Terms & Conditions

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING AN CANSPORT LIVE SITE.

Introduction

These terms and conditions ("Terms and Conditions") apply to CanSport LIVE and all of its divisions, subsidiaries, and affiliates (collectively "CanSport") operated Internet sites which reference these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your access or use of Gretzky.com indicates your understanding of and agreement to be bound by these Terms and Conditions of use. If you do not agree to these Terms and Conditions of use, please do not use this web site.
Please note that CanSport reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions of use. Changes will be effective when posted on Gretzky.com with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of Gretzky.com following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Privacy

For information on how user information is collected, used and disclosed by us in connection with your use of Gretzky.com and any of the services provided by Gretzky.com, please consult our Privacy Policy.

Registration, Accounts and Passwords

Certain of the services and related features that may be made available on Gretzky.com may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on Gretzky.com and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. CanSport shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

Trademarks and Copyrights

All of the names, titles, logos, and designs on Gretzky.com identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of WDG Enterprises, Inc.. All other names, titles, logos and designs appearing on Gretzky.com are the property of their respective owners. Any use of any trademarks appearing on Gretzky.com without the express written consent of the owner of the trademark is strictly prohibited.
Gretzky.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Content") and the entire contents of Gretzky.com also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. Gretzky.com and/or its affiliates own the copyright in the Content original to Gretzky.com and in its selection, coordination, arrangement and enhancement of the Content.

User Conduct

In consideration of the availability and your use of Gretzky.com, you agree to comply with all applicable laws and these Terms and Conditions when using such site. You acknowledge that CanSport may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to:

  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Gretzky.com in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying Gretzky.com or the Internet;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
  • post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

Responsibility for Minors

In cases where you have authorized a minor to use Gretzky.com you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minorís access to and use of such site or service; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of Gretzky.com may contain material that is inappropriate for minors.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) GRETZKY.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT CanSport MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) CanSport SPECIFICALLY MAKES NO WARRANTIES THAT AN CanSport SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF AN CanSport SITE WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICE(S) OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Professional Information Disclaimer

Gretzky.com may make available certain information provided by third parties related to various professional fields (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of Gretzky.com does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and, therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that CanSport, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any Professional Information.

Monitoring

You acknowledge that CanSport has no obligation to monitor Gretzky.com or any content accessible through Gretzky.com. However, you agree that CanSport has the right to monitor Gretzky.com electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Gretzky.com or to protect itself or its users and customers in accordance with the Gretzky.com Privacy Policy.

Downloads and Shareware

Gretzky.com may allow you to download software applications or other forms of Content, including without limitation files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by CanSport or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by CanSport or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that CanSport or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that CanSport, including without limitation its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Software, including without limitation the failure of the Software to meet your needs, standards, expectations or specifications.

Content Linked To GRETZKY.COM

Please exercise discretion while browsing the internet. Gretzky.com may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under CanSportís control, and CanSport is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Unless otherwise expressly provided, CanSport makes no representation or warranty regarding, and does not endorse, any Linked Site or the information, products or services appearing thereon. Accordingly, you agree that CanSport will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from Gretzky.com.

Dealing With Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on or through Gretzky.com, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. CanSport assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that CanSport shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

Indemnification

You agree to defend, indemnify and hold harmless each of CanSport, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on Gretzky.com, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use Gretzky.com or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from Gretzky.com. You shall use your best efforts to cooperate with us in the defense of any claim. CanSport reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CanSport, INCLUDING WITHOUT LIMITATION ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER CanSport HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF AN CanSport SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO GRETZKY.COM OR ANY OF THE SERVICES.
You expressly acknowledge that CanSport has entered into this agreement, and has or may make Gretzky.com and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and CanSport. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

Governing Law / Jurisdictional Issues

These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Arbitration and Actions

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, CanSport reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Termination

You acknowledge and agree that CanSport, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of or access to Gretzky.com, and remove and discard any information or content related to Gretzky.com for any reason, including where CanSport believes that you have violated any of these Terms and Conditions. You further agree that CanSport shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with Gretzky.com or with any terms, conditions, rules, policies, guidelines, or practices of CanSport in operating Gretzky.com, your sole and exclusive remedy is to discontinue using Gretzky.com or service.

Submission Of Ideas and/or Suggestions

CanSport is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, CanSport would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO GRETZKY.COM (including but not limited to programming development ideas) BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO GRETZKY.COM, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO CanSport THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT CanSport IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CanSport, WITHOUT OBTAINING PERMISSION OR LICENSE FROM YOU OR ANY THIRD PARTY.

General Provisions

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between CanSport and you pertaining to your use of Gretzky.com and supersedes any prior agreements between you and CanSport with respect to the subject matter hereof. CanSportís failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demand?ue cette convention ainsi que tous les documents que s'y rattachent soient r?g?en anglais.