Effective: April 21, 2020
These Terms and Conditions (the “Terms and Conditions”) form a legally binding agreement between you (“you”, “your”, etc.) and the National Hockey League Coaches’ Association (“NHLCA”, “us”, “ours”, “we”, etc.) with respect to your registration, access and use NHL Coaches' Association Events ("NHLCA Events"), including the NHL Coaches' Association Global Coaches' Clinic (the "Clinic"), and additional events or service may added in the future, as described in these Terms (collectively “Services”). The Privacy Statement is incorporated by reference into, and accordingly is part of these Terms and Conditions, and collectively form our agreement (“Agreement”).
1. Additional Terms Apply; Third Party Platform
You acknowledge and agree that the Clinic may be provided by, and administered on, a third party service provider (“Third Party Platform”). In order to attend a Clinic, you may be directed to the Third Party Platform, and agree to its terms and conditions and privacy notice. NHL Coaches’ Association is in now way responsible for the terms and data practices of any independent third party, including any Third Party Platform. We encourage you to carefully review the terms and privacy notices of any website or online service you use.
You acknowledge and agree that we are not liable whatsoever for your use of the Third Party Platform, which is governed by their terms and conditions and privacy notice. This Agreement does not govern your use of the Third Party Platform.
We reserve the right to modify the terms of this Agreement at any time, effective upon posting of an updated version of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of our Services after any such changes means that you agree and consent to any and all such changes.
We reserve the right to limit access to certain Services, including Clinics, to eligible individuals, including to members of our association, to those over 18 years old, or to certain jurisdictions.
The NHLCA reserves the right to revoke any attendance and cancel any or all privileges connected therein either in connection with a failure to observe the foregoing or in its sole discretion.
4. Registration and Account
In order to use some of our Services, you may be required to register and / or create an account. You are solely responsible for your account, and the personal information that you provide when accessing and using the Services. To the extent that you provide information to us, where it is reasonable to expect that we may rely on this information, you represent that such data and personal information shall be accurate and complete.
You will not provide, post or transmit any data, personal information, content or material that:
(a)infringes, misappropriates or violates any intellectual property rights, publicity/privacy rights or other rights of any third party, or any law or regulation; or
(b)contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
We may take any remedial action, including injunctive relief, if your account, any actions or data your submit, violates this Agreement.
You agree not to share your account with any other individual.
You are solely responsible for ensuring the security and confidentiality of your password. You shall not share your password with anyone at any time. You will prevent unauthorized access to or use of Service and notify us promptly of any such unauthorized use.
Registrations are not transferable, cannot be resold or otherwise used in a promotion or offered as a prize without permission from the NHLCA.
You acknowledge your likeness may be captured during NHLCA Events. You authorize the NHLCA to use your image or likeness as it may appear in any live or recorded transmission or reproduction of NHLCA Events. As between you and the NHLCA, you hereby waive any claim of ownership to and acknowledge and agree that the NHLCA owns all rights (now existing and to be developed) associated with NHLCA Events, including without limitation all accounts, descriptions, recorded images (still or moving), sound recordings, and scoring-related data of, from and at NHLCA Events.
Although we take all possible steps to ensure the accuracy of the information or content include in our Services, no assurance is given that information or content is up-to-date, accurate, error-free or complete. We take no responsibility for errors or omissions in the information or content of this platform. We reserve the right to correct, change or update information at any time without prior notice.
8. Permitted Use
Subject to your compliance with the terms and conditions of this Agreement, you are granted a revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Services in accordance with this Agreement solely for personal reasons and not for resale or to provide services to third parties.
9. Prohibited Use
Your use of our Services and participation in our Clinics are restricted to the terms of this Agreement, and any additional policies, terms, guidelines or notices that we disclose.
Any other use of our Services, including any information, content and material we provide, including but not limited to, reproduction for commercial purposes, modification, transmission, display, distribution, performance, licensing, creation of derivative works or other exploitation, without prior written permission from NHLCA, is strictly prohibited. Such unauthorized use for any purpose other than as expressly set out in this Agreement is a violation of our legal rights, including our intellectual property rights and of our licensors and may subject you to civil liability or criminal prosecution under applicable laws.
In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use our Services for any purpose not expressly authorized by this Agreement and/or transmit, post, or distribute to the website or platform content that, without limitation:
(a)constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
(b)contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders, scrapers or offline readers;
(c)(collects information about others, including but not limited to, users’ e-mail, passwords or other account information;
(d)imposes an unreasonable load on the platform’s infrastructure;
(e)copies or distributes any part of NHLCA in any medium without our prior written authorization;
(f)impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
(g)use or access the NHLCA Events, Clinics or other Services any way for unsolicited promotions, political campaigning, advertising or solicitations;
(h)reverse engineers or decompiles the software comprising or included in the website, platform and Service;
(i)interferes with any other party's use of the Services;
(j)use or access the Services in any way that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(k)collects or harvests any personally identifiable information, including account names, from the website and Service, nor to use the communication systems provided by the website for any commercial solicitation purposes; and/or
(l)solicits, for commercial purposes, any users of this website.
Notwithstanding this section, NHLCA grants the operators of public search engines permission to use spiders to copy materials from this website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
You will, at all times, comply with all local, regional and federal laws of Canada, and any applicable international laws, when accessing the website and using our Services.
We make no representations that the Services are appropriate, legal or available for use in other jurisdictions. Any person who access or use the Services from other jurisdictions do so at their own volition and risk, and are responsible for compliance with all applicable law (local, domestic and foreign).
10. Intellectual Property
With the exception of your personal information, we exclusively owns and retain all right, title and interest in and to the Services, and any and all software, materials, formats, interfaces, information, data, content, trade secret, trademark, patent, algorithm, our confidential information, our proprietary information and technology and any other intellectual property used by, or provided to you in connection with the NHLCA.
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate the our property to anyone. Use, reproduction, copying, or redistribution of our property, in particular but without limitation, trademarks, service marks, and logos are strictly prohibited without our prior written consent, or the written consent of any third party trademarks, service marks, marks, and logs posted on our website or platform, as applicable.
11. No Representation or Warranty
The NHLCA makes no representation or warranty concerning the Services, including any NHLCA Events or Clinics. The Services and all other data or materials provided in connection with this Agreement by by the NHLCA and its suppliers are provided “as is, where is” and “as available” without representations or warranties of any kind.
No guarantees of any kind are provided. The Clinic is designed to provide what is reasonably believed to be of interest to and/or benefit registrants. Information, training and all programming during the Clinic is presented without warranty.
We make no other warranties, express or implied, by operation of law or otherwise, including, without limitation, any implied warranties of non-infringement, merchantability or fitness for a particular purpose or any implied warranties arising out of course of performance, course of dealing or usage of trade. We do not warrant that the Services will be error-free, accurate, timely, uninterrupted, completely secure, or virus-free.
12. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE LIMITATIONS OR EXCLUSIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS IN YOUR PROVINCE.
UNDER NO CIRCUMSTANCE SHALL THE NHLCA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST INCOME, PERSONAL INJURY OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE OUR SERVICES AND/OR SERVICES PROVIDED BY THIRD PARTY PLATFORM.
NHLCA, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES AND INDEPENDENT THIRD PARTIES CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES AND/OR THE SERVICES YOU RECEIVE FROM THIRD PARTY PLATFORMS, OR YOUR INABILITY TO USE THE SERVICES FROM US OR THOSE FROM THIRD PARTY PLATFORMS.
By your registration you acknowledge that participation in our Services, including any NHLCA Events and Clinics, that any risk shall be entirely at your own and you hereby release the NHLCA, the sponsors, the vendors, the staff and volunteers, the participating presenters, the NHL, the NHL Member Clubs and each of their respective owners, operators, employees and affiliates from any and all liabilities arising out of such losses or injuries.
14. Prices and Payment
In order to use some our paid Services, we may ask you for a method of payment, such as a credit card. The cardholder and the Account member must be one and the same person. By completing your purchase, you authorize NHLCA (or our partners) to bill your payment method on file in your Account at the advertised price plus any applicable taxes or fees.
Full payment is required prior to the start of the Clinic. Your registration for the Clinic includes access to view all live presentations as well as access to the recordings of the live presentations. The NHLCA is not responsible for ensuring you have appropriate technology to participate in the Clinic.
We will send you an electronic receipt of your purchase to the e-mail address associated with your Account and / or purchase, along with link to this Agreement.
15. Cancellation and Refunds
Unless disclosed at the time of purchase, our Services are non-refundable. After your registration is completed, no refunds will be permitted for any registrant wishing to cancel their attendance.
Prior to the start of a Clinic, substitutions may be considered on request for coaches who have registered but can no longer participate.
In order to access and use some of our Services, we may collect, use, disclose or otherwise process certain personal information. We only collect personal information that you directly submit to us. For example, when you register for an Event event, we ask for your name, email address, phone number, payment details and other information relevant to reserving your place in NHLCA Events. We use this information you provide to contact you to confirm and update your reservation, to process your payment and to provide the requested service.
If you submit your email address to us, we will send you email messages you have requested to receive, including to keep you updated about a purchase, or changes to a NHLCA Event, or to provide you details about a Clinic. Occasionally, we may send you messages regarding other NHLCA Events that may be of interest to you or other information you may receive if you are on our email list. Your privacy is important to us, so you may request to be removed from our email list at any time.
We do not disclose your information except: (i) with service providers, such as payment processes or marketing agencies who process information on our behalf and only use the information for the purpose for which you consented to (ii) with our affiliates, and authorized agencies and employees who require the information to provide the requested information and (iii) if required by law, to a government agency or authority.
We use appropriate safeguards to protect your personal information from loss or unauthorized access, use, modification.
Your information will be stored in Canada; however, some of our third party service providers may be located outside of Canada, including the United States, and your information may transferred to that jurisdiction.
If you have any questions about our data practices, or wish to exercise your data rights, contact: firstname.lastname@example.org.
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