TERMS AND CONDITIONS OF USE
Acceptance of the Website Terms and Conditions of Use
These website terms and conditions of use for https://intuitionliners.com, constitute a legal agreement and are entered into by and between you and INTUITION SPORTS INC. (hereinafter referred to as “Intuition Sports,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference, (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through https://intuitionliners.com (the “Website”).
By using this Website you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Intuition Sports and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Intuition Sports, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Intuition Sports’ name, the Intuition Sports logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Intuition Sports or its affiliates or licensors. You must not use such marks without the prior written permission of Intuition Sports. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;
(c) one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user license agreement for such downloads; and
(d) [in the event social media platforms, such as our Facebook, YouTube or Instagram are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit].
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Intuition Sports. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Website Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information, including but not limited to any information, opinions, comments, photos, feedback, ideas, product reviews a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submission(s)”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service. Intuition Sports claims no intellectual property rights over User Submissions and you acknowledge that we do not have any responsibility for ensuring the User Submissions’ compliance with any applicable legislation including copyright, intellectual property ownership or trademark. You agree, however, that with the exception of information contained in a User Submission that by its nature is inherently confidential (e.g. payment information), your User Submission will be treated as non-confidential and non-proprietary and you agree to allow others to view, comment on and branch your User Submission. Where applicable, you further acknowledge that you have reviewed and agree to any additional applicable terms and conditions posted on our website when submitting any User Submission, which may be governed by third party platforms.
Any feedback, comments or suggestions you may provide regarding Intuition Sports and or the Website is entirely voluntary, and we reserve the right to use or not use such feedback, comments or suggestions without obligation.
You understand and acknowledge that you, not Intuition Sports, have full responsibility for the content of any User Submission that you submit or contribute, including its legality, reliability, accuracy and appropriateness. Any User Submission uploaded, expressed or submitted to the Website, other than the content supplied by us, is solely the opinions and responsibility of the person or entity making the User Submission and does not necessarily reflect the views of Intuition Sports. We are not responsible, or liable to any third party for the content and accuracy of any User Submission posted by you or any other user of the Website.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Intuition Sports’ sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(e) Involve, provide, or contribute any false, inaccurate, or misleading information.
(f) Impersonate or attempt to impersonate Intuition Sports, an Intuition Sports employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(g) Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Intuition Sports or users of the Website or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
(l) Be likely to deceive any person, including Intuition Sports.
(m) Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including without limitation Intuition Sports.
(n) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
(o) Contain personal information that identifies an individual other than you, including any personal information that could identify a minor.
(p) Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the foregoing.
(collectively, the “User Submissions and Website Content Standards”).
User Submissions: Grant of License
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by Intuition Sports. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Website Content Standards set out in these Terms and Conditions.
You understand and agree that you, not Intuition Sports nor Intuition Sports’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Website Monitoring and Enforcement, Suspension, and Termination
Intuition Sports has the right, without provision of notice to:
- Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and Website Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS INTUITION SPORTS [AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS] FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY INTUITION SPORTS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER INTUITION SPORTS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither Intuition Sports nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Intuition Sports, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Intuition Sports. Neither Intuition Sports nor its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the conditions of use as set out herein and User Submissions and Website Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
All orders, purchases, product sales, or transactions for the sale of goods made using this Website are subject to the terms and conditions of sale found herein any other terms of sale specific to the purchase (collectively, the “Terms of Sale”). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, which are subject to change without notice at our discretion. All sizes and weights quoted are approximate. All prices listed on this Website are subject to confirmation. You agree to pay all charges payable for your order, including any applicable taxes. We reserve the right to limit the quantity of items that you may buy. We also reserve the right to cancel orders at our discretion. Price and availability information is subject to change without notice. While Intuition Sports takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed Intuition Sports will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product.
We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavour to notify users if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses or post office boxes.
We charge sales tax where required by law. If you are shipping to locations where sales tax is charged, the appropriate charges will be added to your merchandise total. Prices listed on our Website for products do not include charges for shipping and handling. Separate charges for tax and shipping will be itemized upon checkout.
Nothing in these Terms and Conditions, including the Terms of Sale, shall effect your legal rights under applicable consumer laws.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER INTUITION SPORTS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER INTUITION SPORTS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL INTUITION SPORTS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITE OR SUCH OTHER THIRD-PARTY WEBSITE, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Intuition Sports, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Except as expressly set out below, and unless applicable laws require otherwise, all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms and Conditions, or any related matter (each, a “Dispute”) will be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada in accordance with ICDR’s Canadian Arbitration Rules.
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at [email protected] with the following information:
- Your first and last name;
- Your address;
- A description of your claim in the Dispute; and
- A description of the relief you seek if the Dispute is not resolved within 45 business days of receiving your notification. If it is not resolved within 45 business days, you may pursue the Dispute in arbitration.
The arbitration will take place in Vancouver, BC, Canada and will be conducted in the English language. One arbitrator will be assigned to the Dispute. If ICDR Canada is not operative, the arbitration will proceed under the governance of British Columbia’s Arbitration Act (RSBC 1996, c 55). The arbitrator may award on an individual basis relief available in accordance with applicable law, and relief will only be awarded to the individual who is party to the Dispute.
Individuals who are not party to the Dispute will not receive relief. The award will be final and binding, except for any right of appeal provided by the ICDR, and may be entered in any court having jurisdiction over the individual for purposes of enforcement.
Unless applicable laws require otherwise, you have twelve (12) months after the date the Dispute between you and Intuition Sports arises to commence arbitration proceedings. After twelve (12) months, any and all proceedings by you regarding the Dispute will not be permitted and we shall be entitled to rely on these Term and Conditions as evidence of the agreed to limitation period. Any shorter time limit to commence proceedings that is provided for by applicable law remains unaffected.
Notwithstanding the foregoing, we may commence legal proceedings against you in the courts of any jurisdiction for the purpose of seeking injunctive relief or other legal remedies.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Reporting and Contact
This Website is operated by Intuition Sports Inc., 2010 West 6th Avenue, Suite #100, Vancouver, BC, V5Y 1K8.
All notices of copyright infringement claims should be sent to [email protected].
Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to Intuition Sports at [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].