WEBSITE TERMS OF USE

Welcome to http://www.hockeyiqacademy.com (the “Website”), a website operated by Hockey iQ Academy LLC (the “Academy”) to provide interactive online educational opportunities to teach mental hockey concepts to help students utilize fully their physical skills and develop their maximum potential for playing hockey (“Service”).

The following terms and conditions constitute a legal agreement between you and the Academy concerning your access to and/or use of the Website (“Terms of Use”). The Academy may revise the Terms of Use at any time without notice to you. The revised Terms of Use will be effective when posted at this location. Your continued access of the Website after such posting constitutes your consent to be bound by the Terms of Use, as amended.

BY ACCESSING, USING OR VISITING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS, USE OR VISIT THE WEBSITE.

  1. User Responsibilities. You are responsible for your use of the Website and for any information you provide to the Website. You are also responsible for any consequences resulting indirectly or directly from your use of the Website. In connection with your use of the Website, you acknowledge and agree that you shall not:
  2. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained through the Website;
    1. access the Website by any means other than through the standard industry-accepted or the provided interfaces;
    2. transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
    3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with such a person or entity;
    4. post or transmit any content that contains a virus or corrupted data, use the Website and/or Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Website;
    5. delete any author attributions, legal notices or proprietary designations or labels associated with any content that you upload to the Website;
    6. violate any applicable local, state, national or international law, including, but not limited to, uploading or transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; and
    7. manipulate or otherwise display the Website by using framing or similar navigational technology; or use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  
  1. Access to Service. You must become a registered user in order to fully access the Service. All users must obtain a unique login and password and agree to the terms of a Subscription Agreement (“Subscription Agreement”.) Prior to being granted the ability to fully access the Service, you must first agree to by clicking on the “I AGREE” (or similar prompt) to evidence your acceptance of the Subscription Agreement.
  1. Privacy. Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information and is incorporated herein by reference. You understand that through your use of the Website that you consent to the collection and use of this information, as set forth in the Privacy Policy. The Privacy Policy can be accessed on the Website.
  2. Registration Information. When you register to become a user, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.
  1. Password. As a registered user, you must choose a unique password. You may not use the password of any other person to use the Website and/or Service. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Website and/or Service. You are solely responsible for the activities of anyone accessing the Website and/or Service using your password, even if the activities were not authorized by you. You must notify the Academy at Admin@HockeyiQAcademy.com. immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided on the Website.
  1. Security. The Academy has no way of knowing and will not be responsible or liable for any access to the Website and/or Service that is achieved through improper means. In addition, individuals using our Website and/or Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure. The Academy does not warrant that the Website or Service are “hackerproof.”  You are solely responsible for maintaining the confidentiality of any user name and password you use to access the Website and/or Service and are fully responsible for all activities that occur under your password or account. You agree (i) to notify the Academy immediately of any unauthorized use of your password or any other breach of security and (ii) to ensure that you log out of your account at the end of each session. The Academy cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
  1. Links to Third Party Web Sites, Content, Products and/or Service. The Website and/or Service may provide links to other Internet sites or resources and/or access to content, products and/or Service of third parties, including users, advertisers, affiliates and sponsors of the Website (collectively, “Third-Party Sites”). Such Third-Party Sites are neither controlled nor endorsed by the Academy. The Academy is providing these links and access to Third-Party Sites only as a convenience, and the inclusion of any link or access does not imply an endorsement by the Academy of the Third-Party Sites. The Academy is not responsible in any manner for any Third-Party Sites provided on or through the Website and/or Service or for any changes or updates to such Third-Party Sites. YOU BEAR ALL RISK ASSOCIATED WITH YOUR ACCESS TO, AND USE OF, SUCH THIRD-PARTY SITES.
  1. Copyright Policy. The Academy respects the intellectual property rights of others and expect users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, you must provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the content; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  1. Monitoring. Notwithstanding the foregoing or anything herein to the contrary, the Academy reserves the right to review the Website and/or Service and to monitor all use of and activity on the Website and/or Service, and to remove, alter, edit or choose not to make available on or through the Website and/or Service any content, in whole or in part, in its sole discretion. The Academy may remove content that is confidential or proprietary to a third party without that third party’s permission; provided, however, that in no event shall the Academy be considered a “publisher” or a “speaker,” as defined in Section 230(c) of the Communications Decency Act, codified at 47 U.S.C. §230 et. seq., of any such Content.
  1. Intellectual Property. The Website and Service, including all of the software and code comprising or used to operate the Website and Service, are the property of the Academy or third parties who have licensed their rights to the Academy. No right, title or interest in the Website and Service is transferred to you under these Terms of Use. The Academy does not claim ownership of the copyrights in any other content. All trade names, trademarks and service marks displayed on the Website and Service are the registered or unregistered trademarks of the Academy, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks or other the Academy intellectual property displayed on the Website or in the Service without the prior express written permission of the Academy.  All rights, title and interest not expressly granted with respect to the Website and/or Service are reserved by the Academy. All such Content is provided on an “As Is” and “As Available” basis, and the Academy reserves the right to terminate the permissions granted to you by these Terms of Use and your use of the Website and/or Service at any time. The content posted on or through the Website by any person, regardless of that person’s affiliation or non-affiliation with the Academy, reflect only the opinions of the person posting the content and not the opinions or views of the Academy or their affiliates, agents, employees, managers, officers, owners or sponsors.
  1. EXPRESS DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.  THE ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE WEBSITE AND/OR SERVICE, ANY CONTENT ON THE WEBSITE AND/OR SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THE WEBSITE AND/OR SERVICE. THE WEBSITE AND SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ACADEMY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND/OR SERVICE. UNDER NO CIRCUMSTANCES, SHALL THE ACADEMY, OR ITS SPONSORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS OR SPONSORS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND/OR SERVICE, ITS CONTENT, OR ANY PRODUCTS OR OTHER SERVICE MADE AVAILABLE THROUGH THE  WEBSITE AND/OR SERVICE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE AND/OR SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE WEBSITE AND/OR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE ACADEMY OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE ACADEMY, ITS SPONSORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, OWNERS AND SPONSORS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
  1. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ACADEMY AND THEIR RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND/OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL), OF EVERY KIND AND NATURE, WHETHER NOW KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED (COLLECTIVELY REFERRED TO HEREIN AS “CLAIMS”) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS AND/OR USE OF OR RELIANCE ON THE WEBSITE AND/OR SERVICE OR ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR SERVICE; (B) YOUR VIOLATION OF THESE TERMS OF USE OR ANY ADDITIONAL RULES, GUIDELINES OR TERMS OF USE POSTED FOR A SPECIFIC AREA OF THE WEBSITE AND/OR SERVICE OR CONTENT PROVIDED ON OR THROUGH THE WEBSITE AND/OR SERVICE; OR (C) YOUR VIOLATION OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RIGHTS.
  1. GENERAL PROVISIONS
    1. Right to Modify or Discontinue Service. The Academy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Service (or any part thereof) with or without notice to you or anyone else. The Academy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Service. As the Internet is always evolving, the Academy also reserves the right at any time to update these Terms of Use from time to time and will post the updated Terms of Use on the Website and/or Service.  Your use of our Website and/or Service following an update of the Terms of Use shall be deemed your acceptance of such changes. You agree to review these Terms of Use regularly so that you understand our current Terms of Use. 
    2. Governing Law.  These Terms of Use and the relationship between you and the Academy shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Minnesota, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction.
    3. Arbitration. Except with respect to Intellectual Property rights or obligations of confidentiality, any dispute, claim or controversy arising out of or relating to the interpretation or performance of these Terms of Use shall be submitted for and settled by binding arbitration to a three-arbitrator panel.  Unless provided otherwise in these Terms of Use, the arbitration proceeding shall be heard in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  All matters within the scope of the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) will be governed by it and not by any state arbitration law. The arbitration proceedings shall be held in Minneapolis, Minnesota.  The arbitrators shall follow the terms of these Terms of Use, shall be bound to apply the applicable law, and shall not rule inconsistently with the applicable law. The award of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties further agree that, in connection with any such arbitration proceeding, each shall submit or file any claim which would constitute a compulsory counterclaim (as defined by the then-current compulsory counterclaim rule of the Federal Rules of Civil Procedure) within the same proceeding as the claim to which it relates.  Any such claim, which is not submitted or filed in such proceeding, shall be forever barred.  The arbitrators may not consider any settlement discussions or offers that might have been made by either party.  The parties agree that arbitration shall be conducted on an individual, not a class-wide or group, basis, that only the parties and their respective affiliates, owners, officers, directors, agents and employees may be the parties to any arbitration proceeding described in this Section 15(c), and that no such arbitration proceeding shall be consolidated with any other arbitration proceeding involving the Academy and/or any other person. The parties also agree that in the event of individual arbitrations involving the same or similar issues filed at or about the same time (whether or not originally filed improperly as a class action, group or consolidated arbitration and then separated into individual arbitrations), no arbitrator shall be an arbitrator in more than one of those individual arbitrations. The provisions of this Section 15(c) are intended to benefit and bind certain third parties and will continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.
    4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website and/or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    5. Entire Agreement. These Terms of Use, together with our Privacy Policy and the Subscription Agreement set forth the entire understanding and agreement between you and the Academy and supersede all prior understandings and agreements between you and the Academy with respect to the subject matter hereof.
    6. Severability. If any part provision of these Terms of Use is found to be illegal, invalid or unenforceable, such illegal, invalid or unenforceable part or provision may be modified to make the Terms of Use as modified legal and enforceable. The remainder of the Terms of Use shall not be affected by such illegal, invalid or unenforceable part or provision and the balance of these Terms of Use shall remain in full force and effect.
    7. Construction and Headings. As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings within these Terms of Use are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or these Terms of Use.
    8. Amendment and Waiver. Any amendment or modification to these Terms of Use, or waiver of the rights and obligations under these Terms of Use, must be a writing signed by the Academy or an authorized the Academy officer. The failure of the Academy to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Academy in writing.
    9. Reservation of Rights. The Academy reserves all rights not expressly granted to you.
    10. Compliance with the Law. You shall comply with all applicable law when you use the Website and/or Service.
    11. No Third Party Rights. Except as provided in Section 15(c) herein, these Terms of Use do not confer any third party beneficiary rights.
    12. Assignment. You may not assign these Terms of Use without the Academy’s prior written approval. The Academy may assign these Terms of Use without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Academy’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this Section 15(l) shall be void. No joint venture, partnership, employment, or agency relationship exists between you, the Academy or any third party service as a result of these Terms of Use or use of the Website and/or Service. These Terms of Use shall be binding upon and inure to the benefit of the parties’ successors and permitted assigns. Either party may employ subcontractors in performing its duties under these Terms of Use, provided, however, that such party shall not be relieved of any obligation under these Terms of Use.
    13. Force Majeure. The Academy shall not be liable for delays in performing or failure to perform any obligations herein, for any reason beyond The Academy’s control, including but not limited to, acts of God, fires, terrorism, strikes, civil tumult, labor disputes, war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction, or any other reason.
    14. These Terms of Use May Change. The Academy reserves the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of our Service. When we change the Terms of Use we will update the Effective Date at the top of this page. Your continued use of our Service after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.
    15. Contact Us. If you have any questions regarding these Terms of Use, please contact us as follows: by email: Admin@HockeyiQAcademy.comor via post: 9662 51st Street N, Lake Elmo, Minnesota 55042.
    16. Revision Date. These Terms of use were last revised on February 8, 2016.

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