Catalyst Sport Sciences Inc. Website Terms and Conditions

Website Terms and Conditions

This document explains how you may access, browse and use Catalyst Sport Sciences Inc.’s (“Catalyst”, “we”, “us”, “our”) website (the “Website”). You should review these terms and conditions (the “Website Terms”) before using the Website.

By accessing, using or Browse this Website, or otherwise indicating your consent, you agree to be bound by these Website Terms and our Privacy Policy. If you do not agree with or accept any of these terms, you must cease using the Website immediately.

If you have any questions about this website, please contact us at  legal@catalystsportsciences.com

Updates to these Terms

Catalyst reserves the right, in our sole discretion, to update or change these Website Terms from time to time. The date of the last modification will be posted at the top of this document. We will post updated terms on the Website. For any material changes, we may also notify you by email or by a prominent notice on our website. By continuing to access or use the Website after such revisions become effective, you agree to be bound by the revised Website Terms. It is your responsibility to review these Website Terms periodically for changes.

Age Restrictions

This Website is intended for and directed to individuals over the age of [16] years. If you are not [16] years of age or older, please do not use the Website without the express permission and direct supervision of your parent or legal guardian.

If you are a parent or legal guardian and have authorized a minor to use the Website, you hereby agree that you are fully responsible for: (a) the online conduct of such minor; (b) monitoring the minor’s access to and use of the Website; and (c) the consequences of any misuse of the Website by the minor.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality… are owned by Catalyst, its licensors, or other providers of such material and are protected in all forms by intellectual property laws…

The following are trademarks of Catalyst or its affiliates or licensors:

  • Catalyst Sport Sciences Inc.
  • Catalyst Performance Camps
  • Catalyst Ontario Masters Racing Club
  • Catalyst Racing Club
  • Catalyst Centre of Excellence
  • Catalyst Global Racing
  • Catalyst Racing
  • The Catalyst Performance Camps Logo
  • The Catalyst Sport Sciences Inc. logo
  • The Catalyst Ontario Masters Racing Club Logo
  • All related names, logos, product and service names, designs, images, and slogans.

You must not use such marks without the prior written permission of Catalyst Sport Sciences Inc. Other names, logos, product and service names, designs, images, and slogans mentioned… are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement… and could subject the infringer to legal action.

 

You may only use the Website for your personal and non-commercial use. You shall not… reproduce, distribute, modify, create derivative works of, publicly display… any of the material on our Website, except:

  • your computer and browser may temporarily store or cache copies of materials…;
  • a reasonable number of copies for personal use only may be printed…;
  •  where we provide desktop, mobile, or other applications for download, one single user copy may be downloaded for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and
  • where we provide social media features https://www.facebook.com/catalystsportsciences , https://www.instagram.com/catalystsportsciences/ with certain content, you may take such actions as are enabled by such features.

Users are not permitted to modify copies of any materials from this Website…

If you print, copy, or download any part of our Website in breach of these Website Terms, your right to use the Website will cease immediately…

Restrictions on Use

As a condition of your use of the Website, you agree not to use the Website:

  • in any way that violates any applicable federal, provincial, local, or international law or regulation.
  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way…
  • in any way that is false, inaccurate, or misleading.
  • in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods.
  • to abuse, harass, threaten, impersonate or intimidate any person.
  • to post or transmit… any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person.
  • to reverse engineer, decompile or disassemble the site…
  • to create or transmit unwanted ‘spam’…
  • to violate or attempt to violate the security of the Website…
  • to advertise or perform any commercial solicitation…
  • to interfere with or attempt to interfere with the proper working of the Website.
  • to distribute viruses or malware or other similar harmful software code.
  • to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
  • in any other way that violates these Website Terms.

For the purposes of these Website Terms, “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on our Website.

User-Generated Content (UGC)

You may be able to submit Content to the Website, including comments, reviews, or photos (“User-Generated Content”).

By providing any User-Generated Content to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, including for the promotion of our services.

You represent and warrant that:

  • You own or control all rights in and to the User-Generated Content and have the right to grant the license granted above.
  • All of your User-Generated Content does and will comply with these Website Terms.
  • You understand and acknowledge that you are responsible for any User-Generated Content you submit, and you, not Catalyst, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User-Generated Content posted by you or any other user of the Website.

Accuracy of Information and Website Availability

While Catalyst uses reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise… that any Content is or remains available, accurate, complete and up to date… Any reliance you may place on the information on this Website is at your own risk… Content on the Website is provided for your general information purposes only. It does not constitute medical, health, fitness, technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

Privacy Policy

Your use of our Website is also governed by our Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, located here: CATALYST PRIVACY POLICY. Our Privacy Policy is incorporated by reference into these Website Terms.

Copyright Complaint and Takedown Procedure

Catalyst respects the intellectual property rights of others. If you believe that any Content on the Website infringes upon your copyright, please submit a notice of alleged infringement to our designated Copyright Agent. Your notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and that is to be removed, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all notices to our designated Copyright Agent at copyright@catalystsportsciences.com

Please note that you may be held liable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright. We reserve the right to terminate the accounts of repeat infringers.

Indemnity and Limitation of Liability

Indemnification. You agree to defend, indemnify, and hold harmless Catalyst, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Website Terms or your use of the Website, including, but not limited to, your User-Generated Content, any use of the Website’s Content, services, and products other than as expressly authorized in these Website Terms.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CATALYST, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE.

UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE WEBSITE (INCLUDING THE DOWNLOADING OR USE OF ANY CONTENT) EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100.00).

Disclaimer of Warranties

THIS WEBSITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS… TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CATALYST DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE…

Website is for Use in Canada

The Website is controlled and operated by Catalyst from its offices in the Province of Ontario, Canada. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with local laws of your jurisdiction.

Governing Law, Dispute Resolution, and Arbitration

Governing Law. These Website Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution by Mandatory Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Catalyst agree that any dispute, claim, or controversy arising out of or relating to these Website Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Website (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding.

You and Catalyst agree that the Arbitration Act, 1991 (Ontario) governs the interpretation and enforcement of these Website Terms, and that you and Catalyst are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Website Terms.

Class Action Waiver. YOU AND CATALYST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The arbitration will be conducted by a single arbitrator in Toronto, Ontario, in English, in accordance with the rules of a recognized Canadian arbitration institution agreed upon by the parties, or if no agreement can be reached, as chosen by the arbitrator.

General Provisions

  • Entire Agreement. These Website Terms, together with our Privacy Policy, constitute the entire agreement between you and Catalyst with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral.
  • Waiver. Our failure to exercise or enforce any right or provision of these Website Terms will not constitute a waiver of such right or provision.
  • Severability. If any provision of these Website Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Terms will continue in full force and effect.
  • Assignment. You may not assign or transfer these Website Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Website Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Website Terms without restriction.
  • Notices. All notices from you to Catalyst must be in writing and sent to legal@catalystsportsciences.com . All notices from us to you will be displayed on our Website or sent to the email address you may have provided.
  • Language. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.