1. Introduction, Definitions, Modifications and Acceptance
“Device” refers to the handheld or tablet device onto which you downloaded the Website and are using the Services.
“MyPuck” refers to MyPuck Goalie Sticks, a sole proprietorship located in Toronto, Ontario, Canada. Where the present TOU refers to “MyPuck”, it may refer to MyPuck and / or its employees, officers, directors, subcontractors, agents or representatives, depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to MyPuck. In these TOU, a Website visitor or Services user may be referred to as “you”. When a Services user has created an account and is logged in, they may be referred to as a “Logged-in User”.
“Services” are the proprietary software services that MyPuck has developed to allow users to customize and purchase a goalie stick. The Services may be accessed on the Website.
“Website” is the website located at https:mypuck.hockey which is owned and operated by MyPuck, and includes all subdomains, present and future.
By visiting the Website, using the Services on the Website you hereby accept to be bound by these TOU without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services. The TOU are a legal and binding agreement between you and us.
In the context of the Website, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.
MyPuck reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, you will be notified upon logging-in to the Services or via email.
If you have any questions about the TOU, please contact:
MyPuck Goalie Rental
MyPuck Goalie Rental
11 Redhill Ave, Unit 1
Toronto, Ontario M6E 2C2
2. General Code of Conduct for Use of the Website or Services
By visiting the Website and / or using the Services, you agree to:
Not use the Website or Services in any manner that in any way violates these TOU;
Not use the Website or Services in any manner that violates any intellectual property rights of MyPuck or any third party;
Not use the Website or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
Not use the Website or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to MyPuck or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of MyPuck, other Services users, or any other third party;
Not: (1) take any action that imposes or may impose (as determined by MyPuck in its sole discretion) an unreasonable or disproportionately large load on MyPuck’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or Services or any activities conducted on the Website or through the Services; (3) bypass any measures MyPuck may use to prevent or restrict access to the Website or Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Application; or (5) harvest or scrape any content from the Website or Application in an unreasonable manner;
Use the Website and / or Services in good faith, and in compliance with all applicable local, provincial, national, and international laws.
3. Use of the Website
The Website is licensed, not sold. MyPuck grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Website solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control and with your permission.
You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or servers or networks connected to the Website), nor may you use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website (or servers or networks connected to the Application).
You agree that you are solely responsible for (and that MyPuck has no responsibility to you or to any third party for) your use of the Website, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which MyPuck may suffer) of any such breach. Where a third party uses the Website on your Device, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility.
By installing, accessing or using the Website or Services, you consent to those information collection and usage terms.
MyPuck reserves the right to terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more further described hereinbelow.
6. Use of the Services, Acknowledgements, Fees, and Disclaimers
a. Use of the Services
Renters may use the Services in order to book the use of a Goalie or two Goalies for a Game (a “Booking”). At the time of the Booking, the Renter must enter all the required information (the “Booking Criteria”, which includes Game time, date, length, type and location; and information about the Goalie(s) needed). MyPuck and its Representatives shall not be responsible when a Renter enters incorrect or inaccurate Booking Criteria at the time of the Booking.
When a Goalie plays a Game after being booked by a Renter, this shall be called a “Placement” in these TOU.
b. Goalie Acknowledgments
When you sign up for an account as a Goalie, use the Services as a Goalie, or play in a Game as a Goalie, you acknowledge and agree that:
You are at least 18 years of age or the age of majority in your jurisdiction;
All the information you submit, including but not limited to your skill level / calibre, is true and accurate to the best of your knowledge;
You shall be suitably prepared to play Games, i.e. in a state of appropriate mental and physical fitness, and donning the equipment appropriate to the performance of hockey goaltending, and shall arrive no later than 20 minutes prior to the start of the Game;
You are not considered an employee, agent, or subcontractor of MyPuck, or in any other similar legal relationship with MyPuck;
You shall arrive on time for the Game for which you have been booked.
If you are unable to play in a Game for which you have been booked, you shall cancel
the Booking through the Services no later than 4 hours prior to the starting time of the Game for which you are booked;
You shall be responsible for collecting the Rental Fee (as defined below) from the Renter for your Placement;
If you arrive late for a Game, your Rental Fee shall be adjusted as described in the next sub-section;
Upon the third instance of your arriving late for a Game or not showing up for a Game for which you have been booked (as reported by the Renter who booked you), you shall be placed on probation and not be available for Bookings for a period of thirty (30) days. Upon completion of the 30 days, you shall be reinstated to use the Services. If you subsequently are late by five (5) minutes or more or do not show up for a Game, your account shall be cancelled and you shall be permanently barred from using the Services as a Goalie;
You shall be responsible for paying any applicable income taxes or any similar government charges on Rental Fees you receive for any Placements;
You shall solely be responsible for your actions during Games, including but not limited to physical damage to property or other players caused by you and verbal misconduct (as defined by the National Hockey League, and expressly release MyPuck and its Representatives from any and all liability or responsibility therefrom; and
You shall not bypass the Services by offering your services as a Goalie directly to a Renter. If a Renter solicits you at a Game to bypass the Services, you shall report this to MyPuck as part of the feedback process.
c. Fees, Payment Processing and Other Charges
The “Fees” contemplated in this section are of two types:
“Rental Fees” are the Fees paid by a Renter to a Goalie for playing in a Game; and
“Booking Fees” are the Fees payable by the Renter to MyPuck for use of the Services.
All amounts of Fees listed in these TOU or through the Services are in Canadian dollars and include sales taxes as applicable. MyPuck retains the absolute discretion to set the amount of the Fees. The amounts of the Fees listed in this section is subject to change without notice, which shall be posted upon your making a Booking. As a Renter, you agree to pay the Fees as described in this section.
e. Additional Terms and Acknowledgements
By using the Services, you acknowledge and agree that:
You shall be solely responsible for any third-party costs or expenses incurred in the event that a Goalie fails to complete a Placement for any reason;
You shall be solely responsible for any adjustments of the Rental Fees for lateness or extra time as described above, and release MyPuck from any responsibility for any disputes arising from adjustments to Rental Fees, lateness of a Goalie, or other related issues that occur during a Game;
As a Renter, you may cancel your Booking no later than 6 hours prior to the start of a Game. If you cancel your Booking after this time, you shall not receive a refund of the Booking Fee;
As a Renter, you shall not solicit the Goalie at a Game directly to bypass the use of the Services; and
MyPuck shall not be responsible for any ancillary fees associated with a Booking and / or playing a Game, such as arena parking fees, ice rental fees, equipment rentals, etc.
f. Assumption of Risk and Disclaimers Regarding the Services
Without limiting the generality of the Disclaimer of Warranties and Limitation of Liability sections further in these TOU, you, as a Goalie or Renter, acknowledge and agree that:
You assume any and all risks, liabilities, and potential damages (whether pecuniary or non-pecuniary) to you arising from or associated with your involvement in or use of the Services or any activities arising from your use of the Services, including but not limited to participation in a Game, and explicitly release GoalieUp and its Representatives from any liability therefrom; and you assume any and all risks, liabilities, and potential damages (whether pecuniary or non-pecuniary) to any third party arising from or associated with your involvement in or use of the Services or any activities arising from your use of the Services, including but not limited to participation in a Game, and explicitly release MyPuck and its Representatives from any liability therefrom.
7. Proprietary Rights
You acknowledge that: (a) the Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) MyPuck and/or third parties own all right, title and interest in and to the Website and content that may be presented or accessed through the Website, including without limitation all Intellectual Property Rights therein and thereto.
The Website is being licensed to you and you hereby acknowledge that no title or ownership in the Website is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Website. All rights not specifically granted under these TOU are reserved to MyPuck and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure, or alter MyPuck’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.
The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and
Computer Code are proprietary to MyPuck, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of MyPuck, or as permitted by the functionality of the Website or Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and MyPuck may take action accordingly.
If you choose to communicate to MyPuck (via any means) suggestions for improvements to the Website or Services (collectively, “Feedback”), MyPuck shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to MyPuck and waive in favor of MyPuck, its successors and assigns all your moral rights in the Feedback, and agree to provide GoalieUp such assistance as MyPuck may require to document, perfect, and maintain MyPuck’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to MyPuck, you are not entitled to any compensation or reimbursement of any kind from MyPuck under any circumstances.
8. Interruption of Service
From time to time, the Website or Services may be unavailable for brief periods of time for maintenance and / or modifications to the Website or Services. While we will endeavour to make this unavailability as brief as possible, MyPuck and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website or Services, and disclaims any
9. Termination of the Website or Services and the TOU
MyPuck may also, in its sole discretion and at any time, discontinue providing the Website or Services, or any part thereof, with or without notice. You agree that MyPuck shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Website or Services, or from MyPuck’s termination of the Website or Services, or any part thereof.
You may also choose to terminate your access to the Services by cancelling your account. If you wish to cancel your account, please contact us at email@example.com.
Termination of the Website or Services or your access to the Website or Services shall terminate the present TOU as between you and MyPuck. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
10. External Links
In no way will MyPuck or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
11. Disclaimer of Warranties
You expressly understand and agree that your use of the Website or Services, the information thereon (whether provided by MyPuck or third parties) or any activity arising from your use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game) or the information thereon or the materials downloaded therefrom is at your sole risk. The Website or Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or Device or loss of data that results from the download, stream or access of any material obtained through the use of the Website or Services or any other functionalities of
the Website or Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game), the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website or Services, written or produced by MyPuck staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website or Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and GoalieUp shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website or through the Services.
MyPuck expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website or Services, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose, including but not limited to a Goalie’s actions or performance in a Game. MyPuck, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Website or Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website or Services is free of viruses or other harmful components; or (iv) the results of using the Website or Services, or any activity arising therefrom (including but not limited to a Goalie’s actions or performance in a Game), or any content downloaded therefrom will meet your requirements.
12. Limitation of Liability
MyPuck shall not be liable and assumes no responsibility for any loss or damages arising from or
in relating to the information on the Website or Services or downloaded therefrom, the use of the Website or Services, activities arising from your use of the Website or Services (including but not limited to a Goalie’s actions or performance in a Game), or any third party materials on the Website or available through the Services.
To the maximum extent permitted by law, in no event will MyPuck or it Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or Services or your use, misuse or inability to use the Website or Services, even if MyPuck has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
Notwithstanding anything to the contrary in the TOU, in no event will MyPuck’s aggregate liability for any claims in connection with your use of the Services exceed the lesser of (i) CAD$ 100 and (ii) the total amount of Booking Fees paid by you over the past 6 (six) months.
14. Governing Laws and Jurisdiction
These TOU, and your use of the Website or Services shall be governed by and construed in accordance with the laws of the Province of Ontario in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and MyPuck shall be brought exclusively in the courts located in the Judicial District of Toronto, Ontario, Canada. Notwithstanding the foregoing, MyPuck shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Toronto court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Toronto court.
15. Miscellaneous Provisions
MyPuck shall not be liable for any failure to perform its obligations under the present TOU
where such failure results from any cause beyond MyPuck’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
The failure of MyPuck to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to MyPuck.