These Terms and Conditions are an agreement (the “Agreement”) between you (“You”) and JENN BEAGAN doing business as ACCESS SPORT RECRUITING AND TRAINING (“Access Sport”). “We” and “Us” means both You and Access Sport. The effective date of this Agreement is when You accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.
You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail to Access Sport and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.
- Ownership And Copyright
You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of Access Sport.
- License To Use Your Information
With the exception of personal information and your client information, You hereby grant to Access Sport the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to create derivative works of, adapt, translate, modify, sub-license, or merge, any information or other content You provide on or through this Website or which is sent to Access Sport by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, or techniques, for any purpose whatsoever. Access Sport reserves the right to make use of such information to make improvements to its products and services.
- Personal Information
Subject to the provisions of the British Columbia Personal Information Protection Act, Access Sport may from time to time, but is not obligated to, monitor your use of the Website and collect, store, and use personal information about You for the purposes of: identifying you, protecting Us both against error and fraud, understanding your needs, recommending products and services to meet your needs, improving our services, providing on-going services, and complying with legal requirements. You hereby consent to such collection, storage, and use and waive any right of privacy You may have.
YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY COMPANY BY WRITTEN OR ELECTRONIC NOTICE TO ACCESS SPORT.
- Limitations on Liability and Disclaimers
ACCESS SPORT HAS TAKEN REASONABLE STEPS TO PROTECT INFORMATION SAVED ON ITS SERVERS, INFORMATION ABOUT SUCH STEPS BEING AVAILABLE ON REQUEST TO ACCESS SPORT. HOWEVER, IN NO CASE DOES ACCESS SPORT, OR ITS AGENTS OR EMPLOYEES, WARRANT OR ASSUME ANY LIABILITY WHATEVER FOR ANY LOSS STEMMING FROM LOSS OF SUCH INFORMATION DUE TO POWER LOSS, MECHANICAL OR ELECTRICAL FAILURE OF ACCESS SPORT’S SERVERS OR ELECTRONIC INFORMATION STORAGE AND PROCESSING DEVICES, INCLUDING BUT NOT LIMITED TO SUCH LOSS OF INFORMATION ARISING DUE TO POWER FAILURE, FIRE, NATURAL DISASTER, WAR, OR ACT OF GOD.
ALTHOUGH THIS WEBSITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED AS CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND ACCESS SPORT ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
Access Sport will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize Access Sport to make, or for any errors or any changes made to any transmitted, stored or received information. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.
THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED. THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
IN NO EVENT WILL ACCESS SPORT, OR ITS AGENTS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF ACCESS SPORT.
ACCESS SPORT ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. ACCESS SPORT IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.
- Termination
The disclaimers, limitations on liability, ownership, termination, interpretation, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
- Indemnity
You agree at all times to indemnify, defend and hold harmless Access Sport, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Access Sport directly or indirectly in respect of:
(a) any information or other content You provide on or through this Website or by e-mail or other correspondence; or
(b) Your use or misuse of the Content or this Website, including without limitation infringement claims.
- Governing Law
Access Sport is physically located within the Province of British Columbia, Canada. The Website is run from, and the Content is stored on, servers in British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be subject to the jurisdiction of the British Columbia courts.
- Interpretation
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
- Amendment
Access Sport reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Website. You are responsible for periodically reviewing the amendments on this Website and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using this Website. Access to this Website or use of this Website after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions.
- Severability
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable shall be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement.
- Enurement
This Agreement shall enure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
© Jenn Beagan doing business as Access Sport Recruiting and Training, 2010, British Columbia. Access Sport™ is the trade-mark(s) of Jenn Beagan doing business as Access Sport Recruiting and Training
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