TERMS OF SERVICE
1. DESCRIPTION OF THE SERVICE
The Apps and Service are operated and maintained by ATHLETE ERA TECHNOLOGIES LTD. (“Athlete Era”). Athlete Era provides mobile electronic learning services through a suite of mobile and web-based applications (apps) that distribute interactive educational media and provide users with assessment, communication, and planning software for supporting the educational experience (collectively referred to as the “Service”). All educational content distributed through the Apps and Service is reviewed within Athlete Era by both educational and exercise professionals to ensure it meets the highest quality standards possible. These individuals hold masters-level degrees in Education, Exercise Physiology, and Biomechanics obtained from registered postsecondary institutions. In addition, they hold professional certifications which include but are not limited to: Certified Strength and Conditioning Specialist (CSCS) through the National Strength and Conditioning Association (NSCA) and Certified Exercise Physiologist (CEP) through the Canadian Society for Exercise Physiology (CSEP).
Subscribing to the Service:
Upon subscribing to the paid version of the Apps and/or service offered by Athlete Era, Athlete Era may charge the users’ credit card linked to their App Store or Google Play account the amount associated with the subscription plan purchased by the user, plus all applicable federal and provincial taxes. Institutions that bulk purchase Athlete Era Apps and/or the Service have the option to pay the subscription amount, plus applicable taxes, through alternative means such as direct deposit, cheque or using third-party online transaction services such as Stripe and Pay-pal. Athlete Era requires full payment before you will be able to access the Apps and/or Service.
2. OWNERSHIP AND USE OF THE APPS, SERVICE AND ITS CONTENT
The Apps and Service information, digital content materials (3D animations, 3D characters, augmented reality scenes, text, videos, and images), unique user experience design elements and hypertext links to websites that are of interest to Athlete Era and its partners and the general public (the “Content”) is and shall remain, the sole property of Athlete Era and their partner organizations, where the use of, or access to the Apps and/or Service shall not transfer or assign to you any ownership or other proprietary rights in or to the Apps, Service or any Content. The Apps, Service, and Content are protected by all relevant Canadian and international copyrights. Trade-marks, trade names and designs appearing on the Apps and Service are the exclusive property of or are licensed to Athlete Era, where no use of a trade-mark, trade name or design appearing on the Apps and Service may be made without the prior written permission of Athlete Era or the owner thereof.
Data Mining and other Prohibited Uses:
Use of the Apps or Service for the sole purpose of scraping or mining data from or framing or mirroring of the Apps or Service by any method is strictly prohibited. You agree to not employ or utilize any collaborative browsing or display technologies.
User Generated Material Ownership and Conduct:
You are prohibited from posting or transmitting to or from the Apps or Service any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in Canada or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Web Privacy Statement:
Right to Suspend:
Athlete Era, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the Apps or Service at any time and may also impose limits on certain features and services, or restrict your access to parts or all of the Apps or Service, without notice or liability to you. Athlete Era reserves the right to terminate your account for any failure by you to comply with the foregoing or any other terms of this Agreement. The use of the Apps and/or Service is not available to individuals whose account has been terminated pursuant to this Agreement.
The Apps and Service may be accessed only by use of a user identification and password. You are responsible to ensure that your user identification and password are not disclosed to any other person and if you become aware of any unauthorized access, you are responsible to advise Athlete Era immediately. You are responsible for and hereby release Athlete Era from, and indemnify Athlete Era against, all claims, proceedings, liabilities, obligations, and costs resulting directly or indirectly from the use of your identification or password by the person to whom you disclosed them or by any other person.
4. LINKS TO OTHER WEBSITES
Links to third party websites on the company website and Apps are provided solely for your convenience. Athlete Era does not control and is not responsible for these websites or their content, and does not endorse or make any representations or warranties about them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk. If you have questions about the content of a particular third-party website, or information related to it, contact the person or organization responsible for that website. Access to this website for the purpose of browsing the Content via the World Wide Web is encouraged; ALL OTHER ATTEMPTS TO ACCESS OR USE THIS WEBSITE, APPS, SERVICE, THE RELATED COMPUTER SYSTEM OR ITS RESOURCES ARE UNAUTHORIZED. UNAUTHORIZED USE OF A COMPUTER SYSTEM IS A CRIMINAL OFFENCE IN CANADA.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE APPS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATHLETE ERA DOES NOT ACCEPT ANY LIABILITY WHATSOEVER FOR YOUR USE OF OR ACCESS TO THE APPS AND/OR SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW, ATHLETE ERA DISCLAIMS MAKING ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER IN RESPECT OF THE CONTENT OR THE APPS. ATHLETE ERA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE ARISING BY LAW, UNDER STATUTE, IN TRADE, BY COURSE OF DEALING OR OTHERWISE. Without limiting the foregoing, Athlete Era does not represent or warrant that:
access to the Apps or Service will be secure, timely, error- or virus-free, continuous or uninterrupted;
communications to or from the Apps or Service will be secure or free from interception;
The Apps or Service and the Content will be accurate, complete or current; or
errors, defects, and inaccuracies in the Apps or Service or the Content will be corrected.
ATHLETE ERA EXPRESSLY DISCLAIMS LIABILITY FOR ALL DAMAGES AND LOSSES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR ACCESS TO THE APPS, SERVICE OR THE CONTENT (INCLUDING HYPERTEXT LINKS PROVIDED ON THIS WEBSITE), INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER, SOFTWARE APPLICATION OR DATA BY ANY VIRUS THAT MIGHT BE TRANSMITTED OR ACTIVATED VIA THE APPS OR SERVICE OR ACCESS TO THE APPS OR SERVICE, ANY BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, AND CONTRAVENTION OF ANY LOCAL, NATIONAL OR INTERNATIONAL RESTRICTION ON THE PUBLICATION OR TRANSMISSION OF INFORMATION, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATHLETE ERA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. It is solely your responsibility to take precautions to ensure that whatever you access or download from the Internet is free of such items such as viruses, worms, Trojan horses and other items of a destructive nature. USERS WHO CREATE AN ACCOUNT FOR THE APPS OR SERVICE ACKNOWLEDGE THAT THEY ARE RESPONSIBLE FOR ENSURING APPROPRIATE ADULT SUPERVISION IS PROVIDED FOR YOUTH USING THE APPS OR SERVICE AND ALL PHYSICAL ACTIVITIES THAT OCCUR AS A RESULT OF THE USER EXPERIENCE FACILITATED BY THE EDUCATIONAL CONTENT DELIVERED THROUGH THE APPS OR SERVICE. ALL USERS OF THE APPS OR SERVICE SHOULD ENSURE THEY ARE HEALTHY ENOUGH TO ENGAGE IN PHYSICAL ACTIVITY THAT MAY RESULT FROM USING THE APPS OR SERVICE. YOU ACKNOWLEDGE ACCORDINGLY, ATHLETE ERA HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PHYSICAL INJURIES OR DAMAGES THAT MAY OCCUR AS A RESULT OF SUCH ACTIVITIES THAT OCCUR DURING USAGE OF THE APPS AND/OR SERVICE. IN NO EVENT WILL ATHLETE ERA BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT ATHLETE ERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. The foregoing limitations shall apply to the maximum extent permitted by law and shall survive indefinitely.
Athlete Era does not endorse any product or service available through any third-party website linked to this Website. Athlete Era makes no warranties or representations, express or implied, with respect to any products or services made available from third-party websites hypertext linked, directly or indirectly, to this Website.
6. GENERAL TERMS AND CONDITIONS
This Agreement, and your rights and obligations under this Agreement, may not be transferred or assigned by you without the prior written consent. Athlete Era may at any time assign this Agreement, including any of its rights and obligations hereunder, without your prior consent.
This Agreement shall be governed and construed in accordance with the laws of the Province of Saskatchewan, Canada, without regard to conflict of law rules and any dispute must be resolved before the Court of Queen's Bench for Saskatchewan, in the Judicial Centre of Regina.
Athlete Era may, in its sole and absolute discretion, amend this Agreement from time to time, provided, however, that Athlete Era will ensure that any such amendment will be made available to you on this Website. Your use of the Apps or Service after such amendments are posted by Athlete Era signifies your acceptance of those revised terms of this Agreement. You are responsible for periodically visiting this webpage to review the terms and conditions of this Agreement. You may not change, modify or amend this Agreement in any manner.
No consent or waiver by Athlete Era will be effective unless in writing and signed by an authorized representative of Athlete Era.
If any provision of this Agreement is invalid, illegal, or incapable of being enforced by reason of any rule of law or public policy, then such provision shall be severed from this Agreement and shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. All other provisions of this Agreement shall, nevertheless, remain in full force and effect and no provision shall be deemed dependent upon any other provision unless so expressed herein.
The provisions herein contained constitute the entire agreement between you and Athlete Era, and supersede all previous communications, representations, and agreements, whether oral, written or electronic, between you and Athlete Era, with respect to the subject matter hereof.
The terms and provisions of this Agreement ensure to the benefit of and are binding upon, you and your heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon Athlete Era and its successors and assigns. If you breach any provision of this Agreement, you may no longer use the Apps, Service, or any Content. Athlete Era may, in its sole and absolute discretion for any reason, cancel or terminate your right to use the Apps or Service at any time without notice, whereupon you are no longer authorized to use the Apps, Service, and the Content. In the event of any termination of this Agreement or your right to use the Apps, Service, and the Content, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use the Apps, Service and the Content. All provisions of this Agreement that by their nature are intended to continue after the termination of this Agreement shall survive and continue after such termination.
7. Your Comments or Concerns
We welcome your feedback. If you have any comments or concerns about these Terms of Service or would like to contact us for any reason, you may reach us at firstname.lastname@example.org. Skill Lab and AQ Coach are provided by Athlete Era Technologies Ltd., a legally registered corporation.
Athlete Era Head Office:
#229-116 Research Drive
Saskatoon, Saskatchewan, Canada, S7N 3R3