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Terms of use

TERMS OF USE
This website is offered to you conditionally upon your acceptance of the terms and conditions set out below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by Netgenetix.com Media Inc. ("Netgenetix"). You should check these terms and conditions from time to time to keep informed of any such amendments or additions. By accessing and using this website, you are deemed to have agreed to these terms and conditions. Netgenetix shall have the right at any time to change or discontinue any aspect or feature of this website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

1. Copyright © 2002-2007 Netgenetix.com Media Inc. All rights reserved.
Netgenetix either owns the intellectual property rights in the underlying HTML, text, audio clips, video clips and other content on our website (including the organization and layout of this site), or has obtained the permission of the owner of the intellectual property in such content to use the content on our website. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the prior written permission of Netgenetix.

2. Limited License
Netgenetix grants to you a strictly limited license to display on your computer, print, download and use a single copy of the underlying HTML, text, audio clips, video clips and other content on our website, for non-commercial (personal or educational) purposes only, provided that:
a. you do not modify any such content; and
b. you include with and display on each copy of such content the associated copyright notice and this limited license.

No other use is permitted. Without limiting the generality of the foregoing, you may not:
a. make any commercial use of such content;
b. include such content in or with any product that you create or distribute;
c. copy such content onto your or any other person's website; or
d. distribute it to anyone whatsoever.

Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any copyright of Netgenetix or any other person who owns the copyright in content provided on our website.

3. Trade-Marks
PickUpHockey.com is a trademark of Netgenetix. This website contains various other Netgenetix trademarks. The names of all products and services mentioned on our website are the trademarks of their respective owners. The display of trademarks or trade names on this website does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.

4. Liability Disclaimer
You use this website and any content you choose to download at your own risk. If your use of this website or the materials therein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Netgenetix is not responsible for those costs. NETGENETIX DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. FURTHER, NETGENETIX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL NETGENETIX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF NETGENETIX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

5. Links to Third Party Sites
This website contains hyperlinks to websites operated by parties other than Netgenetix. Such hyperlinks are provided for your reference only. Netgenetix does not control such websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk. Furthermore, our privacy policy statement is applicable only when you are on our website. Once linked to another website, you should read that site's privacy policy before disclosing any personal information.

6. Submissions
Netgenetix welcomes your comments regarding this website. Unfortunately, Netgenetix may not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right or legal right to or control over your submission (including, but not limited to, copyright, trade mark, moral rights, or implied contractual rights) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, an acknowledgment or credit.

7. Use of Bulletin Board, Chat Site, etc.
You agree to use any bulletin board or other forum for communication solely to send and receive messages and material that are related to the particular forum. You acknowledge that chats, postings, conferences, and other communications by you or any other person are not endorsed by Netgenetix, and such communications should not be considered to have been reviewed, screened, or approved by Netgenetix. If you rely on information posted by other users, you do so solely at your own risk. You agree that upon posting material on the Netgenetix website, you grant Netgenetix and its successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and license under your copyright to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such material in any and all media, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such information, however arising. You shall use this website for lawful purposes only. You shall not use this website to do any of the following:
a. post, store, transmit, download or distribute any threatening, abusive, libelous, defamatory, obscene, or legally objectionable materials of any kind, including anything constituting or encouraging a criminal offense, giving rise to civil liability, or otherwise violating any laws;
b. post any non-public information about companies without the proper authorization to do so;
c. provide false information on your registration, or impersonate someone else;
d. post, transmit or otherwise distribute any materials that contain a virus, trojan horse, worm, or other harmful or disruptive component; or
e. upload, post, transmit or otherwise distribute or reproduce any information, software or other material protected by copyright, or other intellectual property right, without the permission of the copyright owner or the holder of the right.
f. Netgenetix reserves the right for any reason to remove without notice any content of this website received from you, including without limitation bulletin board postings. Netgenetix reserves the right to deny, in its sole discretion, any person access to this website or any portion thereof without notice. Netgenetix reserves the right to edit any notices of postings for clarity and length.

8. Indemnification
You agree to defend, indemnify and hold harmless Netgenetix, its affiliates and partners, and their respective directors, officers, employees and agents from and against all claims and expenses, including lawyers' fees, arising out of your use of this website.

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


10. Termination
Without limiting the foregoing, Netgenetix shall have the right to immediately terminate your access to this website in the event of any conduct by you which Netgenetix, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of any of these Terms of Use.


11. Governing Law
This site is created and controlled by Netgenetix in the Province of British Columbia, Canada. As such, the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, shall govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. Netgenetix reserves the right to make changes to its site and these disclaimers, terms and conditions at any time.

12. Promotional Materials
The general use of this site is free to the public and it’s members. You agree that in order to keep this free you may from time to time, not more than once a week, receive emails from from Netgenetix regarding PickUpHockey.com promotions and/or promotions from it’s sponsors and advertisers.

* TERMS AND CONDITIONS FOR THE PROVISION OF PRODUCTS AND SERVICES BY NETGENETIX
In addition to the general Terms of Use set out on this website, you agree to the following terms and conditions governing the offering by Netgenetix of the Products and Services available on this website.

1. Netgenetix agrees to provide the products (the "Products") and/or perform the services (the "Services") described on this website in accordance with the provisions hereof and as set out in the Order Forms.

2. Netgenetix shall have the sole right to supervise and direct the performance of the Services and shall in all respects act as an independent contractor.

3. Netgenetix shall be paid for the Products and/or the Services in accordance with the terms set out on the website or on the Order Form delivered to you electronically, in response to your Request for Products/Services.

4. Netgenetix represents and warrants to you that it shall carry out the Services in a workmanlike manner using reasonable care and diligence and, that at the time title passes, you will have good and clear title to the Products being sold hereunder, free and clear of all liens and encumbrances. All Products provided to you shall have such warranty, if any, as the manufacturer thereof provides. Netgenetix's sole responsibility under any such warranty will be, at Netgenetix's option, to either repair or replace any Products that fail during the warranty period due to a defect in workmanship and/or material. The above warranty is contingent upon proper use of the Products in accordance with the published specifications with respect to such Products.

THESE EXPRESS WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS (EXPRESS AND IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO OTHER WARRANTIES OR CONDITIONS EXPRESS OR IMPLIED ARE GIVEN. NETGENETIX AND YOU AGREE THAT FOR ANY BREACH OR DEFAULT BY NETGENETIX IN CONNECTION WITH THIS AGREEMENT, EVEN FOR A BREACH OF CONDITION OR FUNDAMENTAL TERM OR FOR A FUNDAMENTAL BREACH OR BREACHES, YOUR EXCLUSIVE REMEDY SHALL BE PAYMENT BY NETGENETIX OF YOUR DAMAGES, TO A MAXIMUM AMOUNT EQUAL TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT.

In no event shall Netgenetix have any liability for your loss of profits, loss of business revenue, failure to realize expected savings, other commercial or economic loss of any kind whatsoever or for any indirect, special or consequential damages even if advised of the possibility thereof. Nor shall Netgenetix be liable for failure to perform any of its obligations hereunder where such failure arises by reason of any cause beyond its reasonable control.

5. When making purchases or other transactions through this website, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the website. You agree to be bound by all of the terms and conditions on this website and on any applicable order form.

6. This website is controlled and operated by Netgenetix from its offices in the Province of British Columbia, Canada. The Products accessed through this website will be delivered directly to you. For Products delivered outside of British Columbia, you will be responsible for paying a delivery charge.

7. You agree that under no circumstances shall Netgenetix be held responsible or liable for situations where the data stored or communicated through this website are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Netgenetix at the time) which may exist in the network. Netgenetix simply stores and facilitates the transmission of private electronic communications. Electronic communications on this website are private, and only under situations where explicitly required or allowed by law will such communications be accessed, intercepted, disclosed, or used without the consent of at least one of the parties to the communication.

8. Your agreement with Netgenetix is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. This excludes the application of the United Nations Convention on the International Sale of Goods.

9. The parties have required that this agreement and all documents related hereto be prepared in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Please read our Privacy Policy