent any product name or logo does not

appear with a trademark notice (™ or ®) or copyright notice (© or

(P)) does not constitute a waiver of any and all intellectual property rights that

Shark City Hockey or any of its affiliated businesses or individuals has established

in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative

works, or distribute by any means, method, or process whatsoever, now known or

hereafter developed, any content of this Site for commercial profit or gain.

Nothing in these Terms or on the Site shall be construed as conferring any intellectual

property or other proprietary rights to you. You agree to observe copyright

and other applicable laws and may not use the content in any manner that infringes

or violates the rights of any person or entity. We hold all rights to the

content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents

or services, for any purpose that is unlawful in any applicable jurisdiction where

our Site is being used, or prohibited by these terms, conditions, and notices,

and you agree to abide by the terms and conditions set forth in the “User

Conduct” section. You may not use the Site contents or services in any manner

that could damage, disable, overburden, or impair any of our equipment or interfere

with any other party’s use and enjoyment of the Site, or any contents or

services. You may not attempt to gain access to any portion of the Site,

or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the Site content

and services, we make no warranties either express or implied, and assume no liability

or responsibility for the completeness, use, accuracy, reliability, correctness,

timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the

content of the Site, or links to other websites, including but not limited to accurateness,

completeness, correctness, timeliness or reliability. We make no representation

or warranty regarding the merchantability or fitness for a particular purpose or

use with respect to any content or services whatsoever that may be accessed through

this Site, or the results to be obtained from using the Site. We make no

representation or warranty that the Site or content is free from defects or viruses.

Your use of external links and third-party websites is at your own risk and subject

to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the Site does not contain

viruses and/or harmful materials, you should take reasonable and appropriate precautions

to scan for viruses or otherwise protect your computer or device, and you should

have a complete and current backup of the applicable items on your computer or

device. We disclaim any liability for the need for services or replacing

equipment or data resulting from your use of the Site. While every effort

is made for smooth and continuous operation, we do not warrant the Site will operate

error free.

By submitting a telephone number to Shark City Hockey or any affiliated business,

you agree that a representative of Shark City Hockey or its affiliated business can

contact you at the number you provide, potentially using automated technology (including

texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation

to receive any of our services.

When using our Site, you shall not post or send to or from either the Site:

content for which you have not obtained all necessary consents;
content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring

us to disclose the identity or other details or any person posting materials to

our Site in breach of the this Section

You shall not use our Site while such use could distract you from a task and diminish

your safety or the safety of others, such as when operating a motor vehicle.

You should access our Site only with due regard for your own safety and the safety

of others.

Any links furnished on our Site may allow you to leave our Site. These third

party websites are not under our control and we disclaim any responsibility for

the contents of such linked websites or any link(s) contained in any such linked

website(s) or any changes or updates to any of these websites. We further

disclaim any responsibility for any form of transmission received from any linked

third party website or advertising. We provide these links to you as a convenience

to you and inclusion of any link herein shall in no way be construed as an endorsement

by us of the website(s).

If you would like to link to our Site, you may only do so on the basis that you

link to, but do not replicate, any page of our Site, and subject to the following

conditions:

you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

you do not misrepresent your relationship with us or present any false information about us;
you do not link from a website that is not owned by you; and
your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify

us for any loss or damage suffered as a result of your actions.

All information on our Site is of a general nature and is furnished for your knowledge
and understanding and as an information, entertainment and retail purchase resource
only. The documents and any related graphics published on this server could
include technical inaccuracies or typographical errors. Changes are periodically
added to the information contained on our Site. We may make improvements
and/or changes to any of the products depicted or described herein at any time.
We expressly disclaim any responsibility or liability for any adverse consequences
or damages resulting from your use of the Site or reliance on the information from
either.

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

SHARK CITY HOCKEY AND ITS AFFILIATED BUSINESSES AND INDIVIDUALS DO NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE OR SERVICE.

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. SHARK CITY HOCKEY AND ITS AFFILIATED BUSINESSES AND INDIVIDUALS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE,
THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

You agree to defend, indemnify, and Shark City Hockey, its affiliated businesses and
individuals and all of their officers, directors, employees, volunteers, agents,
licensors, and suppliers, harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation, reasonable legal and
accounting fees, resulting from or alleged to result from, your use of and access
to the Site or your violation of these Terms or your violation of any third party
right, including without limitation any trademark, copyright or other proprietary
or privacy right.

We make no representations that the content or the Site is appropriate or may
be used or downloaded outside the United States. Access to the Site and/or the
content may not be legal in certain countries outside the United States.
If you access the Site from outside the United States, you do so at your own risk
and are responsible for compliance with the laws of the jurisdiction from which
you access the Site.

Our Site is created and controlled by the State of California, United States of
America. The Site, and its contents, and any disputes arising therefrom shall
be construed and interpreted under the laws of the State of California and applicable
United States federal laws. Use of our Site constitutes agreement of the
user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations,
and may be subject to export or import regulations in other countries. You agree
to strictly comply with all such laws and regulations and acknowledge that you
have the responsibility to obtain authorization to export, re-export, or import
of any data on our Site, as may be required.

These Terms, together with the Privacy Policy, other terms or legal notices published
by us on the Site, and any other applicable agreements, shall constitute the entire
agreement between us concerning use of the Site. If any provision of these
Terms is deemed invalid by a court of competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of these
Terms, which shall remain in full force and effect. No waiver of any term
shall be deemed a further or continuing waiver of such term or any other term,
and our failure to assert any right or provision under these Terms shall not constitute
a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

TERMS OF USE AND CONDITIONS

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