hockeyclean.com

 SERVICE AGREEMENT/TERMS OF USE

1. ACCEPTANCE OF TERMS

The services that ATHLETIC CLEAN CORP. provides to User is subject to the following Terms of Use (“TOU”). ATHLETIC CLEAN CORP. reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.

1. This Agreement, which incorporates by reference other provisions applicable to use of hockeyclean.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in hockeyclean.com, sets forth the terms and conditions that apply to use of hockeyclean.com by User. By using ATHLETIC CLEAN CORP. (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use hockeyclean.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
2. ATHLETIC CLEAN CORP. shall have the right at any time to change or discontinue any aspect or feature of hockeyclean.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. CHANGED TERMS

ATHLETIC CLEAN CORP. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of hockeyclean.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on hockeyclean.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of hockeyclean.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

Through its Web property, ATHLETIC CLEAN CORP. provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. EQUIPMENT
   

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of hockeyclean.com and all charges related thereto.

5. USER CONDUCT

1. User shall use hockeyclean.com for lawful purposes only. User shall not post or transmit through hockeyclean.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ATHLETIC CLEAN CORP. ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in ATHLETIC CLEAN CORP. ‘s discretion restricts or inhibits any other User from using or enjoying hockeyclean.com will not be permitted. User shall not use hockeyclean.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with ATHLETIC CLEAN CORP.
2. hockeyclean.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of hockeyclean.com are copyrighted as a collective work under the [YOUR COUNTRY] copyright laws. ATHLETIC CLEAN CORP. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ATHLETIC CLEAN CORP. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
3. User shall not upload, post or otherwise make available on hockeyclean.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of hockeyclean.com, User automatically grants, or warrants that the owner of such material has expressly granted ATHLETIC CLEAN CORP. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants ATHLETIC CLEAN CORP. the right to edit, copy, publish and distribute any material made available on hockeyclean.com by User.
4. The foregoing provisions of Section 5 are for the benefit of ATHLETIC CLEAN CORP., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

ATHLETIC CLEAN CORP. has no obligation to monitor the Communication Services. However, ATHLETIC CLEAN CORP. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. ATHLETIC CLEAN CORP. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. ATHLETIC CLEAN CORP. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ATHLETIC CLEAN CORP.’s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. ATHLETIC CLEAN CORP. does not control or endorse the content, messages or information found in any Communication Services and, therefore, ATHLETIC CLEAN CORP. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized ATHLETIC CLEAN CORP. spokespersons, and their views do not necessarily reflect those of ATHLETIC CLEAN CORP..

7. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing ATHLETIC CLEAN CORP. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify ATHLETIC CLEAN CORP. immediately of any unauthorized use of User’s account or any other breach of security. ATHLETIC CLEAN CORP. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by ATHLETIC CLEAN CORP. or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS YOUR WEBSITE ADDRESS

Any software that is made available to download from the Services (“Software”) is the copyrighted work of ATHLETIC CLEAN CORP. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ATHLETIC CLEAN CORP. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, ATHLETIC CLEAN CORP. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. ATHLETIC CLEAN CORP. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS YOUR WEBSITE ADDRESS

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

ATHLETIC CLEAN CORP. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ATHLETIC CLEAN CORP. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ATHLETIC CLEAN CORP. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATHLETIC CLEAN CORP. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
    
    

IN NO EVENT SHALL ATHLETIC CLEAN CORP. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

11. MATERIALS PROVIDED TO ATHLETIC CLEAN CORP. OR POSTED AT ANY OF ITS YOUR WEBSITE ADDRESSS

ATHLETIC CLEAN CORP. does not claim ownership of the materials User provide to ATHLETIC CLEAN CORP. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting ATHLETIC CLEAN CORP., its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all ATHLETIC CLEAN CORP. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. ATHLETIC CLEAN CORP. is under no obligation to post or use any Submission User may provide and ATHLETIC CLEAN CORP. may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

1. USER EXPRESSLY AGREES THAT USE OF hockeyclean.com IS AT USER’S SOLE RISK. NEITHER ATHLETIC CLEAN CORP., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT hockeyclean.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF hockeyclean.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH hockeyclean.com
2. hockeyclean.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ATHLETIC CLEAN CORP. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
4. IN NO EVENT WILL ATHLETIC CLEAN CORP., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING hockeyclean.com OR THE ATHLETIC CLEAN CORP. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE hockeyclean.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ATHLETIC CLEAN CORP., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN hockeyclean.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
6. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. ATHLETIC CLEAN CORP., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, ATHLETIC CLEAN CORP., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

13. LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL LET YOU LEAVE ATHLETIC CLEAN CORP.’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ATHLETIC CLEAN CORP. AND ATHLETIC CLEAN CORP. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ATHLETIC CLEAN CORP. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ATHLETIC CLEAN CORP. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ATHLETIC CLEAN CORP. OF THE SITE.

ATHLETIC CLEAN CORP.  is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, ATHLETIC CLEAN CORP.  has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of hockeyclean.com, are those of the respective author(s) or distributor(s) and not of ATHLETIC CLEAN CORP.. Neither ATHLETIC CLEAN CORP. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through hockeyclean.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with ATHLETIC CLEAN CORP.. ATHLETIC CLEAN CORP. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on hockeyclean.com by anyone other than authorized ATHLETIC CLEAN CORP. employee spokespersons while acting in their official capacities. Under no circumstances will ATHLETIC CLEAN CORP. be liable for any loss or damage caused by a User’s reliance on information obtained through hockeyclean.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ATHLETIC CLEAN CORP.. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

14. UNSOLICITED IDEA SUBMISSION POLICY

ATHLETIC CLEAN CORP. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ATHLETIC CLEAN CORP.’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ATHLETIC CLEAN CORP.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ATHLETIC CLEAN CORP. OR ANYONE AT ATHLETIC CLEAN CORP.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ATHLETIC CLEAN CORP. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

15. MONITORING
    
    

ATHLETIC CLEAN CORP. shall have the right, but not the obligation, to monitor the content of hockeyclean.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by ATHLETIC CLEAN CORP. and to satisfy any law, regulation or authorized government request. ATHLETIC CLEAN CORP. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on hockeyclean.com. Without limiting the foregoing, ATHLETIC CLEAN CORP. shall have the right to remove any material that ATHLETIC CLEAN CORP., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. INDEMNIFICATION
    
    

User agrees to defend, indemnify and hold harmless ATHLETIC CLEAN CORP., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of ATHLETIC CLEAN CORP. by User or User’s Account.

17. TERMINATION
    
    

Either ATHLETIC CLEAN CORP. or User may terminate this Agreement at any time. Without limiting the foregoing, ATHLETIC CLEAN CORP. shall have the right to immediately terminate User’s Account in the event of any conduct by User which ATHLETIC CLEAN CORP., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

18. MISCELLANEOUS

This Agreement and any operating rules for hockeyclean.com established by ATHLETIC CLEAN CORP. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the [YOUR STATE/PROVINCE], [YOUR COUNTRY], without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

19. COPYRIGHT NOTICE

ATHLETIC CLEAN CORP. its logos are trademarks of ATHLETIC CLEAN CORP.,  All rights reserved. All other trademarks appearing on ATHLETIC CLEAN CORP. are the property of their respective owners.

20. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Terms and Conditions for EMT/Gateway Payments, Services, Electronic Communications, Privacy, and Refund Policies

General

SEE IMPORTANT DEFINITIONS IN SECTION 2 BELOW.

These terms and conditions apply to all EMT (Electronic Money Transfer) payments made to HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP. These terms and conditions also apply to Electronic Communications (whether or not in connection with an EMT payment). In addition to these terms and conditions, the terms of use of any HOCKEY CLEAN website also apply to your use of any HOCKEY CLEAN website. The current copy of this privacy policy may be found at http://www.athleticclean.com/m/policies/ and http://hockeyclean.com/policies. By making an EMT payment to HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., by requesting Electronic Communication(s), and/or by requesting services from HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., you accept these terms and conditions. HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., may amend these terms and conditions at any time by posting the amendment on its website at least 30 days prior to the effective date of the change.

I specifically acknowledge the Refund Policy terms (below) and accept the terms and conditions regarding recurring payment EMT and invoice by clicking the following button: “I accept”.

Definitions

As used in these terms and conditions:

“HOCKEY CLEAN,” “we,” or “us” refers collectively to HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., and all of its divisions and/or other divisions. “You” means you, the customer. “Service” means any service provided by HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., and/or VEARCOIN, Corp, such as Hockey Equipment Cleaning, Wash Dry and Fold, Repairing, Equipment Polishing, and any other specialty service such as glove re-palming. “Electronic Communications” means any electronic billing and payment communications sent by HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., to you or by you to HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., such as online access to statements and emails relating to billing or payment, disclosures, notices, and other communications regarding your Service (including, without limitation, your billing statements notice of the posting of your electronic billing statements, privacy notices, change-in-terms, notifications, and any periodic email communications). “EMT” or Electronic Money Transfer is any type of email notification payment via online banking. “Automatic payments” refer to having your bank account register ATHLETIC CLEAN CORP. as a payee for billing and automatically paid for every order and/or service provided to you in your or your team’s account.

Authorization

By sending payment, this acts as an acceptance of service. Furthermore:

You are representing and warranting to us that you are an authorized user of the bank account and that the associated information entered (account holder name, account number, billing address, etc.) is accurate. Team Representative Authorization: As a team agent/representative, you are further authorized to collect, on behalf of team members, and make one payment to HOCKEY CLEAN, a division of ATHLETIC CLEAN CORP., and make payment in full upon invoicing. This is inclusive of all collective charges for each player. You may contact us at the following address with any questions: pickitup@athleticclean.com.

Charges

For each transaction, in addition to the charge you have authorized, your credit card issuer and network may assess their customary transaction or handling charge, if any.

Confirmation of Payment

By clicking “Schedule” or “Next,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.

If you set up automatic payments, then you are consenting for us to charge. All transactions are final. Please see our Refund Policy.

REFUND POLICY

All transactions are final. Transactions are all made online. Any and all refunds will be provided as an “In-Service” Credit to the client’s Personal or Team Account. Any claim should be made to ATHLETIC CLEAN CORP.’s Management via email at refunds@athleticclean.com within five (5) business days upon receipt of services.

OUR SERVICES

Please see the ‘Our Services’ and/or ‘Services’ page in which you may also request a base price list on each and all of our services. This can be done by emailing pickitup@athleticclean.com with “Price List Please” in the subject line, and we will send it to you. All of our price lists are basic prices and upcharges may apply. Prices are based upon material, material type, construction of garment or item including trim and/or decoration, and the time that it would take for us to process the item. All prices are subject to change without prior notice.

Payment for Services

Mark and stain removal are not guaranteed, as some stains and marks in combination with some fabrics may be unserviceable and unable to be removed without possible damage to the function and use, texture, or fabric. The process the service provides, although involves a vigorous scrubbing application to all pieces, is there to eliminate the microbial evolution of further contamination over the removal of puck marks, stains, and other fabric bonded marking that may be present. You are responsible for payment to process the equipment. Stain removal, whether the stain(s) are removed or not, does not constitute a reason for nonpayment or wherein the equipment is not hygienic and processed. Payment must be made in full for processing of the equipment regardless of any remaining marks.

Service Disclaimer

We exercise the utmost care in processing articles entrusted to us and use such processes, which, in our opinion, are best suited to the nature and condition of each individual article. Nevertheless, we cannot assume responsibility for inherent weaknesses of, or defects in materials that are not readily apparent prior to processing. This applies particularly, but not exclusively, aged equipment, helmets past the CSA expiry date (in particular the adhesive on foams), old screening which may result in peeling. Some materials may include suede, leathers silk, satin, vinyl, polyurethane, etc. Responsibility is also disclaimed for trimmings, buckles, beads, buttons, belts, sequins, and any type of ornamentation.

In our process, we cannot guarantee against color loss or against damage to weak and tender fabrics. Even though no bleaches, harsh surfactants, or hot water is used in our process, our work is a vigorous process, as it has to be, to enable an effective result.

Item(s) Processing Consent

By sending or presenting your hockey equipment/team’s equipment or item(s) to Hockey Clean, a division of Athletic Clean Corp., you agree and understand that there is the possibility of unpredictable reactions that may adversely affect the fabric and/or trim and construction of the item(s) presented to Hockey Clean, a division of Athletic Clean Corp. Such unpredictable reactions include but are not limited to being originated from manufacturer defect, unserviceability, misleading or incorrect care label instructions, missing care label instructions, normal wear and tear deterioration, or any source outside of HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP. knowledge prior to processing.

By leaving or sending your items to HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., you give HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., the permission to use whatever it deems necessary to clean your equipment and you will not hold HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., responsible should there be any problems or damage that occurs because of processing caused by unpredictable reactions.

You also acknowledge that any item left at or sent to HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., is inventoried by individual and by team if in that setting, by color zip ties on each piece of equipment and to ensure every item is returned to its rightful owner. The zip tags may be placed on the item on the reverse side of the item where it is not easily visible when wearing the item and if found should be cut off prior to play.

You also agree that no verbal statement made by Hockey Clean, a division of Athletic Clean Corp., employee can be construed as a warranty superseding any statement in this agreement.

Wash Dry and Fold Services

By sending in or bringing in articles of clothing to HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., for services, also known as equipment by bulk, and or laundry by the pound, you acknowledge that:

• There is a ten (10) pound minimum to process a load whether the weight of your order reaches ten (10) pounds or less. Orders exceeding Ten (10) pounds are charged by the pound at the price on our price list $10/lb. Orders received wet, soaking wet, moist, or damp will be weighed as received and processed at the cost per pound per its weight when received. As there is an additional cost associated with processing such orders, that cost is factored in by weighing it as it is received.

• You also acknowledge that you are responsible for the type of articles you send to be processed in our wash dry and fold service. These articles are not cataloged in our computer system by the piece and are processed by the bulk, we cannot be held responsible for any item damaged in any way as a result of laundering. Items sent to HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., to be processed as wash dry and fold should only be items you would wash and fold at home or at a coin laundry such as Jerseys, hockey socks, compression apparel, specific compression apparel undergarments, t-shirts, undergarments, socks, and towels.

• HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., does not provide finishing (ironing), or stain removal in the Wash Dry and Fold service.

Leather Item(s) Processing Consent

Suede and leather garments being made of animal skins, sometimes have inherent defects that may not be apparent before cleaning. In addition to the effects of normal wear, there are other conditions you should be aware of. Some skins may have weak or thin areas that can chafe during processing. Prior exposure to heat and moisture can make skins tender, stiff, or brittle. Fading may not be totally corrected by dyeing. Some stains may not be removable. Color uniformity cannot be assured if skins were not originally matched evenly.

You also agree that you have read the foregoing and you release Hockey Clean, a division of Athletic Clean Corp. and its affiliates from responsibility for any of the above conditions.

Repairs/Skate Sharpening/Alteration(s) and or Tailoring Processing Consent

When sending equipment in for Repairs/Skate Sharpening/Alteration(s) and/or Tailoring Process to HOCKEY CLEAN A DIV. OF ATHLETIC CLEAN CORP., repair items must be listed for the service to take place by adding the service to the request form. This can be presented in the request form with your bullet points about the item in need of attention coupled with an image upload pointing the area out.

Therefore, you hereby give Hockey Clean, a division of Athletic Clean Corp. your permission to alter your hockey equipment/team’s equipment as you’ve indicated. Therefore, you will not hold Hockey Clean, a division of Athletic Clean Corp. and its affiliates responsible for any problems that may occur as a result of these alterations and promise to take full responsibility for any additional costs that may be necessary should your hockey equipment/team’s equipment need to be re-altered.

You also understand that no verbal statement made by any Hockey Clean, a division of Athletic Clean Corp. employee can be construed as a warranty superseding any statement in this agreement.

Technical Requirements for Electronic Communications

In order to make EMT payments online or receive Electronic Communications, you must have access to a personal computer with a 128-bit JavaScript enabled browser, internet access, and a valid email account supported by software that enables you to receive Electronic Communications. In order to store Electronic Communications on paper, you will need a printer connected to your computer. You also may store them in your offline files or in an electronic storage device. Hockey Clean, a division of Athletic Clean Corp., is not required to provide paper copies of any Electronic Communication you have previously authorized. You will have the option to make your payment online as well through our secure gateway processor at the time of payment.

You agree to provide us, and keep current, a valid email address.

“Electronic Only” Communications

If you have authorized “Electronic Only” communications, then the following additional terms apply:

• You understand and agree that Hockey Clean, a division of Athletic Clean Corp., may provide you with all Electronic Communications exclusively online.
• At your request, we will provide you with copies of statements and account information electronically via email or in printed form as requested.
• You may elect to withdraw your consent to receive Electronic Communications (other than confirmation of online payments) at any time by communicating with Hockey Clean, a division of Athletic Clean Corp. via email at pickitup@athleticclean.com that you wish to be removed from our email communications.
• If you give or withdraw consent by writing to us or calling us, there may be a delay in implementing your request.
• You may also contact us if you need to update any information relating to a change in your email address.

Governing Law

These terms and conditions will be governed and construed in accordance with the laws of the Province of Ontario (without giving effect to any choice of law principles or rules). The courts located in Toronto, Ontario will have the exclusive jurisdiction for any dispute or legal action brought in connection with these terms and conditions or any services performed by us.

OUR PRIVACY POLICY

We value your personal privacy. We have been doing business since 2007, and we have never sold our Email lists, nor any other client information. This means that information about you such as phone numbers, Email address, postal address, date of birth, and credit card information will be kept totally confidential to the best of our ability.

We are here to provide the best service a business can offer, and would never knowingly betray your trust, which you as our customers have given us. We take industry-standard precautions to protect your data, but it is impossible to guarantee the security of data transmission over the Internet or any wireless network, and so you agree that you use our site and transmit sensitive data to us at your own risk.

Hockey Clean, a division of Athletic Clean Corp., does not sell any information with anyone or any entity whatsoever. We will transmit information of yours only as necessary to process your order or provide the services to you (for example, we need to send your payment information to our credit card processor, and if you order an item by mail, we would need to provide your address to the shipping agent). All service providers to whom we transmit your information will also be obligated to keep your data confidential.