TERMS OF SERVICE

This Terms of Service policy was last modified on September 20, 2024.

ACCEPTANCE

These Terms & Conditions of Service (“Terms of Service”) form a legal agreement between you, the end user, and Velasa Sports, Inc. ("Velasa Sports" or “Velasa” or "Sparx Hockey" or “Sparx”) that applies each time you use or access the website, licensed platform, and/or mobile application (the “Sparx App”) made available to you by Velasa Sports, and their associated content, features, tools, and materials (collectively, the “Service”), including without limitation in connection with the purchase or support of any of Velasa Sports’ products. As used herein, the terms "we", "us" and "our" refer to Velasa Sports. Velasa Sports offers this Service, including all information, tools, functions, features and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein without modification.

IN PARTICULAR, THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICE AND ARE INSTRUCTED TO EXIT, UNINSTALL, AND/OR CEASE ALL USE OF THE SERVICE IMMEDIATELY.

The Terms of Service shall be deemed to include all other operating rules, conditions, procedures and policies referenced herein and/or available by hyperlink at the Service or that otherwise may be published from time to time by Velasa Sports (collectively, "Policies"), including without limitation, the Warranty Policy, Returns Policy, Privacy Policy and Copyright Policy. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content.

Any new services, features or tools which are added to the Service shall also be subject to the Terms of Service.

SECTION 1 – LICENSE GRANT AND RESTRICTIONS

These Terms of Service provide to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Service solely for your lawful business use as specifically described herein, conditioned on your continued compliance with the Terms of Service.

When using the Service in accordance with the foregoing license, you shall not directly or indirectly: (a) use the Service to create any service, software, or documentation that performs substantially the same functionality as or otherwise competes with the Service; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Service or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Service in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Service; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Service; (f) use or access the Service for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Service or accompanying documentation; (h) use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any third party’s authorized use of the Service; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Service; or (j) probe, scan, or test the vulnerability of the Service or any systems or network infrastructure connected with the Service, including without limitation by stress testing or penetration testing.

The Service is intended by Velasa Sports to be made available only to individuals who are at least 16 years old, or who are at least 13 years old and who have the express permission of their parent or guardian. If you do not qualify, then you are prohibited from accessing, using and registering for the Service. Velasa Sports will not collect personally identifiable information from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, Velasa Sports will take steps to remove such information and terminate that individual’s account, access and use of the Service.

You may not use our Service, or any of the products and services that are offered for sale at the Service (collectively, “Products”) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – GENERAL CONDITIONS AND USER REQUIREMENTS

We reserve the right to refuse to provide the Service to anyone for any reason at any time. We further reserve the right to terminate, discontinue, suspend, or otherwise modify your use of or access to the Service for any reason in our sole discretion, including without limitation any actual or suspected breach of the Terms of Service.

Your employer or organization may have entered into a separate services agreement, order form, and/or other contract with Velasa Sports governing its (and Your) use of and access to the Service (a “Subscription Agreement”). In such event, you agree to comply with all applicable terms and conditions of the applicable Subscription Agreement, in addition to these Terms of Service, and your violation of any such terms or conditions shall constitute your material breach of these Terms of Service.

If you access the Service on behalf of any organization, and your organization has not entered into a separate Subscription Agreement with Velasa Sports, then your organization shall be bound to these Terms of Service and be jointly and severally liable for any breach by you. In such event, you represent that you have all rights, power, and authority to agree to these Terms of Service on behalf of your organization.

SECTION 3 – YOUR ACCOUNT

You may be required to register an account to use the Service or certain features of the Service. Each registration is for a single user only, unless otherwise expressly agreed by Velasa Sports. Registration for the Service may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Velasa Sports in its sole discretion from time to time. You hereby agree to treat your access credentials as confidential and not to disclose such information to any third party without the express prior written consent of Velasa Sports, which may be granted or withheld in its sole discretion. You shall immediately notify Velasa Sports if you suspect or become aware of any loss, theft, or unauthorized use of your login credentials. Velasa Sports will not be liable for any loss or damage arising from your failure (whether intentional or unintentional) to comply with these obligations.

By submitting the requested information to the registration form or similar process on the Service, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. Velasa Sports reserves the right to suspend, terminate, or otherwise discontinue your account and/or pending registration if Velasa Sports has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the Service is in violation of applicable law or these Terms of Service.

SECTION 4 – PURCHASES, PAYMENTS, AND MODIFICATIONS TO THE SERVICE AND PRICES

The Service may contain the option for you to purchase certain of Velasa Sports’ Products, or a subscription to access certain features of the Service, or to otherwise conduct business transactions with Velasa Sports. The applicable fees (and any applicable discounts, if available), license or subscription period, renewal opportunities, and permitted payment methods will be specified in the Service at the time of order. Velasa Sports may request further information from you in order to confirm the order and method of payment.

 

Velasa Sports reserves the right to terminate or suspend access to the Service or any related license, subscription, product, or service if you fail to pay any amounts when due. You shall reimburse Velasa Sports for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all payment obligations with respect to amounts due to Velasa Sports in connection with the Service shall survive the expiration or termination of these Terms of Service for any reason.

When making a purchase, you agree to pay using the payment methods indicated and grant authorization to Velasa Sports and/or the applicable third-party payment-processor to charge your selected payment methods. Velasa Sports and/or the applicable third-party payment processor shall charge, and you shall be responsible for, all taxes, tariffs, levies, or duties applicable to your payment, excluding taxes applied against Velasa Sports’ net income. Unless otherwise expressly indicated at the time of purchase, all transactions listed through the Service are denominated in U.S. dollars (USD). You are responsible for: (a) the accuracy of all payment method information that you provide to us; and (b) maintaining the confidentiality and security of your account information, including without limitation with respect to payment methods. You should not disclose your payment information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could utilize the payment methods associated with your account. You are responsible for all transactions on your account, including unauthorized transactions.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Prices for our Products are subject to change without notice. We reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) and the Products offered at the Service, in whole or in part, without notice at any time. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third-party for any costs, expenses, or other losses incurred in connection with our modification, price change, suspension or discontinuance of the Service or Products, and we hereby expressly disclaim such liability.

SECTION 5 - PRODUCTS AND SERVICES

Certain Products may be available exclusively online through the Service and may have limited quantities. Products may be returned or exchanged only according to our Return Policy, which is available at https://sparxhockey.com/pages/returns.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. However, we cannot guarantee that your system, device, or hardware’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product that we offer. All descriptions of Products and Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to change or discontinue any Product at any time. Any offer for any Product made on this Service or otherwise through the Service is void where prohibited.

Products purchased through the store are governed by our Returns Policy (which is available at https://sparxhockey.com/pages/returns) and Warranty Policy (which is available at https://sparxhockey.com/pages/warranties).

You should carefully review the Important Product Safeguards that are set forth in Section 14 below.

SECTION 6 - ELECTRONIC COMMUNICATIONS

Velasa Sports may send emails or other electronic messages to you concerning your use of the Service, including without limitation by providing alerts or notifications within the Service. You consent to receive such electronic communications and you agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

SECTION 7 - THIRD-PARTY TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be deemed included in the Service and subject to these Terms of Service.

Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the Service, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the Service. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and you agree to abide by all such terms. You further acknowledge that (a) these Terms of Service operate in addition to any terms of use imposed or required by any such third-party provider; and (b) these Terms of Service supplement and do not alter or amend any such third-party terms of use.

SECTION 8 - THIRD-PARTY LINKS

Third-party links made available through the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER GENERATED CONTENT

  1. Responsibility for User Generated Content. Velasa Sports may offer users the opportunity to post, upload, or otherwise make available on or submit through the Service photos, text, drawings, files, images, sounds, videos, comments, ratings, reviews, messages, questions, suggestions, information, data, personally identifiable information, or other information or materials and the ideas contained therein (collectively "User Generated Content"). The Service may include a variety of features, such as discussion forums, blogs, photo and video sharing pages, e-mail services and social networking features that allow feedback to us and that allow users to interact with each other through the Service and post content and materials for display on the Service. The Service also may include other features, such as personalized home pages and e-mail services, which allow users to communicate with third parties.

By accessing and using any such features, you represent and agree: (i) that you have read and agree to abide by our Community Rules (described below); (ii) that you are the owner of any material you post or submit, or that you are making your posting or submission with the express consent of the owner of the material; (iii) that you are making your posting or submission with the express consent of anyone pictured in any material you post or submit, and (iv) that the materials will not violate the rights of, or cause injury to, any person or entity.

Responsibility for what is posted on discussion forums, blogs, photo- and video-sharing pages at the Service, and other parts of the Service through which users can supply information or material, or sent via any e-mail services that are made available via the Service, lies with each user - you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may transmit, post or otherwise provide on or through the Service.

You understand that we have no obligation to monitor any discussion forums, blogs, photo- or video-sharing pages at the Service, or other parts of the Service through which users can supply information or material. However, we reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, move, delete, and/or refuse to accept any content that in our judgment violates these Terms of Service or is otherwise unacceptable or inappropriate.

You acknowledge and agree that we may preserve content, information, and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of us, our affiliates, our officers, directors, employees, representatives, our licensors, other users, and/or the public. You further acknowledge that Velasa Sports has no obligation of confidentiality or nondisclosure to you with respect to such materials.

  1. User Feedback and Submissions. Velasa Sports welcomes your feedback, whether provided voluntarily and/or in response to specific inquiries or requests from us, but if you send us or post or otherwise in any manner provide: any feedback, suggestions, ideas for improvement, messages, comments or tags; your creative or original concepts or ideas; or any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (collectively, "Submissions"); then you represent and warrant to Velasa Sports that you either own the Submission or have the right to grant Velasa Sports the license described below.

You agree that in making a Submission, Velasa Sports shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Velasa Sports, and that Velasa Sports alone is free to decide whether or not to post or use the Submission.

In the event a Submission is posted, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission through the Service, you: (a) agree not to make any Submission that violates in any way the Terms of Service; (b) automatically grant Velasa Sports a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sublicenseable, royalty–free license to use the Submission, and exercise all copyright, publicity and other intellectual property and proprietary rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission.

  1. Community Rules. The Service may include a variety of features, such as discussion forums, blogs, photo- and video-sharing pages, e-mail services and social networking features that allow us to receive feedback and allow users to interact with each other and post content and materials for display through the Service. The Service also may include other features, such as personalized home pages and e-mail services, that allow users to communicate with third parties. By accessing and using any such features, you represent and agree that you will not:
  • Restrict or inhibit any other user from using and enjoying the Service;
  • Use the Service to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt any servers or networks used to provide the Service or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Service;
  • Use the Service to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
  • Gain unauthorized access to the Service, or any account, computer system, or network connected to the Service, by means such as hacking, password mining or other illicit means;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;
  • Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other intellectual property or proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  1. Our Right to Use User Generated Content. When you submit, post or otherwise provide any User Generated Content, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, transferable, assignable, sublicenseable, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Generated Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose, including without limitation (i) our operation of the Service and its features and functionalities, and (ii) our research, development, and improvement of our Products and Service. The foregoing grant includes the right to exploit any intellectual property or proprietary rights in such User Generated Content, including, but not limited to, rights under copyright, trademark, trade secret or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your User Generated Content by name, e-mail address or screen name, as we deem appropriate. Velasa Sports has no obligation of any kind with respect to such User Generated Content and is free to reproduce, modify, use, disclose and distribute any portion of the User Generated Content, including any ideas or information contained in the User Generated Content for any purpose whatsoever. You understand that the technical processing and transmission of the Service, including content submitted by you including the User Generated Content, may involve transmissions over various networks, and may involve changes to conform and adapt the User Generated Content to technical requirements of connecting networks or devices. You expressly acknowledge that you will not receive any monetary compensation of any kind for the use of any materials submitted by you including, without limitation, any User Generated Content.

SECTION 10 - RELATIONSHIP OF THE PARTIES.

The relationship established between you and Velasa Sports under these Terms of Service is that of independent contractors, and nothing herein or in your use of the Service and/or any Product shall be construed as creating any joint venture, partnership, employment, or agency relationship.

 

SECTION 11 - PERSONAL INFORMATION

Certain features of the Service and/or Products may involve or require the collection, receipt, storage, transmission, or sharing of certain data and information from or about you, including without limitation personal information related to your use of such Service or Product.  You acknowledge and agree that Velasa Sports’ use of and access to such information is governed by our Privacy Policy (which is available at https://sparxhockey.com/pages/privacy-policy, as may be updated by Velasa Sports from time to time). You expressly consent to such use by Velasa Sports as described therein.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service, should be taken to indicate that all information on the Service has been modified or updated.

SECTION 13 - SPECIAL TERMS AND CONDITIONS FOR APPLE USERS

NOTE – The terms and conditions of this paragraph apply to you only if you downloaded Company’s mobile application (the “App”) through Apple Inc.’s App Store.  You acknowledge that these Terms of Service are between you and Velasa Sports, and that Apple Inc. (“Apple”) bears no responsibility for the App and its content.  The license grant under these Terms of Service with respect to the App is a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by these Terms of Service and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with You via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing.  You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  In the event of any failure of Velasa Sports’ mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.  In the event of any third-party claim that the App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof.  Apple and its subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

SECTION 14 - SPECIAL TERMS AND CONDITIONS FOR GOOGLE PLAY STORE

NOTE – The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.

 

SECTION 15 – IMPORTANT PRODUCT SAFEGUARDS

Any purchase of the Sparx® Skate Sharpener or other Sparx® Product is conditioned upon your compliance with the following important safety requirements:

  • Before operating any Sparx® Product you should familiarize yourself with the Product and read and understand all applicable instructions and warnings, which are made available at the Service and in documentation delivered with the Product.
  • To avoid injury, always use caution when using the Sparx® Products, including when changing the Sparx® Grinding Ring.
  • To avoid the risk of electrocution, do not use any Sparx® Product in wet or damp conditions.
  • Always wear eye protection and a dust mask when the Sparx® Product is running.
  • Always wear gloves when handling skate blades.
  • Do not leave any Sparx® Product running and unattended.
  • We do not recommend that children less than 13 years old be permitted to use the Sparx® Skate Sharpener. Anyone who is less than 18 should be supervised by a qualified adult when using the Skate Sharpener.

SECTION 16 - LIMITED WARRANTY; DISCLAIMER OF WARRANTIES

Products that you order and receive from Velasa Sports are covered by the Warranty Policy (which is available at https://sparxhockey.com/pages/warranties, as may be updated by Velasa Sports from time to time).

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate, uninterrupted, or reliable, or that it will meet your personal expectations or requirements. You agree that from time to time we may suspend the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

EXCEPT AND ONLY TO THE EXTENT EXPRESSLY SPECIFIED FOR PRODUCTS IN THE WARRANTY POLICY, THE SERVICE AND ALL PRODUCTS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, INTEGRATION, ACCURACY, TIMELINESS, DURABILITY, TITLE, AND NON-INFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

SECTION 17 - LIMITATION OF LIABILITY

IN NO EVENT SHALL VELASA SPORTS (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR LIABILITY RELATED TO ANY PRODUCT OR THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF AMOUNTS YOU PAID TO VELASA SPORTS FOR THE PRODUCT OR SERVICE. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY EVEN IF VELASA SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF ANY OTHER REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

IN NO EVENT SHALL VELASA SPORTS (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR CONTRACTORS) BE LIABLE FOR ANY LOSS OR DAMAGE TO ANY ICE SKATES WITH RESPECT TO WHICH ANY SPARX® PRODUCT WAS USED, OR FOR ANY OTHER INJURY, LOSS, DAMAGE OR LIABILITY, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THAT RESULTS FROM OR ARISES OUT OF THE USE OF ANY SPARX® PRODUCT THAT WAS (E) USED, HANDLED, OPERATED, MAINTAINED OR STORED IMPROPERLY, OR IN ANY MANNER NOT IN ACCORD WITH VELASA SPORTS' DOCUMENTATION, INSTRUCTIONS OR RECOMMENDATIONS, (F) REPAIRED, ALTERED OR MODIFIED BY ANYONE OTHER THAN VELASA SPORTS OR ITS AUTHORIZED AGENTS, (G) USED WITH PARTS OR ACCESSORIES NOT SUPPLIED BY VELASA SPORTS OR (H) USED FOR RENTAL OR OTHER COMMERCIAL PURPOSES.

THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS IN THESE TERMS OF SERVICE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, ACCORDINGLY, CERTAIN OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Velasa Sports, Inc., and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any action, suit, claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law, regulation or the rights of a third-party. Velasa Sports reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Velasa Sports in asserting any available defenses.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 – TERM AND TERMINATION

These Terms of Service take effect (or re-take effect) at the earlier of (i) the date that you first accept the Terms of Service by registering your account for the Service and/or conduct any other transaction on the Service, or (ii) moment you first access and/or log into the Service and use its features and functionality, and shall continue until terminated in accordance with this Section. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until your use of the Service is terminated by either you or us. You may terminate at any time by notifying us in writing and ceasing all use of the Service.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your access and use of the Service (or any part thereof) at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Upon termination or expiration of the Terms of Service for any reason, all licenses granted by Velasa Sports hereunder shall immediately terminate, and you must immediately cease all use of the Service. The provisions of these Terms of Service concerning Velasa Sports’ proprietary rights, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, dispute resolution, and governing law will survive the termination of these Terms of Service for any reason.

SECTION 21 – WAIVER, ENTIRE AGREEMENT, INTERPRETATION, ASSIGNMENT

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service (including all Policies), together with any applicable Subscription Agreement, constitutes the entire agreement and understanding between you and us and exclusively govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used herein are included for convenience only and will not limit or otherwise affect the construction or interpretation of these Terms of Service.

Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicenseable by you except with our prior written consent. Velasa Sports may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein.

SECTION 22 - GOVERNING LAW; ARBITRATION

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service (including any Policy) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Service and any separate agreements whereby we provide any part of the Service to you shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA, excluding its conflicts of law rules. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Service.

You acknowledge that any breach, threatened or actual, of these Terms of Service would cause irreparable injury to Velasa Sports not readily quantifiable as money damages, such that Velasa Sports would not have an adequate remedy at law. You therefore agree that we shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.

Except that either party may seek an injunction or other equitable relief from any court of competent jurisdiction, all disputes between the parties arising out of or in relation to or in connection with the Terms of Service shall be settled by binding arbitration in accordance with the JAMS streamlined arbitration rules and procedures then in force, by one neutral arbitrator appointed in accordance with the rules. The arbitration shall take place in Boston, Massachusetts, USA. The proceedings shall be in English, all evidence shall be in English (or translated into English) and the governing law shall be as set forth herein. The arbitrator’s decision shall be in writing and shall comply with all terms and conditions in the applicable version of the Terms of Service. The decision and award rendered shall be final and binding on both parties. The parties acknowledge and agree that the Terms of Service and any award rendered pursuant hereto shall be governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Judgment on the award may be entered in any court of competent jurisdiction.

Any arbitration under these Terms of Service will take place only on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND VELASA SPORTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this Section.

SECTION 23 – INTERNATIONAL USE

You hereby expressly consent to the transmission, collection, storage, processing and use of all information and data provided by you (including personal information) within, from and to the United States, in addition to the country where you are located (if not the United States). Velasa Sports makes no representation that the Service is accessible, appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from places where doing so would be illegal. If you access or use the Service from other locations, then you do so at your own initiative and risk and are solely responsible for compliance with local laws.

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that the Service is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

SECTION 24 – PROPRIETARY RIGHTS

The Service and all content, materials, data and other information created by or for Velasa Sports (or its affiliates or licensors) and made available via the Service (collectively, "Content"), are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and Velasa Sports (and its applicable affiliates and licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless the Service states or implements a different restriction, you may download, reproduce or transmit a reasonable number of copies of Content for your personal, non-public, non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. Your systematic retrieval of data or other Content from the Service to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without our express prior written permission.

IMPORTANT: If you desire to access or use the Service or Content for any purpose other than as expressly authorized herein, then you must first secure permission from Velasa Sports or other owner of that Content. You expressly acknowledge that any use of the Service or Content outside of the express rights granted hereunder shall constitute an infringement and violation of Velasa Sports’ intellectual property rights, in addition to a breach of these Terms of Service.

Reproducing, copying or distributing any Content, or any design elements from the Service, for any other purpose is strictly prohibited without our express prior written permission. Attempting to access or use the Service or Content for any purpose not expressly permitted in the Terms of Service is prohibited.

SECTION 25 - COPYRIGHT AND TRADEMARK NOTICES

The Terms of Service, Service and all and Content provided by Velasa Sports are copyright © 2015-2024 Velasa Sports, Inc. and/or its licensors or suppliers.
VELASA SPORTS and SPARX are the trademarks of Velasa Sports or its licensors. The names and logos of companies, products or services mentioned at the Service may be the trademarks or service marks of their respective owners, and shall not be deemed to create any endorsement or association between Velasa Sports and such owners.

All rights not expressly granted by Velasa Sports herein are reserved.

SECTION 26 - PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT ("COPYRIGHT POLICY")

Velasa Sports has adopted the following policy toward copyright infringement with respect to the Service, in accordance with the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)).

Velasa Sports will (1) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any User; and (2) terminate the account and access to the Service of any repeat offender. This policy applies to all aspects of the Service provided by Velasa Sports.

Reporting Copyright Infringements.

If you believe that material or content residing or accessible on the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:

  • Identification of the work or material being infringed.
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Velasa Sports is capable of finding and verifying its existence.
  • Contact information about the notifying party (the "Notifying Party"), including name, address, telephone number and e-mail address.
  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  • The Notifying Party's physical or electronic signature.

Responding to Complaints.

After notification of an alleged infringement is received by the Designated Agent:

  • Velasa Sports will remove or disable access to the allegedly infringing material.
  • Velasa Sports will then immediately notify the User responsible for the allegedly infringing material (the "Offending User") that it has removed or disabled access to the material.
  • If the Offending User is a repeat offender, Velasa Sports will immediately terminate such User's account and access to the Service in addition to removing the infringing material.

Right to Dispute.

If the Offending User disputes the claim of infringement, the Offending User may send a counter-notice containing the following information to the Designated Agent:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that the Offending User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
  • The Offending User's contact information, including name, address, telephone number and e-mail address.
  • A statement that the Offending User consents to the jurisdiction of the Federal Court for the judicial district in which the Offending User's address is located, or if the Offending User's address is located outside the United States, for any judicial district in which Velasa Sports is located, and that the Offending User will accept service of process from the Notifying Party.
  • The Offending User's physical or electronic signature.

If such counter-notice is received by the Designated Agent, Velasa Sports will send a copy of the counter-notice to the Notifying Party informing them that Velasa Sports may replace or restore access to the material in question. Unless the copyright owner thereafter files an action seeking a court order against the Offending User, and Velasa Sports has actual knowledge of such filing, then the material will be replaced or access to it restored in 10 to 14 business days after receipt of the Offending User's counter-notice.

Designated Agent to Receive Notification of Claimed Infringement:

Velasa Sports, Inc.
Attn: Administrative Department
30 Sudbury Road
Acton, MA 01720, USA

SECTION 27 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service (including any Policy) by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@sparxhockey.com.