We hope you enjoy TeamGuru.ca and TeamGuru.net!
1. TERMS OF SERVICE
TeamGuru and it’s brand TeamGuru.ca and TeamGuru.net provide the Websites, the Content and the Services to you subject to the TOS. TEAMGURU may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Websites. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Websites, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
The TEAMGURU Parties currently provide users with various features and services, including bulletin boards, advertizing and listings, fan-to-fan chats, social media, shopping, auctions, Travel, and other interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of the TEAMGURU Parties. In addition, the TEAMGURU Parties also provide access to certain footage (video and audio), photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with the Club’s Choice, its business partner clubs and clients (collectively, the "Content"). The Basic Services and the Pay Services, including all features, services and Content on the Websites, are collectively referred to as the "Services". Unless stated otherwise, the Websites, the Services and the Content are subject to the TOS. You understand and agree that the Websites, the Services and the Content are provided "AS-IS" and that the TEAMGURU Entities (as defined below) assume no responsibility in connection with your use of the Websites, the Services or the Content. The Websites, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may download or stream certain Content and Services available on the Websites to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior written permission of TEAMGURU , which permission may be withheld in TEAMGURU 's sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose. TEAMGURU is not responsible for the Content's accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. TEAMGURU is not responsible to you or anyone else based on the content of the Content or Services.
3. ACCESS TO SERVICES
In order to use the Websites or the Services or access the Content, you must obtain access to the World Wide Web and pay any access fees, which are associated with the Pay Services/Shopping Cart as applicable. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. The Services are subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection. Programming, pricing, terms and conditions of Services are subject to availability and change.
4. USER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that the TEAMGURU Entities and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section 4
5. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not :
a. upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or that the TEAMGURU Parties judge to be otherwise objectionable, or that discloses personal or private matters concerning any person, restricts or inhibits any other person from using or enjoying any Website, or may expose the TEAMGURU Parties or their users to any harm or liability of any type, in each case as determined by the TEAMGURU Parties;
b. intimidate or harass another through either affirmative or passive means (offenders risk suspension and/or banishment from the Websites, as each member is solely responsible for his or her interactions with other members);
c. post topics with the sole purpose of starting a dispute; wish illness or injury on any member of the TEAMGURU or its affiliates, or on other Website members; or otherwise attempt to sow discord among any of the TEAMGURU business partner properties;
d. harm or attempt to harm minors in any way;
e. impersonate any person or entity, including, but not limited to, a Club’s Choice official, a TEAMGURU member club official, a current or former TEAMGURU business partner member club player or a Website forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
f. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
h. upload, post, email or otherwise transmit any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
i. harvest or collect email addresses or other contact information of other users from the Services or the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
j. upload, post, email or otherwise transmit any material that contains software viruses, worms, "Trojan Horses," or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k. interfere with or disrupt the Websites, the Services, the Content or servers or networks connected to the Websites, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, the Services or the Content; or
l. intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
The TEAMGURU and its business partners reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website members, and to resolve said disputes any way in which the TEAMGURU and its business partners see fit.
Do not forget that when using any public forum offered via any Website (e.g. TEAMGURU), your profile and posts of any kind (e.g. blogs, photos, videos, comments) are public. Refrain from posting anything you wouldn't want the world to know (e.g. your phone number, address, IM screen names, or specific whereabouts), and keep in mind that anything you post can be viewed by anyone - parents, extended family, teachers, boss, etc.
6. MODIFICATIONS TO WEBSITES, INCLUDING THE SERVICES
TEAMGURU reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites or the Services (or any part thereof) with or without notice. You agree that the TEAMGURU and its business partners shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or the Services; provided that TEAMGURU will provide a pro-rata refund for any Pay Services which are discontinued or otherwise cancelled prior to the conclusion of the term for which payment has been received.
You agree that the TEAMGURU, its business partners and their vendors, in their sole discretion, may terminate your password or use of the Websites and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if the TEAMGURU believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The TEAMGURU may also in their sole discretion and at any time discontinue providing the Websites or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the TEAMGURU and its business partners and their vendors may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the TEAMGURU shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided.
8. TEAMGURU ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the TEAMGURU and its business partners shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Websites or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Websites or in connection with the Services, including TEAMGURU Shopping Carts, shall be at your sole risk.
9. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Websites and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because the TEAMGURU has no control over such sites and resources, you acknowledge and agree that the TEAMGURU is not responsible for the availability of such external sites or resources and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the TEAMGURU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, or the actions of the operators of any such site or resource.
10. PROPRIETARY RIGHTS
You acknowledge and agree that (i) TEAMGURU, the TEAMGURU Logo, the word mark and image of TeamGuru.ca and TeamGuru.net, and TEAMGURU logos are trademarks of the Club’s Choice; (ii) all TEAMGURU logos and marks and TEAMGURU business partner club logos and marks as well as all other proprietary materials depicted on the Websites, the Services and the Content are the property of the TEAMGURU and the respective TEAMGURU business partner’s clubs or are licensed to the TEAMGURU Parties and may not be reproduced without the prior written consent of TEAMGURU (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, statistics, player biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed to TEAMGURU or one or more of the TEAMGURU business partners. You further acknowledge and agree that (i) any necessary software used in connection with the Websites, the Services and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to TEAMGURU and (ii) content contained in sponsor advertisements or information presented to you through the Websites, the Services and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the TEAMGURU or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Websites, the Services, the Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by the TEAMGURU and it business partners for use in accessing the Services. Other than a limited right of personal use in connection with your personal, non-commercial use of the Websites, the Services and the Content, you will have no rights to the Software.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT :
a. YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITES, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TEAMGURU AND ITS BUSINESS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. THE TEAMGURU AND ITS BUSINESS PARTNERS MAKE NO WARRANTY THAT (i) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITES, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE TEAMGURU AND ITS BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE TEAMGURU ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITES, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY THE TEAMGURU ENTITIES, THEIR AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE TEAMGURU AND ITS BUSINESS PARTNERS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TEAMGURU AND ITS BUSINESS PARTNERS TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
The TEAMGURU may provide notices to you via email or postal mail. The TEAMGURU may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Websites or by posting an amended TOS on the Websites. You may provide notices regarding all Websites that are not TEAMGURU business partner club Websites to TEAMGURU by email at firstname.lastname@example.org
15. TEAMGURU SHOPPING CART (“STORE”)
You may order products and services online from TEAMGURU Shopping Cart, the Official TEAMGURU Shopping Cart (the "Store"). By placing an order through the Store, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses, and to be bound by the other terms applicable to such services as described at the Store. Our third-party provider is solely responsible for the fulfillment of orders placed through the Store, for shipping products and for billing for products and services ordered through the Store. Visit the Store to find out how you may contact our third-party provider.