Terms and Conditions
Thank-you for visiting Athletesworld.ca. Please read these terms and conditions before using Athletesworld.ca. Use of this site signifies compliance with all of the terms and conditions outlined below (the "Terms and Conditions"). "You" and "User(s)" refer to all users of this site who evidence their acceptance of these Terms and Conditions by their use of Athletesworld.ca (the "Web site" or "Athletesworld.ca "). "FGL", "we", and "our" as used herein refer to FGL Sports Ltd. or Sport Chek International 2000 Ltd., as the case may be. Sport Chek International 2000 Ltd. is a wholly-owned subsidiary of FGL Sports Ltd. We reserve the right to modify these Terms and Conditions at any time. Modifications will become effective immediately upon being posted on this Web site.
Trade-Marks and Copyrights
FGL owns and operates the Web site. All Athletes World and Athletesworld.ca names, trade-marks and logos are the property of FGL Sports Ltd. and used under license by FGL. All other trade-marks, names and logos on the Web site are the property of their respective owners and have been licensed for use on the Web site. All materials on this Web site which are owned by another entity have been made available for use on this Web site with the knowledge and consent of the respective intellectual property right owners. By accessing the information in the Web site, you agree to the terms herein with respect to laws that govern copyright and trade-marks.
All content on the Web site is the property of the FGL. This includes, but is not limited to: site design, graphics, images, articles, text and descriptions. No part of the Web site may be reproduced, published, copied, uploaded, transmitted or distributed without prior express written consent from FGL. Printing of pages for home use in ordering products is permitted, contingent upon all copyright and proprietary notices remaining intact. No User may use or manipulate any of FGL's or others' trade-marks found on this Web site.
Newsletter and promotional e-mails are provided free of charge to the consumer and are copyrighted by FGL. E-mails may be distributed freely, provided that the distribution is without charge and that the issue is distributed completely in its original form with all copyright notices intact. No part of a newsletter, promotional e-mail or e-mail notification may be reproduced, copied or published without prior express written consent from FGL.
Our Web site content, names and logos are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws.
Use Of Web Site
The Web site must be used solely for lawful purposes. The User shall not upload, or otherwise disseminate through the Web site any materials that are defamatory, inflammatory, libelous, discriminatory, obscene, indecent, profane, threatening, pornographic or otherwise violate a law or infringe on individual rights or freedoms.
The User agrees that all content, opinions, reviews, discussions and other information provided to the Web site become the property of FGL. This information can be used by FGL, edited, published, reproduced, modified, adapted, translated, distributed and sublicensed in any form, medium or technology.
We reserve the right to terminate relationships at our sole discretion.
Links
Athletesworld.ca contains links to other web sites for your convenience. We do not endorse these Web sites nor do we make any representations about any other web site accessed through this Web site. It is up to you to take precautions that whatever web site you access is free from viruses, worms, trojan horses or other items of a destructive nature. In no event shall FGL be liable to any party for any direct, indirect, special or other consequential damages on any other hyperlinked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even in the event that we are advised of the possibility of such damages. These web sites are separate entities and we have no control over these web sites and will not be liable for such web sites or their content.
Third parties may link to this Web site only on terms and conditions approved by us. We may, in our sole discretion, withdraw a third party's right to link at any time.
Governing Law And Entire Agreement
All disputes resulting from the use of the Web site (excluding linked sites) shall be resolved according to the laws of the Province of Alberta and federal laws applicable to Alberta. Use of this Web site indicates consent to the exclusive jurisdiction and venue of the courts of Alberta. If any provision shall be deemed unlawful, void or unenforceable, then that provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and unenforceability of the remaining provisions. The Terms and Conditions and any other rules, policies or guidelines posted on the Web site constitute the entire agreement between FGL and you.
Jurisdictional Issues
Without the express written consent of FGL or the owner of any trade-marks contained herein, Users may not frame or otherwise incorporate into a third party web site, any of the context provided herein. This Web site is controlled and operated by FGL in Canada with the approval of copyright and trade-mark owners. We make no representation that the materials in the Web site are appropriate or available for use in other jurisdictions.
Modification And Termination
We reserve the right to modify any aspect of this Web site at any time without prior notification. Use of the Web site is contingent on the Terms and Conditions in place at the time of use.
We may terminate this Agreement and the use of the Web site at any time.
If you are dissatisfied with the Web site or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Web site. In such event, you agree to destroy all materials obtained by you on the Web site. The Terms and Conditions shall survive any such termination.
LIABILITY
FGL makes no guarantee of any kind regarding the merchandise or equipment available or provided on the Web site.
FGL, its affiliates and related companies, and its directors, officers, employers, consultants and agents do not make any representations or warranties of any kind, express or implied, regarding the Web site and/or any materials provided on Web site, all of which are provided on an "as is" and "as available" basis.
FGL does not warrant the accuracy, completeness, currency, reliability or suitability of the operation of Web site, or any of the content or data found on Web site, and expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
FGL and its third party partners and suppliers on the Web site (collectively the "Third Parties"), their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
FGL and the Third Parties, their affiliates and related companies, and their respective directors, officers, employees, consultants, representatives and agents assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Web site or your downloading of any materials, data, text, images, video or audio from the Web site or the transmission of confidential or sensitive information over the Internet. In no event shall FGL or any of the Third Parties, their affiliates and related companies, their respective directors, officers, employees, consultants, representatives and agents be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Web site or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Web site for purchases), or the performance or non-performance by FGL or any of the Third Parties, even if such party has been advised of the possibility of damages by such parties or any other party.
Sports, fitness and outdoor activities can be fun and fulfilling, but can also be dangerous. Please enjoy your chosen activity responsibly, get the right training, make sure you are in good physical condition, and are correctly equipped. Some or all of the activities for which we sell equipment, apparel and footwear can pose a significant risk to your well-being. FGL does not assume any responsibility for actions resulting from or associated in any way with the advertising of any products on our Web site. By using our Web site, you acknowledge and attest that you understand these risks, and you take full responsibility for your own actions. You acknowledge that you release FGL from and against any loss, cost, liability or damage (including reasonable attorney's fees and costs) resulting from any claim, suit or proceeding (threatened or otherwise) made or brought or which may be made or brought against us based upon any use of products advertised or services provided by this Web site.
Indemnification
In addition and to the maximum extent permitted by applicable law, you shall indemnify and save harmless FGL and the Third Parties, their affiliates and related companies and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the Web site, the placement or transmission of any information or other materials on the Web site made by you or others using your account, or your breach of any provision of the Terms and Conditions. You agree to promptly notify FGL immediately after you become aware of any unauthorized use of your account and to take reasonable steps as are necessary to prevent any reoccurrence of such event. FGL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
