TERMS AND CONDITIONS OF USE
Last Updated: May 17, 2023
The Source for Hockey website (the “Website”) (www.SourceforHockey.com) is owned and operated by Sports Distributors of Canada Limited for your personal and non-commercial use and information. Sports Distributors of Canada Limited owns the trade name 'Source for Hockey' and ‘Source for Sports’ and licenses the right to use such name to independently owned and operated sporting goods stores across the United States and Canada (the “Members”), who collectively form a national buying group of sporting goods. Hereinafter, Sports Distributors of Canada Limited, Source for Hockey and/or the Members (where applicable, but for further certainty, Members have no direct ownership interest in the Website or any trade-marks or trade-names of the Company) shall be individually and/or collectively, as the case may be, known as the “Company”.
Please read carefully the following terms and conditions of use (the “Terms”) of the Website. Your access to and use of the Website is subject to these Terms, which constitute an agreement (the “Agreement”) between the Company and you. If you do not agree with one or more of these Terms, we ask you not to access or use the Website. By accessing and using the Website, you affirm that you are able and legally competent to agree to and comply with these Terms. You are deemed to have accepted the Terms, without limitation or qualification, if you access or use the Website or our Products and Online Services.
The Company reserves the right to change, modify, alter, add, remove or otherwise update the Terms (or any portion thereof) applicable to the Website without prior written notice at any time, and from time to time, at the Company’s sole discretion. Following any such modification, your continued access to and use of the Website will constitute your acceptance of the new terms and other policies, as modified, and you will be bound by said new terms and policies.
The Company has or will have products and services available through the Website (the “Product” or the “Products”). The contents of this website are provided strictly for your convenience. You are responsible to ensure that your access to the Website and the information and material available on or through it are legal in each jurisdiction in or through which you access or view the Website and such information and material. Although the Company tries to ensure that information is accurate when it is placed on the Website, the Company does not guarantee or represent that the information is accurate, complete, current or suitable for any particular purpose. The information contained in the Website is also not intended as legal, financial or insurance advice. Accordingly, you use or rely on such information at your own risk.
The terms “we”, “us”, and “our” used in these Terms also refers to the Company.
The Company urges you to read these terms carefully, as they include provisions such as limitation of liability, dispute resolution, and other provisions that may limit your rights.
Overview
Source for Hockey, its respective affiliated independently owned and operated stores, and Sports Distributors of Canada Limited. (collectively, "Source for Hockey" or "we" or "us" or the “Company”) are pleased to offer you this online store through "SourceforSports.ca", "SourceforSports.com", and "LaSourceduSport.ca", owned and operated by Sports Distributors of Canada Limited . The content, features, and software available on them (collectively, the "Online Services") to you (the “User” or the “Customer”), is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/or purchasing Products from us, you engage in our Online Services and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any of our Products or Online Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
In the event of improper use of the Website, the Company reserves the right to cancel your account(s) and to restrict your access to any part or all of the Website at any time, without prior warning, and at Company’s sole discretion.
Acceptable Use Policy
As a condition of your access to and use of the Website, you hereby represent and warrant to the Company that you:
- Will only access and use the Website for lawful purposes in accordance with these Terms and our online Privacy Policy;
- Agree to honour our intellectual property rights;
- Agree to provide us with accurate information as necessary for the proper conduct of our Website and to take responsibility for the information you provide;
- Acknowledge that we may be unable to process and shall have no responsibility to process requests, the accuracy of which we cannot validate;
- Agree not to create a link (other than personal “bookmark” or “favorites” entry) to the Website without first obtaining our written permission;
- Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any email or form entry created through the Website; and
- Will not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these Terms.
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your province, territory or state of residence, or that you are the age of majority in your province, territory or state of residence and you have given us your consent to allow any of your minor dependents to use this Website.
You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Online Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Website or any other computer software or hardware or telecommunications equipment.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Products and Online Services.
General Conditions
We reserve the right, without prior notification, to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Online Service, use of the Online Service, or access to the Online Service or any contact on the Website through which the Online Service is provided, without express written permission by us.
Accuracy, Completeness and Timeliness Of Information
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Your Privacy
Our privacy practices respecting the information we collect during your visit to the Website are explained in our Privacy Policy, the terms of which are hereby incorporated herein by reference. Your continued access and use of the Website implies that you acknowledge that you have read our Privacy Policy and agree to its terms, and that you consent to our collection and use of your personal information and the content which you provide us through the Website and any social networking pages such as, but not limited to, Facebook, Instagram, Twitter and YouTube in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
No Use by Minors
The Website is intended for use by adults only. Use of this Website is void where prohibited by applicable law. If you use the Website to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Website and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Website on your behalf, and you should not use the Website on your own or provide any personal information to the Company. The Company does not knowingly collect information from children under the age of 13.
Product Information and Availability
The Products offered on the Online Services and the features, contents, specifications, availability, and prices of the Products are subject to change at any time without notice. In addition, pricing for Products offered on the Online Services may differ from prices available in Source for Hockey stores. By placing an order, you represent that the Products ordered will be used only in a lawful manner. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product, to reject any order, and/or to cancel any order at any time. We may require verification of information prior to the acceptance and/or shipment of any order.
The Company attempts to be as accurate as possible in describing all Products available for sale and/or distribution by the Company. However, the Company does not warrant that Product descriptions or other content of the Website are accurate, complete, reliable, current or error-free. Please note that because the colours of the Products you see will depend on your monitor, the Company cannot guarantee that your monitor will display the exact actual colour of a Product displayed.
The availability of certain Products may be limited, and Products may not be available for immediate sale. The Company may revise or cease to make available any Products at any time without prior notice. In the event that the Company is unable to deliver to you a Product ordered due to lack of availability, the Company will notify you via email and your order will be automatically cancelled with respect to such unavailable Product, provided that the Company may, in its sole discretion, contact you in order to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.
We reserve the right at any time to modify or discontinue the Online Service (or any part or content thereof) without notice at any time.
Shipping, delivery and store pickup are subject to the limitations and restrictions of the Online Services described in the Help & FAQ section, and the payment of any applicable charges, when an order is placed using the Online Services. The Online Services are restricted to Buy Online, Ship to Home and Buy Online, Pick Up in Store.
- Buy Online, Ship to Home:
If shipping is available, you may have the Product(s) shipped by carrier to an address within Canada designated by you, if that shipping address is compliant with our applicable shipping restrictions. If an order is deemed "Undeliverable" by one of our shipping partners, it will be taken to the regional pick up facility and will remain there until you pick up the parcel. If you receive a product damaged or lost in transit, you are responsible for filing any claims with carriers for damaged and/or lost shipments. Read more about our Shipping & Delivery policy in the Help & FAQ section.
- Buy Online, Pick Up in Store:
If store pick up is available, you may pick up the Product(s) at a participating local Source for Hockey store, as indicated in the Online Services. Risk of loss for and title to such Products will pass to you when you pick up the Products from the designated participating Source for Hockey store. For more information on store pick up, please refer to our Shipping & Delivery policy in the Help & FAQ section.
Product Purchases & User Account
If you register on the Website for the purchase of Products, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account, and you agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, including the Online Services, terminate accounts or cancel orders in its sole discretion.
All login names and passwords remain the property of the Company, and may be cancelled or suspended at any time by the Company without any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Product Orders
Before submitting an order for the purchase of Products using the Website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the “Submit Order” button or “Place Order” button), such order will constitute an offer from you to the Company to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms and conditions set out in the Order Confirmation. Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by return email from the Company indicating that your order has been accepted.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Returns
All Product returns are subject to the Company’s Returns & Exchanges Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
For more detail, please review our Returns Policy.
Product Pricing
All prices and Product orders are quoted and shall be processed in Canadian dollars. Although the Company strives to provide accurate Product and pricing information, errors may occur. The Company reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice. The Company cannot confirm the price of a Product until after you submit an order for the Product. In the event that the price or related information for a Product (as described on the Website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, the Company may, at its sole discretion, refuse or cancel your order, whether before or after the Company’s acceptance thereof. If there is such an error in pricing, the Company will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
Consent to Use Electronic Documents
You hereby consent to the exchange of information and documents between you and the Company over the Internet or by email, and you agree that these Terms, together with any applicable Order Confirmation(s) accepted by the Company in electronic form shall be the equivalent of an original written paper agreement between us. You further agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing.
Order Cancellation
The Company reserves the right, in its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed or accepted and your credit card charged. In the event that your order is cancelled after your payment has been processed, the Company will issue a full refund.
Payment Terms
Terms of payment for any Products purchased through the Website shall be determined at the Company’s sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by the Company. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
Shipping & Taxes
The Company will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by the Company are estimates only. The Company shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all Product prices quoted do not include shipping and handling charges and applicable federal and provincial sales taxes. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers shall be responsible for all sales, use, goods and services, harmonized sales, and other taxes and duties associated with the order.
Ownership; Risk of Loss
All Product(s) purchased from the Company are delivered to you by a third-party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by the Company of the Product(s) to the third-party delivery company.
Exclusion & Disclaimer Of Warranties
The company makes no representation or warranty regarding the functionality, the good working order or condition of the Website, its suitability for use, or that its use, or any information or material, including any downloadable software, accessed from or through the Website will be uninterrupted or error-free. The company does not represent, warrant or undertake that any errors on or relating to the Website will be corrected, or that any server from which the Website is operated is or will be free from viruses or other harmful components.
Except as expressly provided for in these Terms, the Website and all materials, products and information provided through or on this Website are provided to you on an “as is”, “as available”, “with all faults” basis and the company does not make or give any representation, warranty or condition of any kind, whether express or implied, written or oral, statutory or otherwise, including without limitation (I) warranties as to uninterrupted or error-free transactions, privacy, or security, (ii) accuracy, adequacy or completeness of the Website and the content thereof, the information, materials and functions made accessible by the software used on or accessed through the Website, any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the Website or any linked site; or (iii) merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purposes, or those arising out of a course of dealing or usage of trade. These exclusions are in addition to any specific exclusion otherwise provided in these Terms.
However, because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
This section shall survive the termination or expiry of this Agreement.
Indemnification
By using the Website you hereby agree to indemnify, defend and hold harmless the Company from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable legal fees) incurred by the company in connection with any claim arising out of, based upon or resulting from your use of the Website. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without the written consent of the Company.
For the purposes of this section, “Company” shall include the company’s respective directors, officers, owners, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers.
This section shall survive the termination or expiry of this Agreement.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will the Company be liable for any damages or losses of any kind, whether direct, indirect, incidental, special, exemplary, punitive or consequential, howsoever caused, including but not limited to, any lost data, lost profits, lost savings, loss of goodwill, lost business, loss of use or lack of availability of facilities including computer resources, routers and stored data, arising out of or in connection with the use of the Website, including without limitation the materials or information provided through the Website, the products, or the transactions conducted on or from the Website, even if the Company or any of its lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim.
In particular, and without limiting the preceding paragraph, in no event will the Company be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, the company’s contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of the Company.
If, despite the limitations above, the Company is found liable for any damage or loss in connection with the Website, in no case will the Company’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence or otherwise) be for more than, the amount paid by you, if any, in connection with your use of the Website and to which the claim relates.
If you are dissatisfied with these Terms or the Website, your sole and exclusive remedy is to discontinue using and accessing the Website.
Certain federal or provincial laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
For the purposes of this section, “Company” shall include the company’s respective directors, officers, employees, agents, mandataries, contractors and third-party suppliers.
This section shall survive the termination or expiry of this Agreement.
Copyrights & Trademarks
Material on the Website, including but not limited to texts, images, illustrations, articles, photographs, software, audio clips and video clips, is owned or otherwise provided by the Company, and the Company does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on the Website is protected in Canada and in other jurisdictions by the Copyright Act and by virtue of the applicable international conventions and treaties. The Company is the owner of the copyright in the entire Website and, consequently, the material on the Website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of the Company. Trademarks, logos and service marks (collectively, the “Marks”) displayed on the Website are registered or unregistered Marks of the Company or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in the Website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act.
Notwithstanding the foregoing, the Company authorizes you to make an electronic or paper copy of the information posted on any page of the Website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on any such page of the Website. This license does not include any resale of the Website or its contents; any collection of product listings, descriptions or prices; any other derivative use of the Website or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any page on the Website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of the Company without express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use of the Website and/or its contents terminates the permission or license granted by the Company.
Except as otherwise may be expressly provided herein, nothing contained in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Company or any other person or entity.
Your Material - User Comments, Feedback and Other Submissions
The Company is not responsible for any text, image, video, audio, or any information, content or other materials you may introduce into or post through the Website or any other Company websites including any Company pages on social networking websites and webpages such as, but not limited to, Facebook, Twitter or YouTube (collectively, your “Material”). You acknowledge and agree that your Material does not necessarily reflect the views, ideas or opinions of the Company or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and that we disclaim any and all responsibility for any of your Material. You agree never to knowingly or otherwise introduce or post Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, or that violates any other party’s proprietary rights, promotes hatred, otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or that is otherwise unlawful or in contravention of applicable laws and regulations. You hereby agree to defend and hold the Company harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. The Company reserves the right to edit, alter or delete any Material at any time without prior notice. All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
Confidentiality Of The Material Transmitted
Other than your account information and your information needed to process orders, the Company does not wish to receive Material from you that is confidential, secret or proprietary information.
You acknowledge and agree that any Material which you provide including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of the Website or the Products, is not, except as may be required under applicable law or pursuant to the Company’s Privacy Policy, confidential, secret or proprietary.
You hereby acknowledge and agree that any or all information and Material provided by you to the Website may be included in a database owned by the Company in which we have rights and interests, including but not limited to, the compilation copyright, and we reserve the right to use any information or Material you provide to us or that we obtain through your use of the Website to the fullest extent permitted by law. You, therefore, consent to the Company using any such information or Material provided, in whole or in part by any means or in any manner whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of the Company or the disclosure of your identity, in accordance with these Terms and the Company’s Privacy Policy.
For greater certainty, and without limitation to the generality of the foregoing, by posting messages, uploading files, inputting data or engaging in any other form of communication to or within the Website, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the content of your communications and any ideas or original materials contained therein, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in and to any such communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You hereby waive all rights you may have to inspect and/or approve of any use by the Company of any material or ideas submitted by you or the right to receive any compensation for such use. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with any of the foregoing. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any way whatsoever.
Furthermore, you acknowledge that unprotected email communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration or loss. You acknowledge and agree that by submitting any such communications to the Company or the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms. The Company shall not be responsible for the payment of any monies to any other party in connection with the Company’s use of any information or Material provided by you to the Company or the Website. You also represent and warrant that any and all such information or Material which you provide to the Company, whether provided by you electronically by accessing or using the Website or otherwise, and the Company’s use of this information and Material so provided as permitted in these Terms, does not infringe the rights of any other person or entity.
Use Of Your Material By Us
You consent to the Company using any of your Material, in whole or in part, by any means or in any manner whatsoever, including reproducing, retransmitting or publishing your Material for the commercial purposes of the Company, in accordance with the Company’s Privacy Policy.
Surveillance
The Company may monitor the access to the Website (and any other of its websites) and other activities in relation to the Website (and any other of its websites) and may intervene in this regard. However, the Company makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if the Company ever decides to do it.
Links to Other Websites
Links and references to other websites are provided to you as a convenience only. The Company has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to the Website, except if expressly permitted by the Company. To obtain such permission, please contact us here.
Modification Of Website; Reservation Of Rights
Company may, for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue the Website or any aspect of it, including but not limited to any Website content, features or hours of availability and Company will not be liable to you or any third party for doing so. The Company may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or liability. All rights not expressly granted in these Terms are reserved to the Company.
Governing Law
The Website is controlled and operated by the Company from Burlington, Ontario (Canada) and these Terms, the Website, any use of the Website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution
You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms and the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the City of Burlington, Province of Ontario, and you hereby irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of these courts.
Severability
If any one of these Terms shall be deemed invalid, void, or for any reason unenforceable, such Terms shall be deemed severable and shall not affect the validity and enforceability of any remaining Term.
Jurisdiction
The Company makes no representation that materials, information or Products provided on or through the Website are appropriate or available for use in other locations or jurisdictions than Canada. Those who choose to access the Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Cookies
The Company may use “cookies” to track your preferences and activities on the Website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences, making your subsequent visits to the Website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website. The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the Website’s functions will not be available, and the user will lose some of the benefits of the Website. Learn more about Cookies and our data tracking in our Privacy Policy.
No Waiver
The failure of the Company to enforce any provisions of these Terms or to respond to a breach or default by you or any third party of these Terms shall not in any way waive the right of the Company to subsequently enforce any of the Terms contained herein or to act with respect to similar breaches or defaults.
Export Laws
Products sold or delivered under these Terms shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You hereby agree to indemnify, defend and hold the Company harmless against all claims, damages or liability resulting from breach of the foregoing.
Entire Agreement
These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and the Company with respect to the use of the Website and any transaction conducted on or from the Website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified, except in writing or by the Company making such amendments or modifications available to it pursuant to the Terms hereof.
No Assignment
You may not assign your rights or obligations herein without the express written consent of the Company.
Termination
The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Website, with or without notice.
Headings
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the Terms herein.
Language
These Terms and any supporting or ancillary documents are drafted solely in English. A French version of these Terms is available here.
Inurement
These Terms shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
Have Questions About Our Terms? Contact Us
For more information about our Terms, and if you have questions, or if you would like to make a complaint, please contact us by email at support@sourceforsports.com, phone 1-888-277-3555, or by mail using the details provided below:
Source for Sports Head Office
1187 King Road,
Burlington, ON L7T 0B7
Canada
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