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ALETHEA SPORT INC. ("Alethea Sport") will allow you to access and use the Services (defined below) on the condition that you accept the terms and conditions set forth below in this website use agreement (the "Agreement"). 

IMPORTANT - READ BEFORE ACCESSING OR USING THE SERVICES.  BY SELECTING THE "I ACCEPT" BUTTON BELOW, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU SELECT "I DO NOT ACCEPT," ACTIVATION OF THE SERVICES WILL NOT BE PROVIDED.  DO NOT SELECT "I ACCEPT," ACCESS OR USE THE SERVICES UNTIL YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT WISH TO AGREE TO THIS AGREEMENT, DO NOT SELECT THE "I ACCEPT" BUTTON OR ACCESS OR USE THE SERVICES.

  1. Interpretation

In this Agreement, all references to "dollars" or "$" are to Canadian dollars unless stated otherwise.  The insertion of headings is solely for convenience of reference and shall not affect the interpretation of any provision.  Unless the context otherwise requires, words used herein importing the singular number only shall include the plural and vice versa, and words importing the use of any gender shall include all genders.  Where the word "including" is used in this Agreement, it means "including without limitation". References to the word “Section” means the numbered sections of this Agreement and “you” means you as the individual accessing the Site.

  1. Term

This Agreement shall be effective upon your agreeing to be bound by the terms of this Agreement and shall continue in effect unless terminated in accordance with the provisions set out herein (the “Term”).

  1. License

Subject to this Agreement, Alethea Sport hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide right to access and use the Site and the Services (each as defined below) solely for your own personal use during the Term (the "License").

  1. Services Provided

The Site consists of  competitive event information, including other user ratings, location, category and date of event, age group of various user ratings, user photos, general commentary of users and other Intellectual Property (defined below) (the “Site”), which shall provide a means for  you to view competitive events you may wish to participate in as an athlete and for competitive events that you have participated in as an athlete, so that you may review, rate and comment on such events (collectively, the “Services”).  

  1. Eligibility

The Services are only available to adults who have a valid event bib number from the competitive event for which you were a participant. You represent and warrant that you are an individual, you are of legal age to form a binding contract, and that all user information you submit is accurate and truthful. Alethea Sport may, in its sole discretion, refuse to offer the Services to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.

  1. User Conduct

In consideration of the availability and your use of the Services, you agree to comply with the terms of this Agreement and all applicable laws when using the Services.  You acknowledge that Alethea Sport may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.  In addition, unless otherwise permitted as part of the Licensed Rights, you agree not to:

  1. post, transmit, link to, or otherwise distribute any  materials, information, Reviews (defined below) or Content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet;
  2. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, threatening, harassing, or unlawful material or information;
  3. post, transmit, link to, or otherwise distribute any information, materials, Reviews or Content (including for greater certainty, software) which contains a virus or other harmful or disruptive component;
  4. interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services;
  5. use or attempt to use another's account, password or other information without the prior written authorization of Alethea Sport, or create or use a false identity for use in connection with the Services;
  6. access the Services for the purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose;
  7. access the Site by means other than through the interfaces provided by Alethea Sport for use in accessing the Site;
  8. attempt to obtain unauthorized access to the Services or portions of the Services which are restricted from general access;
  9. transfer the Services or any right to use the Services to any third party, or grant any rights in or access to the Services in any form to any other person or entity; or
  10. exercise any rights with respect to the Services other than those expressly granted in this Agreement.

The text, links, graphics, photos, audio, videos, data, code or other materials or arrangements of materials that you contribute, submit, transmit and/or post to or through the Services shall be referred to as “your Review”, “Review of yours”, “Review you submit” and/or “Reviews.

 

The Content available on and through the Services, as well as the infrastructure used to provide such Content and Services is proprietary to Alethea Sport or licensed to Alethea Sport by third parties. For all Content other than Reviews you have contributed to the website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

(i) use the Services or Content for any commercial purpose;

(ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;

(vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;

(vii) attempt to modify, translate, edit, disassemble or reverse engineer any software programs used in connection with the Services; or

(viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.

When you provide your Review to or through the Services using any means, you grant Alethea Sport a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) host, use, reproduce, modify, run, translate, distribute, create derivative works from and publicly display such Review anywhere in the world in any media, now known or hereafter devised; (b) make your Review available to the rest of the world; (c) to provide, promote, and improve the Services and to make your Review shared on the Services available to other companies, organisations or individuals, subject to our Privacy Policy; and (d) use the name and/or trademark that you submit in connection with such Review. Alethea Sport may or may not attribute your Review as yours, at our discretion. You acknowledge and agree that your Review is not confidential or proprietary.

 

You represent and warrant that you own or have a license to the rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Alethea Sport to publish and otherwise use) your Review as authorised under this Agreement.  This includes all photos you may post for which you must have express permission from the photographer to display on the Site.

 

You hereby waive any and all moral rights in any of your Review; and you forever release Alethea Sport and its licensees, successors and assigns, from any claims that you could otherwise assert against Alethea Sport by virtue of any such moral rights.

 

The Services may contain discussion forums, bulletin boards, review services, competitive event feeds or other forums in which you may post your Review, such as reviews of competitive event experiences, messages, materials or other items ("Event Forum"). You are solely responsible for your use of such Event Forum and use it at your own risk. We do not guarantee any confidentiality of your Review that you provide.  Alethea Sport does not edit or control the user messages posted to or distributed through the Services and will not be in any way responsible or liable for such messaging.  Alethea Sport reserves the right to remove without notice any messaging or other Review from the Services, if such Review breaches this Agreement or is reasonably necessary to protect Alethea Sport’s rights and/or other users of the Services. You expressly agree only to submit Review that complies with Alethea Sport’s published guidelines, as are in force at the time of submission and made available to you by us.  You will not otherwise post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Review of yours that:

  1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Provides instructional information about illegal activities;
  4. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  5. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  6. Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  7. Is personal information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
  8. are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
  9. Is unrelated to the topic of the Event Forums(s) in which such Review is posted; or
  10. Otherwise may expose Alethea Sport to any damages or liability of any type.

 

  1. Registration

As a condition to using the Services, you will be required to register a user account with Alethea Sport and select an ID and password ("User ID"). By using the Site, you shall provide Alethea Sport with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Alethea Sport account.

  1. Account Security

By using the Site, you shall not (i) select or use the User ID of another person with the intent to impersonate that person; (ii) use the User ID subject of a person other than you; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Alethea Sport reserves the right to refuse registration of or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your User ID and shall be responsible for maintaining the confidentiality of your Alethea Sport password. You agree to (a) notify Alethea Sport immediately if you suspect or become aware of any unauthorized use of your User ID or other breach of security, (b) notify Alethea Sport immediately if you lose your User ID, and (c) ensure that you exit from your account at the end of each session..

  1. Third Party Suppliers.

Alethea Sport is not an agent of the competitive events, products or services linked or referred to on the Site and it does not offer registration, transportation services or accommodations at the competitive events. Although Alethea Sport displays information about competitive events offered by third-party competitive event producers this shall not be interpreted as a sponsorship, influencer or approval of those third-parties, or any affiliation between Alethea Sport and third-party competitive event producer(s). We are not in any way affiliated with, and do not endorse or recommend, the products or services of any third-party, including without limitation, competitive events, retailers and suppliers. We do not endorse any Review posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and Alethea Sport expressly disclaims any and all liability in connection with such Review. Alethea Sport is not responsible for the accuracy or completeness of information obtained and displayed from third-party suppliers.

The Services may link you to competitive event sites or other sites that Alethea Sport does not operate or control. For further information, please refer to the “Links” section.

  1. Links

The Services may contain pop-ups and hyperlinks to websites operated by third parties. These pop-ups and hyperlinks are available at your sole risk of use and we do not control those websites nor are we responsible for their contents or the privacy or other practices of such websites. You are responsible to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.

  1. Apps and Software

The software to operate the Services, also referred to as “apps” (“Software”), is the copyrighted work of Alethea Sport or a third party service provider. Your use of such Software is governed by the terms of the end user licence agreement, if any, which accompanies, or is included with, the Software. You may not install an app or use any Software that includes a licence agreement unless you first agree to its terms. For all other Software for the Services, we hereby grant to you, the user, a limited, personal, nontransferable licence to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.

Please note that the Software is owned or licensed by Alethea Sport, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe penalties. Violators will be prosecuted to the maximum extent possible.

COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

 

  1. Termination

You may terminate your license to use the Site and the Services at any time. In the event of a breach of this Agreement, Alethea Sport may, in its sole discretion, terminate all access to, or use of the Services.  Upon the termination of this Agreement you shall cease using the Services and accessing the Site. If this Agreement is terminated by Alethea Sport for beach of the Agreement, Alethea Sport shall not be obligated to retain any Review or information from  your account or User ID. Alethea Sport shall not be liable for any loss of Review or information.

Alethea Sport reserves the right to refuse service, suspend Site use, remove or edit Reviews, or terminate accounts in its sole discretion.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Liability Disclaimer

THE SERVICES ARE provided on an "as is" basis.  ALETHEA SPORT EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ALETHEA SPORT MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS or expectations; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; or (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

 

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Services IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

  1. Limitation of Liability

Alethea Sport and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of profits, goodwill, use, data or other intangible losses (even if Alethea Sport has been advised of the possibility of such damages), in contract (including fundamental breach), tort (including negligence) or any other cause of action, resulting from: (i) the use or the inability to use the Services; (ii) unauthorized access to or alteration of your transmissions or data; (III) or (iv) any other matter relating to the Services. This limitation of liability applies, without limitation, to (i) any damages or injury caused by any error, omission or other failure of performance by Alethea Sport, its affiliates and business partners; (ii) any interruption, defect or delay in operation or transmission, including communication line failure; (iii) any computer virus; and (iv) any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records OR DATA.

 

IN ANY EVENT, Alethea Sport's total liability for any and all damages whatsoever arising out of or in any way related to the Services from any cause, including contract liability or Alethea Sport's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed $100.00.

 

  1. Indemnity

You agree to indemnify, defend and hold harmless Alethea Sport and each of its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns from and against any claims, actions or demands, including legal fees arising from your access to and use of the Services, any violation of this Agreement by you or any third party using your account or any violation of applicable law or rights properly belonging to another party by you.

  1. Confidential Information

You acknowledge and agree that the Services were developed at considerable time and expense by Alethea Sport and is confidential to and contains trade secrets of Alethea Sport.  You agree to maintain the Services in the strictest of confidence and not to disclose or provide access thereto to any other person.

  1. Ownership of Data

All the Reviews submitted by you to Alethea Sport (the “Data”) shall be owned by Alethea Sport.  You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and right to use of all Data submitted by you for use in connection with the Services and Alethea Sport shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

  1. Intellectual Property

All intellectual property or other proprietary rights, including patents, designs, trade-marks, copyrights or other rights in any confidential information or trade-secrets (“Intellectual Property Rights”) in or relating to the Data is irrevocably assigned to Alethea Sport and you do not otherwise own Intellectual Property Rights in the Services or any part thereof.  Furthermore, you do not acquire any rights in or related to the Services or any part thereof, other than the rights expressly licensed to you under this Agreement. ALETHEA SPORT, its logo and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of Alethea Sport and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alethea Sport. In addition, the look and feel of the Services, including our websites, is the trade dress of Alethea Sport and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alethea Sport. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners.

 

All content included on the Site (including, without limitation, the design, text, software, graphics, trade-marks, service marks, logos, slogans and internet domain names as well as any audio or video), and any selection or arrangement thereof (the "Content"), is the exclusive property of Alethea Sport or its licensors and is protected by international copyright, trade-mark, service marks, patents, or other proprietary rights and laws.  All such rights therein are expressly reserved by Alethea Sport.

None of the Content may be otherwise (except for the specific purpose of accessing the Site and using the Services) downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of Alethea Sport.  The Alethea Sport name and logo are trade-marks and copyrights of Alethea Sport Inc.

 

 

  1. Privacy and Protection of Personal Information

Alethea Sport respects the privacy and confidentiality of your personal information.  Alethea Sport does not collect your personal information, except where you provide such information in the course of using the Services or submitting Data.  By submitting personal information to Alethea Sport through the use of the Services, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form.  The general policies of Alethea Sport with respect to the collection, use and disclosure of personal information are reflected in Alethea Sport's privacy policy, found at http://www.Alethea Sport.com  (the "Privacy Policy") and any questions in that regard may be directed to Alethea Sport's privacy officer (as identified in the Privacy Policy).  Should Alethea Sport change its Privacy Policy, the revised policy will be posted prominently on the Alethea Sport website located at http://www.Alethea Sport.com, or it will be otherwise brought to your attention.

  1. Cookies and Web Beacons

To enhance your experience with the Site, Alethea Sport reserves the right to use "cookies" ("Cookies").  Cookies are text files we place in your computer's browser to store your preferences.  Cookies, by themselves, do not tell Alethea Sport your e-mail address or other personal information unless you choose to provide this information to Alethea Sport.  However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the Cookie.

Alethea Sport uses Cookies to understand Site usage and to improve the content and offerings on the Site.  For example, we may use Cookies to personalize your experience at the Site (e.g., to recognize you by name when you return to the Site), or save your password in password-protected areas.  We also may use Cookies to offer you products, programs, or services.

"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page.  For example, web beacons can be used to count the users who visit a web page or to deliver a Cookie to the browser of a visitor viewing that page.  We may use web beacons on this Site from time to time for this and other purposes.

  1. Changes to Terms and Conditions

Alethea Sport reserves the right to modify, add to, delete from, alter or update this Agreement (each a "Change") without notice at any time.  Any Changes will be posted to http://www.Alethea Sport.com  and it is your responsibility to ensure that you are aware of any such Change from time to time.  Changes will become effective 24 hours after they are first posted and you will be deemed to have accepted any Changes if you continue to use the Services after that time. 

 

  1. Notices

Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered by person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed to you at the billing address supplied to Alethea Sport by you, and to Alethea Sport at Alethea Sport Inc. PO Box 94095, Elbow River Postal Outlet, Calgary AB, T2S 0S4  In addition to the foregoing, Alethea Sport may, at its option, give you any notice under this Agreement electronically, and such electronic notice shall be deemed to have been duly given when transmitted to an address provided by you to Alethea Sport.

 

  1. Severability

This Agreement shall operate to the fullest extent permissible by law.  Each provision of this Agreement is intended to be severable and if any provision is determined by a court of competent jurisdiction to be illegal or invalid or unenforceable for any reason whatsoever, such provision shall be severed from this Agreement and will not affect the legality or validity or enforceability of the remainder of this Agreement or any other provision hereof.

 

  1. Waiver

The waiver by a party of a breach of this Agreement shall not be effective unless in writing executed by such party and shall not be construed as a waiver of any subsequent breach of the same or any other provision, nor shall any delay or omission by a party to exercise any of its rights or remedies operate as a waiver of any right or remedy.

  1. Force Majeure

Neither party shall be liable for any delay or failure to perform to the extent due to causes beyond its reasonable control.

  1. Assignment

You shall not assign, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement or any of its rights or obligations under this Agreement without the prior written consent of Alethea Sport, in its sole discretion.  Any purported assignment, sale, transfer, delegation or other disposition by a party, except as permitted herein, shall be null and void. Alethea Sport may assign this Agreement without your consent.

  1. Governing Law

This Agreement shall be deemed to have been made and performed exclusively in Alberta and shall be governed by and interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of laws principles.  You agree to submit to the exclusive forum, jurisdiction and venue of the courts of Alberta for any claim related to this Agreement and you agree not to bring any action, suit or proceeding against Alethea Sport, its officers, directors, employees, affiliates and other related entities, agents, representatives, successors and assigns in any jurisdiction other than Alberta.

 

  1. Survival

The terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the performance hereof shall so survive the completion of performance, cancellation or termination of this Agreement.

  1. Entire Agreement

This Agreement and Alethea Sport's Privacy Policy, together, constitute the entire agreement between you and Alethea Sport with respect to the Services.  Alethea Sport's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right of Alethea Sport. 

 

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED