1. Limited License
Subject to these Terms and subject to your strict compliance with these Terms, we hereby grant you a limited, non-exclusive, non-sublicensable and non-transferable license to access and use the Website as we may supply or make available to you from time to time. We reserve the right at any time and from time to time, to disable or terminate this license and any account, webpage, access, subscription, under name, password, or other identifier, whether chosen by you or us in our sole discretion or for no reason at all. Upon any termination by us, all rights, licenses, consents and authorizations granted to you hereunder will immediately terminate and you agree to cease all use of the Website immediately.
3. Intellectual Property Rights
You understand and agree that the Website and its contents, features and functionality, including but not limited to all information, software, code, text, displays, marks, trade marks, trade names, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by us or our licensors and are protected in all forms by applicable intellectual property laws including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. Further, you hereby unconditionally and irrevocably grant (and agree to further grant) to us an assignment, transfer and conveyance of all right, title and interest in and to all derivatives, modifications and customizations whatsoever of the Website (whether created by us or you, alone or jointly, with one another or others), including all intellectual property rights relating thereto and you waive all moral rights in the same in favour of us.
You may only use the Website for your personal and non-commercial use and you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any part of the Website, in any form or medium whatsoever except: (i) your computer and browser may temporarily store or cache copies of parts of the Website being accessed and viewed; (ii) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and (iii) you may advertise and encourage the use and access of the Website to prospective users and to members of your team.
If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option upon request, immediately return or destroy any copies of any part of the Website you have made. You have no right, title, or interest in or to any part of the Website and all rights not expressly granted are reserved by us and our licensors. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws. All rights reserved.
4. Fees and Cancellation Policy
In the course of conducting services through the Website, you may be required to pay certain fees for goods and services offered through our Website (the “Fees”), as are further described on the Website. You agree to remit all payment for Fees plus any applicable payment processing fee and taxes without setoff or deduction of any kind as and when due. Refunds, if any, and other terms and conditions regarding Fees are set forth in our Cancellation Policy available on our Website which is subject to change from time to time. You agree to be bound by our Cancellation Policy at all times in accordance with the terms and conditions contained therein.
5. Third party Websites
6. Linking to the Website
You may link to our homepage at relmsports.com or any webpage available through the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than as set forth above without our prior written permission. We reserve the right to withdraw linking permissions contained in these Terms without notice and for any reason in our sole discretion. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
We will make reasonable efforts to update the information on the Website, however, subject to applicable law, the Website is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You are responsible for obtaining your own access to the Website. We have the sole discretion to provide availability and to regulate the performance of the Website, including whether to make the Website available at all to any person. You are responsible for any security breaches or performance issues relating to your use of the Website.
Areas of the Website may require registration and input. It is a condition of your use of the Website and our delivery of any goods and/or services we agree to provide to you through your use or access to the Website, that all the information you provide to us, whether through the Website or otherwise, is correct, current and complete. You are responsible for all information submitted to us, which we will rely on as correct, current and complete unless you advise us otherwise in writing.
Neither we nor any of our directors, officers, employees, agents or service providers makes any representation, warranty or endorsement whatsoever with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of any part of the Website. Without limiting the foregoing, we do not represent or warrant that any part of the Website will be accurate, reliable, error-free, virus-free, or uninterrupted, that defects will be corrected, or that the Website or (any server or other components that makes the Website available) are or will be free of viruses or other harmful components.
YOUR USE OF ANY PART OF THE WEBSITE IS AT YOUR OWN RISK AND NEITHER WE NORE OUR DIRECTORS, OFFICERS, AGENTS OR SERVICE PROVIDES HAVE ANY RESPONSIBILITY OR LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF ANY PART OF THE WEBSITE OR ANY LINKS OR POINTERS TO THIRD PARTY WEBSITES ACCESSIBLE THROUGH THE WEBSITE.
8. Limitation of Liability
Under no circumstances shall we or any of our directors, officers, employees, agents or service providers be liable to you or any person claiming through you for any costs, expenses or damages of any kind whatsoever arising out of or in connection with goods and services we agree to provide to you through your use or access to the Website, your use (or inability to use) or reliance on the Website, any third-party websites accessible through the Website, or any Website content, posting or information therein, including, without limitation, whether or not any such costs, expenses or damages suffered or incurred by you or any person claiming through you arise from: (i) breach of contract, breach of privacy, tort (including negligence) or under any other legal or equitable theory, (ii) any direct, indirect, special, incidental, consequential, or punitive damages, and (iii) any costs, expenses or damages relating to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even where we were or any person acting on our behalf was allegedly advised or had reason to believe such costs, damages or expenses were reasonably foreseeable.
To the maximum extent permitted by applicable law, you agree to indemnify us and our directors, officers, employees, agents and service providers from and against any claims, suits, actions, causes of action, applications, hearings, liabilities, damages, judgments, awards, penalties, interest, losses, costs, expenses (including reasonable legal and professional fees and disbursements) arising out of or relating to your breach of these Terms or your use of or access to the Website or goods and services we agree to provide to you through your use or access to the Website.
The Website and the Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and without regard to your domicile, residence or physical location. Any action or proceeding arising out of or relating to the Website or any goods or services provided by us through your use of this Website shall be instituted in the courts of the province of Ontario, and each of you and we hereby irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding, except to the extent required to enforce an order in any other jurisdiction.
We are based in Ontario, Canada. We provide the Website for use only by persons located in Canada and the United States of America. The Website is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
We reserve the right in our sole discretion to revise and update these Terms from time to time without notice or permission from you. You agree that any and all such modifications are effective immediately upon making such modifications available on our Website and apply to your access to and use of the Website. You agree to periodically review the Terms in order to be aware of any such modifications and your continued use of the Website and any goods or services provided through us to you shall be deemed to be an acceptance of these Terms as amended from time to time.
12. Force Majeure
To the extent that (A) you or we are delayed in the performance of any of your or our respective obligations pursuant to these Terms (except for your obligation to make payment to us) OR we are delayed in the performance of our obligations to deliver any goods or services which we have agreed to provide to you through your use of the Website and (B) such delay is attributable to any act of God, flood, fire, earthquake, explosion, war, invasion, terrorist threats or acts, civil unrest or riot, government order or law, national or regional emergency, pandemic, famine, disease, strikes, labour stoppage, shortage of adequate power or other similar events beyond the reasonable control of that party (a “Force Majeure Event”), then such party shall not be deemed to be in default or in breach of their obligations and all obligations pursuant to these Terms (except for your obligation to make payments to us) shall be suspended for the duration of the Force Majeure Event. The party impacted by the Force Majeure Event shall nevertheless send written notice to the other party of the existence of a Force Majeure Event, shall use diligent efforts to end such party’s delay and shall ensure the effects of the Force Majeure Event are minimized. The party impacted by the Force Majeure Event shall resume the performance of its obligations as soon as reasonably practicable after the conclusion of the Force Majeure Event.
If you have any comments or complaints, please contact us at [email protected].