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Terms

TERMS OF USE

Please read these terms of use carefully prior to using this site, and all the sites listed under our brand, carefully. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to, and use of, this website, as well as all related websites operated by SPORTEXCEL INC. (the Company), which includes www.sportexcelclays.com and www.sportexcel.ca, among others, (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

Restrictions

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by SPORTEXCEL INC., (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.  

All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name SportExcel Inc., are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.   

We reserve the right to rescind any permission granted to you and terminate your access to any of the site(s) or our materials, paid or otherwise, should our content be distributed by you to others in contravention of our terms of use.  Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

Information collection and usage

SportExcel Inc. retains some information on this website for features such as: user login and commenting. SportExcel Inc. agrees to never sell or broker this information to third parties. SportExcel Inc. also agrees not share any information with anyone except certified SportExcel high performance trainers.

When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

Cookies

SportExcel Inc. uses cookies in order to operate certain features of the website. The cookies are not designed to attain any personally identifiable information. This technology is only used to enable features such as: user logins, referral tracking and email tracking. Cookies are a central element in providing a smooth user experience.

Links

These terms of use apply only to our Sites, and not to the Sites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other Sites may link to our Sites by permission only. To seek our permission, you may contact us at [email protected]. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.                                                                                               

While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

Forums

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders.

  • You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum.
  • You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law.
  • You may not use any forum in a commercial manner.
  • You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false.
  • You may not post or transmit any information, software or other material that contains a virus or other harmful component.
  • We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives.
  • We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.
  • We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable.
  • We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
  • By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed.
  • You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party.
  • Additionally, you warrant that any “moral rights” in posted materials have been waived.
  • You are not entitled to any compensation for any materials you may post on the Sites.
  • We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate. 

If you send comments or suggestions about the Sites to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Events, information, and program changes

The events, information, content, and programs listed on our Sites are subject to change without notification.

No professional advice

All products and services offered by SportExcel Inc. are for educational and informational purposes only – we do not give advice. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee about your ability to get results with our ideas, information, tools or strategies. Your results in life are up to you. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their accuracy, correctness, correction or reliability.  You accept all responsibility for evaluating your own potential as well as executing your own decisions for your life.  The company cannot and does not warrant or make any representations or guarantees regarding your success as each person is different.

The information contained in, or made available, through the Sites (including but not limited to information contained on message boards, forums OR in text files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we, nor our partners, or any of their, or our affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.                                                                               

Program access, guarantees, policies, and returns  

  • SportExcel Inc. guarantees your satisfaction with our products and/or services. The purchase of an online course or 1-on-1 Skype training package is 100% risk-free. If you are not completely satisfied we will make it right or refund your money within ten days of purchase. Simply send an email to: support at sportexcel.ca and we will process this refund back to your initial method of payment.
  • Refunds will not be provided after the ten (10) day period after initial purchase.
  • Refunds are not provided for fraudulent usage/scraping of materials from the website.
  • Refunds are never provided for excessive usage of materials by multiple parties (watching a significant number of courses and resources results in zero refund due to intellectual property risk of theft. 
  • Students who do not use all of the services are not eligible for a partial refund.
  • Course purchase is not transferable between parties or to subsequent years without written permission.
  • Installment payments are expected to be paid on time in full, without an equivalent value of delivered of service.
  • Failure to pay an installment payment will also result in your account being suspended within 48 hours of a missed installment.
  • We reserve the right to report your liability with us to a credit agency/collections agency.
  • Course terms may change at any time without warning.

Limitation of liability

Neither the Company nor any other party involved in creating, producing, or maintaining the site(s) and/or any content on the site(s) shall be liable under any circumstances for any special, indirect, incidental, punitive, reliance, or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder, or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised, or is aware of the possibility of such damages.

The company further does not warrant that the use of the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or its content is free from bugs, viruses, or other harmful components. You assume all responsibility for the cost of all necessary corrections or repairs.  The company shall not be responsible for any service or performance problems caused by any third-party website or third-party service provider. Any such problem will be governed solely by the agreement between you and that provider.   

Physical and digital material license  

  • There are no sublicense rights.
  • Sharing of the site and/or course materials is strictly against our terms and prohibited. Each course is designated for one person only unless otherwise specified.
  • Upon completion of the course, you agree not to resell, share, sublicense, donate, or gift any materials to any other party.
  • Sharing of materials also violates the Intellectual Property laws, Copyright Act. 

Termination of service

You may discontinue your participation in and access to the Sites and Services at any time. The Agreement will continue to apply to all past use of the Sites and Services by you, even if you are no longer using it. You acknowledge and agree that SportExcel Inc. and its affiliates may terminate or block your use of all or part of the Sites and Services without prior notice for any reason, including, without limitation, if SportExcel Inc. believes you have engaged in conduct prohibited by this Agreement. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Sites and Services and may bar your use of the Services.

Data transmission

The Company uses reasonable efforts to restrict unauthorized access to our data and files. We utilize Stripe, as a credit card processor which charges credit cards on their servers and pages on our behalf. This information is not stored on our servers.

However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

The Company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the Company. The Company reserves the right to refuse access to the Site and/or the Company’s content, services, and/or products to anyone in its sole discretion. The Company shall refuse any refund ten (10) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy as noted on our Sites. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.                                              

You agree to indemnify and hold the Company and each of its directors, officers, contractors, and/or agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, associates, 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.

Governance

This agreement shall be governed by, and construed, in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Terms of use revisions

The provisions of these Terms of Use are for the benefit of the Company, 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.

SportExcel Inc. reserves the right to change or modify this agreement at any time without notice. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. Additionally, you may refer to our Online Privacy Policy.

Questions

If you have any questions or concerns do hesitate to contact us by using the contact page or sending an email to support at support at sportexcel.ca.

 

Last Updated: July 10, 2021