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December 12, 2022
Peterborough has the potential to serve as a host city for national pickleball championships, according to a group of local players, but first, city facilities need to catch up with the community interest.…
June 09, 2022
This day celebrates the tremendous efforts by women and girls around the world in shaping a more equal future and recovery from the COVID-19 pandemic and highlights the gaps that remain. Women’s full…
June 09, 2022
This day celebrates the tremendous efforts by women and girls around the world in shaping a more equal future and recovery from the COVID-19 pandemic and highlights the gaps that remain. Women’s full…
October 15, 2022
The second Nike Pickleball Sports Camp has wrapped up and I just wanted to mention how much of a blast I’m having so far with them! The coaches, assistant coaches and program volunteers…
September 15, 2022
Chatham-Kent Council will be asked to weigh in on whether to proceed with the development of up to 10 pickleball courts throughout the community in the wake of the provincial ...
August 27, 2022
The provincial funds cover approximately 80 per cent of court construction. Chatham-Kent Chief Administrative Officer Don Shropshire thanked the province, noting support from senior levels of government is always gratifying. Chatham-Kent Council will…
June 09, 2022
This day celebrates the tremendous efforts by women and girls around the world in shaping a more equal future and recovery from the COVID-19 pandemic and highlights the gaps that remain. Women’s full…
October 15, 2022
The second Nike Pickleball Sports Camp has wrapped up and I just wanted to mention how much of a blast I’m having so far with them! The coaches, assistant coaches and program volunteers…
September 15, 2022
Chatham-Kent Council will be asked to weigh in on whether to proceed with the development of up to 10 pickleball courts throughout the community in the wake of the provincial ... The Town…
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Copyright 2023-2024 Pickleball Ontario. All Rights Reserved
TERMS OF USE
Updated: 4/04/23
Thank you for using PICKLEBALL ONTARIO. The PICKLEBALL ONTARIO website available at www.pickleballontariocs.org is owned and operated by PICKLEBALL ONTARIO (“PO,” “we” or “us”). PICKLEBALL ONTARIO is the governing body of the sport of pickleball in the province of Ontario. These Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”) govern your access to and use of our applications, various websites (including www.pickleballontario.org), widgets, email notifications, push notifications, and other mediums, or portions of such mediums, including our online and offline services and products (collectively, our “Services”).
Please read this Agreement and the Privacy Policy carefully before you download, install, access or use our Services. By downloading, installing, accessing or using our Services, you agree to be bound by this Agreement and the Privacy Policy. Your download, installation, access or use of our Services constitutes your acceptance of this Agreement and the Privacy Policy, which takes effect on the date on which you download, install, access or use our Services. If you do not agree with this Agreement or the Privacy Policy, you should cease downloading, installing, accessing or using our Services immediately.
This Agreement contains an agreement to arbitrate all claims and disclaimers of warranties and liability. You may pursue claims against us only on an individual basis, and not as part of any class or representative action or proceeding, and you may seek relief (including monetary, injunctive and declaratory relief) only on an individual basis.
We may immediately terminate your access to or use of our Services if you fail to comply with any provision of this Agreement.
Consideration and Your Compliance with this Agreement
You acknowledge that this Agreement and the Privacy Policy are each supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged. Such consideration includes your ability to download, install, access or use our Services. You represent that you have the capacity to be bound by this Agreement and the Privacy Policy, or if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy.
Minors
If you are below the age of 18, you may only download, install, access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and our Terms and Conditions. We only collect information from children under 18 which is necessary for participation. In addition, we have provided parents and legal guardians with the ability to review the type of personal information currently collected about their respective children under 18, to have that information deleted, and to request that no further personal information be collected by us.
Your Access and Use of Our Services
Your right to download, install, access or use our Services is personal to you and is not transferable by you to any other person or entity. You are entitled to download, install, access or use our Services only for lawful, non-commercial purposes and only pursuant to the terms and conditions set forth in this Agreement and the Privacy Policy.
Your access and use of our Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we may, in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services at any time in our sole discretion and without prior notice to you. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to all or any part of our Services by users.
You will not, and you will not attempt to or otherwise authorize, encourage or support a third party’s attempts to, do any of the following, as determined by us, in our sole discretion, each of which may result in your loss of the right to access and use our Services: (i) violate this Agreement or the Privacy Policy; (ii) restrict, inhibit or prevent any access, use or enjoyment of our Services; or (iii) through the use of our Services, defame, abuse, harass, offend or threaten anyone or any entity. You may not metatag or frame our Services without our prior written permission, which may be withheld in our sole discretion. You are solely responsible for making all arrangements necessary for you to access our Services.
Your Information and Security
Integrity of Your Information. To download, install, access or use our Services, you may be required to provide certain registration details or other information (“Your Information”). If you provide Your Information to us, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and update Your Information if any of Your Information changes. Our collection, use and disclosure of Your Information are governed by this Agreement and our Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, or use a password you have created with a third party, then it is your sole responsibility to maintain the security of that password. We will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You will not allow any minor to use our Services via your registration or password. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of this Agreement.
You Must Notify Us of a Breach. You will immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on or through our Services by contacting us at admin@picickleballontario.org.
You Must Comply with this Agreement and All Applicable Law. You will comply with the terms of this Agreement and all applicable provincial, national and international laws, regulations or rules. You will not submit to our Services any User Generated Content (as defined below) or other material that is contrary to this Agreement (including the Community Standards described below) or applicable provincial national or international laws, regulations or rules.
User Generated Content
Our Services may contain message boards, ratings, surveys, forums, bulletin boards, accounts, and other features that allow you and other users to publish, post, submit, transmit or display (collectively, “post”) information (including public or private messages, ratings, surveys and other content) on or through our Services to other users of our Services or third parties (“User Generated Content”). We do not approve or endorse any User Generated Content, and we have no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity. You are solely responsible for the quality, correctness, timeliness, safety, truth, accuracy or legality of your User Generated Content. You may find User Generated Content posted by other users to be offensive, harmful, indecent, inaccurate or deceptive. You hereby waive any legal or equitable rights or remedies you have or may have against us with respect to User Generated Content. Please use caution and common sense, and do not rely solely on User Generated Content published through our Services. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content, we reserve the right, but not the obligation, to remove or edit any User Generated Content, at any time and for any or no reason.
Please immediately report problems with the User Generated Content to us at admin@pickleballontario.org.
Community Standards
These community standards apply to any and all access or use of our Services and User Generated Content. All access or use of our Services and User Generated Content must, in its entirety, comply with all provincial, national and international laws, ordinances and regulations. Without limiting the foregoing, your access and use of our Services and User Generated Content must not:
- Contain or promote any material that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party’s rights of publicity or privacy;
- Promote, contain or cause sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, color, pregnancy, national origin, marital status, gender identity or expression, genetic information or any other characteristic protected by provincial and federal law;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (including our rights);
- 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 this Agreement or the Privacy Policy;
- Contain or promote any material that is false, inaccurate or misleading;
- Purchase or otherwise order alcohol unless you and the alcohol recipient are at least 21 years of age;
- Represent or promote a personal opinion as that of PO, or, to the extent you have an affiliation with us, represent or promote a personal opinion without disclosing your affiliation and including a disclaimer that your views do not represent our views (for instance, “the views in this posting reflect my personal views and do not represent the views of PO”);
- Circumvent user authentication or security of any host, network or account;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Involve, contain or cause commercial advertisements or solicitations, including contests, sweepstakes, other sales promotions, barter or advertising, without our prior written consent, which consent may be withheld in our sole discretion;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Stalk, harass or harm another person;
- Interfere with or disrupt our Services, or disobey any requirements, procedures, policies or regulations provided to you from time to time in connection with our Services (including this Agreement or the Privacy Policy);
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve or contain federally trademarked or copyrighted information without our prior written permission;
- Contain, constitute or transmit chain letters, mass mailings, political campaigning or any form of “spam”; or
- Contain, transmit or cause any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that encompass contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Contain material that PO in its sole discretion deems harmful to its mission, brand or member and customer relations.
If you are unsure about the appropriateness of any access or use of our Services, or User Generated Content related to any of our Services, you must refrain from such access or use, or from posting or communicating any such User Generated Content until you receive express prior written approval from us.
If you see content or conduct in connection with our Services that reflects poorly on us, our employees or other representatives, please notify admin@pickleballontario.org immediately.
Transmissions, Submissions and Postings to Our Services
If you transmit, submit or post information to our Services (including User Generated Content) that is not federally trademarked or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish, distribute, create derivative works from, or incorporate any or all such information in any media whatsoever, including the Content. Provided that you have obtained prior written permission from us to transmit, submit or post information to our Services that is federally trademarked or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish, distribute, create derivative works from or incorporate any or all such information in any media whatsoever, including the Content. You also grant each user of our Services a non-exclusive license to access your User Generated Content through the Services, and to use, reproduce, distribute and display such User Generated Content as permitted through the functionality of the Services and under this Agreement. The above licenses granted by you are perpetual and irrevocable.
You are solely responsible for all your transmissions, submissions or postings (for example, your own User Generated Content) and the consequences of transmitting, submitting or posting them. We assume no liability for any action or inaction regarding transmissions, submissions or postings by you or any other user or third party.
Although we do not regularly review your transmissions, submissions or postings, we may, at our sole discretion and at any time, edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to our Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.
Without limiting the foregoing, we have the right to:
- Take any action with respect to any User Generated Content that we deem necessary or appropriate, in our sole discretion, including removal of any User Generated Content if we believe, in our sole opinion, that such User Generated Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Services or the public or could create liability for us.
- Take appropriate legal action, including referral to law enforcement for any illegal or unauthorized use of our Services.
Terminate or suspend your access to all or part of our Services for any or no reason, including any violation of this Agreement. - 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 our Services. YOU WAIVE AND HOLD US (AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF THEIR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Our Intellectual Property Rights
Our Services and their entire contents, features and functionality (including all information, text [including “PO” and “PICKLEBALL ONTARIO], software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts and service names, and the design, selection and arrangement of the foregoing) are owned by us, our licensors or other providers of such material and are protected by Canadian or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Services. Any third-party names, trademarks and service marks are property of their respective owners.
The information, ratings, surveys, advice, data, software and content viewable on, contained in or downloadable from our Services (collectively, the “Content”), including all text, graphics, charts, pictures, photographs, videos, images, line art, icons and renditions, are copyrighted or trademarked by, or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on or within our Services is our property or the property of our software vendors and is protected by Canadian and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content (including the software) or the Collective Work.
You are solely responsible for any damages resulting from your infringement of our or any third party’s intellectual property rights regarding the Proprietary Marks, the Content (including the software), the Collective Work or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the Proprietary Marks, the Content (including the software) or the Collective Work for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Subject to your compliance with this Agreement, and subject to and without limiting any additional and applicable terms and conditions regarding the use of certain Content, we grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, in each case solely for your non-commercial use; provided, however, that you will not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not (a) modify the Content or the Collective Work; (b) utilize the Content or the Collective Work for any commercial purpose or any other public display, performance, sale or rental; (c) decompile, reverse engineer or disassemble the Content and the Collective Work; or (d) transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the Canadian, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as expressly permitted by this Agreement, is permitted by you without our prior written permission, which may be withheld in our sole discretion. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks, or provide links to or frame our Services, without our prior written permission, which may be withheld in our sole discretion.
Access and Interference
You will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission, which may be withheld in our sole discretion. Additionally, you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content or Collective Work (except for Your Information) from our Services without our prior written permission, which may be withheld in our sole discretion, and the permission of the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by PO or any of PO’s third-party service providers or any other third party (including another user) to prevent or restrict access to our Services; (v) access or use non-public areas of the Services, PO’s computer systems or the technical delivery systems of PO’s third-party service providers; or (vi) attempt to probe, scan or test the vulnerability of any PO system or network or breach any security or authentication measures. We may, without prior notice to you, immediately disconnect your access to and use of our Services if you interfere or disrupt our Services.
Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our Services for the sole purpose of, and solely to the extent necessary, creating publicly available search indices of the materials on or within our Services, but not caches or archives of such materials. We may revoke these exceptions either generally or in specific cases. You will not collect or harvest any personally identifiable information, including account names, from our Services. You will not use any communication systems provided on our Services (such as messaging features or email) for any commercial or solicitation purposes. You will not solicit for commercial purposes any users of our Services via image, video, text or any other method without our prior written consent, which may be withheld in our sole discretion.
Our Products and Services
You may have the ability to purchase services or products (collectively, “Products”) on or through our Services (a “Transaction”). All Transactions are governed by this Agreement. Advertised prices and available quantities are subject to change without notice. We may, in our sole discretion and without any notice to you, limit, change or restrict our Product offerings to you for any or no reason, subject to applicable laws. Our Services may contain technical inaccuracies and typographical or other errors in connection with the Products, including prices or available quantities applicable to a Transaction. We make no representations and assume no responsibility as to the completeness, accuracy or timeliness of any Content on or describing our Services (including any features, reviews, ratings, specifications, policies and prices and available quantities). We may, in our sole discretion, honor Transactions or information affected by any errors, inaccuracies or omissions in connection with our Services. We may make changes, corrections, cancellations or improvements to our Services, and to the related Products, at any time without notice, including after confirmation of a Transaction.
Transactions
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your name, your credit card number and its expiration date and your billing address. You represent and warrant that you have the right to use any credit card or third-party payment processing account that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions and you agree that we and any of our third-party payment processors are authorized to immediately debit or credit your account for all applicable fees and charges and that no additional notice or consent is required. You will pay all charges incurred by you or on your behalf through our Services, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Transactions.
You will immediately notify us of any change in your payment and financial information. We reserve the right at any time to change prices and billing methods. All information that you provide to us or our third-party payment processors must be accurate, current and complete. Verification of information may be required prior to the acknowledgment or completion of any Transaction. If you have any concerns or objections regarding charges, you agree to raise them with us first, and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt to resolve the matter directly with us.
By making a Transaction, you represent and warrant that the applicable Products will be used only in a lawful manner, and all Products purchased by you are for personal or gift use and not for commercial use or resale. We may, in our sole discretion and without prior notice, (i) limit the available quantity of or discontinue making available any Product; (ii) impose conditions on the honoring of any coupon, discount or similar promotion; (iii) bar any user from making any Transaction; and (iv) refuse to provide any user with any Product. Cancellations, refunds and exchanges are subject to our applicable cancellation, refund and exchange policies, including such policies set forth in this Agreement and any Other Terms (as defined below) that may be provided to you separately.
We are not responsible for communication failures, errors, difficulties or other malfunctions or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with our Services. We are not responsible for any incorrect information associated with any Transaction on or to our Services regardless of whether such incident is the result of user error, system error or human error. We may, in our sole discretion, cancel or reverse any payment, even if it has been previously confirmed by us, as a result of any mistake or error, including any mistaken pricing or service description or other error.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE, OR INTERCEPTION OR USE OF CREDIT CARD OR FINANCIAL INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF OUR SERVICES OR ANY LINKS ASSOCIATED WITH OUR SERVICES. ALL TRANSACTIONS ARE NON-REFUNDABLE.
Your Communication and Interaction with Other PO Users
You are responsible for your interactions and exchanges with other PO users (including any delivery or pick-up of any order). PO will not be responsible for any communication, interaction or provision of services between or among PO users whatsoever. You agree and understand that (i) we have no control over the conduct of any PO user; (ii) any claims or causes of action arising out of any action or inaction of any PO user will be exclusively between you and such user, and not us; and (iii) we disclaim any and all liability relating to your interactions with any PO user. Any representations made to you by any PO user are made solely at the discretion and risk of such user and we have no way to monitor or validate, and will not be responsible or liable in any way for, any representations or statements made to you by any PO user. We will have no liability to you for any statements or representations made by any PO user to you as a result of your use of our Services.
Third-Party Materials
There may be provided on or through our Services links or access to other websites, mediums, content or materials belonging to advertisers, business partners, affiliates and other third parties. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of the third-party links or the products or services of those third parties. We do not guarantee that the terms, prices or other content offered by any particular advertiser, sponsor, business partner, affiliate or other third party on or through our Services are accurate or the best terms or lowest or best prices available in the market.
You acknowledge and agree that we are not responsible for any third-party materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Third-party materials may contain information with which we may or may not agree. All third-party materials and links are provided solely as a convenience to you. If you decide to access any of the third-party websites or mediums, you do so entirely at your own risk and subject to the terms and conditions of use of such third-party websites and mediums.
Promotions
As provided in our Privacy Policy, we or our third-party service providers may mail, email, telephone or contact you by other means to notify you of exclusive offers, events, updates, sweepstakes, contests or other promotions (collectively, “Promotions”). We also may display or provide information regarding such Promotions on our Services. All Promotions may be governed by any associated rules posted in connection with such Promotions, which are expressly incorporated by reference into this Agreement. Please refer to and read carefully such other terms and conditions. To the extent that such other terms and conditions conflict with this Agreement, such other terms and conditions will apply and control.
Promotions may require you to provide Your Information (subject to this Agreement) in order to participate. Each Promotion is (i) void where prohibited by applicable laws, regulations or rules; (ii) not applicable to prior purchases and cannot be combined with any other offer, discount or coupon; and (iii) subject to availability and while stock or supplies lasts. We may, in our sole discretion and without any notice to you, alter, change, withdraw or cancel any Promotion, or any person’s participation in any Promotion, at any time for any reason. For instance, we may disqualify entries for any Promotion that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent has not been provided.
Unless the associated rules posted in connection with a Promotion provide otherwise, (a) entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted; (b) use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified; (c) Promotions are not open to our employees (or their immediate families) or anyone else professionally associated with such Promotion; (d) you are solely responsible for all taxes in connection with your participation in any Promotion, except we reserve the right to withhold applicable taxes, and you agree to complete any required tax forms as reasonably requested by us; (e) no prize or entry in connection with a Promotion is transferable, refundable and negotiable, and no prize may be exchangeable for cash or any other benefit, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value; and (f) (i) your acceptance of a prize constitutes agreement to participate in reasonable publicity related to any Promotion and grants us an unconditional right to use your name, likeness, town or city and province, prize information and statements by you about the Promotion for publicity, advertising and promotional purposes, subject to applicable law, without any additional permission from, or compensation to, you whatsoever; and (ii) as a condition to receiving any prize in connection with any Promotion, you (or your parent or guardian) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
Electronic Communications
As part of your access or use of our Services, you may receive notifications, text messages, alerts, posts, emails or other communications (including by regular mail). You agree to the receipt of such communications. You also agree that any electronic communication satisfies any legal requirement that such communication be in writing. You may have the ability to control receipt of certain non-service- related communications (e.g., communications other than those related to the completion of your registration, correction of user data, change of password or other similar communications essential to any transaction on or through our Services) through your account settings or as otherwise described in our Privacy Policy. You are responsible for any messaging or data fees you may be charged for such communications.
Without limiting the foregoing, we may give notice to you at the email address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on our Services or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
Authorization to Contact You
By using our Services, you authorize us and our agents, representatives and independent contractors to contact you at any telephone number (including telephone numbers associated with mobile, cellular, wireless or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if you incur charges for receiving such communications.
Your Responsibility for Equipment and Related Costs
You are solely responsible for obtaining and maintaining all telephone, computer hardware, internet access services and other equipment or services needed to access and use our Services, and all costs and fees associated with internet access, long distance charges or carrier rates (including phone, data and text messaging rates) incurred with regard to your access and use of our Services.
Mobile Services
Aspects of our Services may include certain applications for your mobile device (collectively, the “Mobile Services”). By using the Mobile Services, you:
acknowledge that this Agreement is between you and us and not with Apple, Inc., Google, Inc. or any other third party;
agree not to use or manipulate the Mobile Services on your mobile device while driving or operating any other heavy machinery;
consent to the collection, use, sharing and onward transfer of Your Information and other data, including photos, voice and location data, as outlined in our Privacy Policy. Location data may be from mixed sources and may not be accurate. Please use this data at your own risk;
acknowledge that certain parts of the Mobile Services require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data and text messaging may apply; and
acknowledge that we may, in our sole discretion and at any time, change, suspend, remove or disable access to content or other materials comprising part of the Mobile Services at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of the Mobile Services, in any case without notice or liability.
Any mobile application(s) made available by us (the “Apps”) are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of this Agreement and you agree that this Agreement will apply to the Apps that you license. Your license to any Apps under this Agreement is granted by us. Any App that is subject to the license granted under this Agreement is referred to herein as a “Licensed Application.” We reserve all rights in and to any Licensed Applications not expressly granted to you under this Agreement.
Scope of License
This license granted to you for any Licensed Application is a limited, non-exclusive and nontransferable license to (i) download, install and use the Licensed Application for your personal, non-commercial use on a single, compatible mobile device that you own or control (“Mobile Device”), as permitted by this Agreement and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your mobile device provider and your mobile application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Mobile Device the Content and the Mobile Services made available in or otherwise accessible through the Licensed Applications, strictly in accordance with this Agreement. For the avoidance of doubt, this license does not allow you to use any Licensed Application on any Mobile Device that you do not own or control, and you may not distribute or make any Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute or sublicense any Licensed Application and, if you sell or otherwise transfer your Mobile Device to a third party, you must remove each Licensed Application from the Mobile Device before doing so. You may not copy (except as expressly permitted by this license and the Third-Party Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any Licensed Application, any Updates (as defined below), or any part of any Licensed Application or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in the Licensed Applications). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any Updates, unless such Update is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You acknowledge that, when you download, install or use any Licensed Application, we may collect and use (i) automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Licensed Application; and (ii) technical data and related information that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Services or to provide other products, services or technologies to you and as otherwise set forth in our Privacy Policy.
Termination
This license to use these Licensed Applications is effective until terminated by you or us. You may terminate this license by deleting the Licensed Application and all copies of such Licensed Application from your Mobile Device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any term of this Agreement. Upon termination of this license, you will cease all use of such Licensed Application and destroy all copies, full or partial, of such Licensed Application. Any termination of this license will not limit any of our rights or remedies available at law or in equity.
Updates
We may, from time to time, in our sole discretion develop and provide Licensed Application updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
the Licensed Application will automatically download and install all available Updates; or
you may receive notice of or be prompted to download and install available Updates.
You will promptly download and install all Updates. You hereby acknowledge and agree that the Licensed Application or portions of such Licensed Application may not properly operate should you fail to do so.
Export Regulation
Our Services (including any Content and Licensed Application) may be subject to Canadian export control laws and its associated rules, restrictions and regulations. You will not, directly or indirectly, export, re-export or release any of our Services (including any Content and Licensed Application) to, or make any of our Services (including any Content and Licensed Application) accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You will comply with all applicable laws, restrictions, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making any of our Services (including any Content and Licensed Application) available outside of the Canadian (which excludes all Canadian territories and possessions).
International Users
Our Services are controlled, operated and administered by us from our offices within Ontario, Canada. We make no representations that our Services are permissible, appropriate or available for use in other jurisdictions. If you access any Services from a location outside of Canada, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable Canadian export control laws). You will not use our Services or any Content in a manner prohibited by any applicable provincial, federal, international or local laws, rules, restrictions or regulations.
Copyright Infringement
It is our policy to comply with the Copyright Act (R.S.C., 1985, c. C-42) including responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We may, in appropriate circumstances, disable or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours or others.
Notifications
Notifications of claimed copyright infringement (each a “Notification”) should be sent by either express mail or U.S. mail to:
PO Copyright Agent
Attention: Business Manager
Email address of designated agent: admin@pickleballontario.org
To be effective, each Notification must include the following:
a physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an email address at which the Complaining Party may be contacted;
a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the Notification containing the information as outlined in (i) through (vi) above:
we will remove or disable access to the material that is alleged to be infringing;
we will forward the Notification to the alleged infringer (“Subscriber”); and
we will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.
Counter Notification
A Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:
a physical or electronic signature of the Subscriber;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
the Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of provincial courtfor the judicial district in which the address is located, or if the Subscriber’s address is outside of the Canadian, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in (i) through (iv) above:
we will promptly provide the Complaining Party with a copy of the Counter Notification;
we will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within 10 business days; and
we will replace the removed material or cease disabling access to the removed material not less than 10 business days, nor more than 14 business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.
We Make No Representations or Warranties Regarding Our Services or the Content
You expressly agree that your use of our Services (including any Mobile Services and any Licensed Applications), the Content and all information, content, materials, products and services is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of our Services, the Content and all information, content, materials, products and services. Our Services (including any Mobile Services and any Licensed Applications), the Content and all information, content, materials, products and services included on or associates with our Services are provided to you on an “as-is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of these Services (including any Mobile Services and any Licensed Applications), the Content or the information, content, materials, products or services included on or associated with our Services, including their accuracy, correctness, completeness, safety, reliability, title, timeliness, non-infringement, merchantability, conformity or fitness for a particular purpose.
Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control. Notwithstanding anything to the contrary in this Agreement or the Privacy Policy, we make no representation, warranty or guarantee that our Services or the Content that may be available for downloading from our Services is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of the Services or items obtained through the Services or to your downloading of any material posted on the Services or any links to the Services.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitations on Our Liability
In no event ARE WE responsible or liable to you or any third party, whether RESULTING, IN WHOLE OR IN PART, FROM BREACH OF contract, warranty, tort (including STRICT LIABILITY AND negligence) or otherwise, for any damages, including special, incidental, EXEMPLARY, indirect, PUNITIVE or consequential damages that include damages for any PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY AND loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of any term or condition of this Agreement; (ii) your access and use of OUR SERVICES (including any mobile Services or licensed applications), THE USER GENERATED CONTENT or the content; (iii) your DELAY IN ACCESSING OR inability to access or use OUR SERVICES for any reason; (iv) your downloading or use of any of the Content, the Collective Work or user generated content; (v) your reliance upon or use of OUR SERVICES, the USER GENERATED CONTENT, THE Content or the Collective Work; (VI) ANY TRANSACTION OR PROCEssing of a transaction; (vii) any third party’s use of our Services on your behalf; (VIII) the breach of our security and unauthorized disclosure of your information; (IX) YOUR COMMUNICATION OR INTERACTION WITH ANY OTHER USER; OR (x) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY STATED BY US IN WRITING AT THE TIME OF PURCHASE OR OTHERWISE, OUR LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES AND AGENTS ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR ANY CONSEQUENCES OF ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON USER GENERATED CONTENT, PHOTOGRAPHS OR RECORDINGS, INCLUDING DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR EMOTIONAL DISTRESS, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH ACTIONS OR INACTIONS RESTS ENTIRELY WITH YOU.
YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain provincial laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these provincial laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this Limitations on Our Liability section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the Province of Ontario will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
Your Indemnification of Us
You will indemnify, defend and hold harmless us, our affiliates and our respective officers, directors, members, managers, shareholders, employees, independent contractors, agents and representatives from and against all claims and expenses, including attorneys’ fees (including any and all actions (including subpoenas, interrogatories, responses, depositions, diligence requests, document requests and other requests or notices to produce documents or testify) claims, liabilities, damages, losses and expenses (including advancement of attorneys’ fees and paralegal fees and other costs and expenses), whether suit is instituted or not (and including any mediation, hearing or trial), and if instituted, whether at the pretrial, trial or appellate level), arising out of or attributable to (i) any breach or violation of this Agreement; (ii) your failure to provide accurate, complete and current Your Information requested or required by us; (iii) your access or use of our Services or the Content; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (for example, your own User Generated Content); (vi) your communication or interaction with any user; or (vii) any personal injury, property damage or emotional distress caused by you.
Our Remedies
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of this Agreement. For purposes of this Our Remedies section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach will be brought in the provincial courts in the province of Ontario. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. Service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
Legal Disputes
You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this Agreement or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this Legal Disputes section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
Applicable Law
This Agreement is to be governed by and construed in accordance with the internal laws of the Province of Ontario, without regard for principles of conflicts of laws.
You agree that: (i) our Services will be deemed solely based in the Province of Ontario; and (ii) our Services will be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the Province of Ontario.
Agreement to Arbitrate
Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of this Agreement, your use of or access to our Services or any products or services sold, offered or purchased on or through our Services, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, provincial or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement, including any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the Canadian Arbitration Association in North York, Ontario under their rules and procedures, including their Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. Their rules are available at https://canadianarbitrationassociation.ca.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the Canadian Arbitration Association will select the arbitrator. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims in accordance with the laws of the Province of Ontario, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the province of Ontario courts of record for North York, Ontario.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. By using OUR SERVICES, you consent to these restrictions.
Other Terms and Conditions
Other terms and conditions may apply to certain aspects of our Services, such as terms that accompany certain (i) software or content within; (ii) purchases made on or through; or (iii) other use of, our Services (collectively, “Other Terms”). You will have access to such Other Terms in connection with such activity, software, content, purchase or use of our Services, and such Other Terms are expressly incorporated by reference into this Agreement. If you do not agree to such Other Terms, you should not use any of our Services or make purchases on or through any of our Services. To the extent that such Other Terms conflict with this Agreement, such Other Terms will apply and control.
FROM TIME TO TIME, YOU MAY HAVE SIGNED OR OTHERWISE AGREED TO OTHER AGREEMENTS WITH US. THIS AGREEMENT IS NOT INTENDED TO ADDRESS YOUR OR OUR RIGHTS OR OBLIGATIONS UNDER ANY OF THOSE SEPARATE AGREEMENTS. IF THERE IS A CONFLICT BETWEEN THOSE OTHER AGREEMENTS AND THIS AGREEMENT, THOSE OTHER AGREEMENTS WILL PREVAIL.
Miscellaneous
If any provision of this Agreement is contrary to, prohibited by or deemed invalid under applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder of this Agreement will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of this Agreement may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
For purposes of this Agreement, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and will not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, will survive your acceptance of this Agreement and the termination of this Agreement.
No failure to exercise, and no delay in exercising, any right or any power set forth in this Agreement by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under this Agreement by us preclude further exercise of that or any other right or power under this Agreement.
We may update, amend or change this Agreement at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. We encourage you to periodically check this Agreement for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to this Agreement, you must discontinue using the Services. This Agreement replaces all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.
We may give, assign or transfer our rights or obligations under this Agreement to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under this Agreement to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under this Agreement without our consent will be void.
We will not be liable for any changes, delays, failures or problems out of our control, including any changes, delays, failures or problems caused by internet failures or delays, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Agreement (together, with the Privacy Policy) represents the entire understanding and agreement between you and us regarding the subject matter of this Agreement, and supersedes all other previous agreements, understandings or representations regarding this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at contact us at admin@piickleballontario.org or in writing at:
Attention: Governance Committee
P.O. Box 471
Station P
Toronto, ON
M5S 2S9
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PICKLEBALL ONTARIO PRIVACY POLICY
Thanks for using PICKLEBALL ONTARIO (PO). PICKLEBALL ONTARIO website available at https://www.pickleballontariocs.org/ is owned and operated by PICKLEBALL ONTARIO (“Pickleball Ontario,” “PO” “we” or “us”). As the governing body of the sport of pickleball in the province of Ontario, PICKLEBALL ONTARIO provides information about the sport and various services. PICKLEBALL ONTARIO website offers its members and the public a number of online services designed to educate themselves, interact with others, and enhance their involvement with the sport. The public can apply for membership, learn about the rules and connect with PICKLEBALL ONTARIO ambassadors in their area. Members can maintain their PICKLEBALL ONTARIO profile, access their member benefits, and keep track of tournaments and events in their region.
PICKLEBALL ONTARIO is committed to your privacy. This Privacy Policy explains how we collect, use, disclose, retain and protect your personal information in connection with our services
PICKLEBALL ONTARIO PRIVACY POLICY
This Privacy Policy, together, with our Terms and Conditions, applies to our applications, various websites (including www.pickleballontario.org), widgets, email notifications, push notifications, and other mediums, or portions of such mediums, including online and offline services and products (collectively, our “Services”), through which you have accessed this Privacy Policy. This Privacy Policy and our Terms and Conditions describe the types of personally identifiable information and non-personally identifiable information that you provide to us or that we collect from you in connection with the provision of our Services (“Your Information”).
Please read this Privacy Policy and our Terms and Conditions carefully. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure, processing and other uses of Your Information as described in this Privacy Policy. If you do not want Your Information used or disclosed in the manner described in this Privacy Policy, then you should not use our Services or provide us with Your Information. To the extent that this Privacy Policy conflicts with our Terms and Conditions, this Privacy Policy will apply and control.
This Privacy Policy does not apply to the following information:
- Information collected by anyone other than us (even if related to our business).
- Information collected by us where a separate privacy policy applies.
- Non-personally identifiable information, which, standing alone, cannot be used to determine your identity. However, if we link such non-personally identifiable information with Your Information in a manner that can be used to determine your identity, then this Privacy Policy will apply.
- Unsolicited information that you provide to us through the Services or through any other means, including information posted to any public areas of our Services, such as bulletin boards, any ideas for new products or modifications to existing products or services, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information is deemed to be non-confidential and we are free, and you hereby grant us the right, to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.
Information We Collect and How We Collect It
Information You Provide to Us Directly
When you register with or otherwise use our Services, we may require Your Information, such as your name, email, phone number, mailing address and other information that may help us improve our Services. We may require additional information to provide you with Our Services. If you choose not to provide us with any requested information, you may not be able to use some or all of the features of our Services.
We collect Your Information and content (such as photos, ratings, and other information) that you choose to submit in connection with our Services, including in the process of creating and editing your account and user profile.
Third Parties Provide Your Information to Us.
We may collect Your Information from sources other than you, such as other users and our business partners. If you use or access our Services on or through a social network, then we will receive certain information about you and your friends from the social network automatically. The information that we will receive depends on the social network and your privacy settings. For instance, we may collect some or all of the following of Your Information from the social network: your name, profile picture, social network identification number, login email, physical location, gender, birthday, age, other publicly available information, and any other information that you or the social network shares with us. If you access our Services from a social network, please read that social network’s terms of use and privacy policy carefully.
Information We Collect Automatically
When you use our Services, we and service providers acting on our behalf may use technology to collect information about you, including your location, IP address, browser type, ISP, referral and exit pages, clickstream data, pages visited, time of visits and information related to your device, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. We may also collect and store information locally on your device using mechanisms, such as browser web storage and application data caches.
We and service providers acting on our behalf may collect such information through a variety of technical methods, including sending cookies, web beacons, pixel tags and other anonymous identifiers to your device. “Cookies” are pieces of data stored on our computer, mobile phone or other device. A “web beacon” is a type of technology that lets us know if you visited a certain page or whether you opened an email. A “pixel tag” is a type of technology placed within a website or email for the purpose of tracking activity, which is often used in combination with cookies. Other “identifiers” are random strings of characters used for the same purposes as cookies, such as with mobile devices where cookie technology is not available. These technologies help us provide you with features based on your preferences, understand when you are interacting with our Services, and compile other information regarding your use of our Services.
Please note that, in most cases, you can stop making your location available to us or remove or block cookies (such as by using the settings in your browser), but doing so may affect your ability to use our Services.
Network Advertising
From time to time, we may participate in or use advertising networks, such as third-party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables such networks to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of a website, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and a website.
Third-Party Content
Some content or applications, including advertisements, on our Services may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may collect information about you when you use our Services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about any targeted content, you should contact the responsible provider directly.
How and Why We Use Your Information
We may use Your Information for various lawful business purposes. Among others, below are some specific examples of these purposes:
- Provide our Services to you. We strive to ensure our Services meet the high standards that you would expect of Pickleball Ontario. For example, we might verify information that you provide to us and provide you with administrative notices.
- Contact you and provide you with information. For example, we might contact you through telephone, email, postal, notifications, text messages or other communications, where permitted by applicable law, to provide you with Service updates, promotional materials, surveys, offers, quotes, personalized information and other information from us or our business partners.
- Analyze, improve and manage our Services and operations. For example, we might obtain feedback regarding our Services to understand and anticipate your needs and preferences, better understand your use of our Services, customize and tailor Service content, improve our marketing and promotional efforts, engage in statistical analysis and provide feedback or information to our business partners, vendors, advertisers and other third parties.
- Resolve problems and disputes, and engage in other legal and security matters. For example, we may use Your Information to comply with, monitor compliance with and enforce this Privacy Policy, our Terms and Conditions, and any other applicable agreements and policies, as well as meet other legal and regulatory requirements and protect the security and integrity of our Services.
- Other purposes. We may also use Your Information in other ways. To the extent required by applicable law, we will provide notice at the time of collection and obtain your consent. For instance, if you apply for a job, we may collect Your Information in order to process your job application.
How We Disclose Your Information
We may disclose Your Information:
- To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
- To our third-party vendors so that they may provide support for our internal and business operations (“Our Vendors”), including for payment or data processing, IT or related services, data verification, data storage, surveys, research, customer service activities, internal marketing, delivery of promotional and marketing materials and our Services’ maintenance and security;
- To fulfill the purpose for which you provide it;
- For any other purpose disclosed by us when you provide Your Information to us;
- To third parties whose websites or applications we may link to through our Services, if you choose to click on the third-party links;
- As required by law or ordered by a court, regulatory or administrative agency;
- As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including our rights or property;
- If requested by authorities in the event of any act or instance of local, regional, national or international emergency;
- To enforce our Terms and Conditions, this Privacy Policy and any other applicable agreements and policies;
- To enforce or protect our rights;
- In connection with a business transfer (as described in the section titled Business Transfers below); and
- To our affiliated organizations (for example, PCO and other PTSO’s).
Please note that the list above is not exhaustive and that we may, in our sole discretion, to the extent permitted by applicable law, share, loan, rent, sell or otherwise disclose information we collect from you to third parties at any time, for any lawful purpose, without notice or compensation to you.
If we disclose Your Information to third parties, Your Information will become permanently subject to the information use and sharing practices of the third party. We have taken steps to ensure that such third parties respect Your Information, but please be aware that we make no guarantee whatsoever in connection with how such third parties use, disclose and treat Your Information and such third parties may further disclose, share and use Your Information. By submitting Your Information to us, you expressly consent to such disclosure and use of Your Information. If you do not want Your Information shared as described above, then you should not provide us with Your Information.
Circumvention of Security Measures
We use a variety of technical, administrative and organizational security measures to keep Your Information safe. However, despite our efforts, please be aware that methods of transmission and electronic storage are not completely secure. We cannot guarantee the privacy or security of Your Information or any data transmissions, as third parties may unlawfully intercept or access transmissions or electronic storage. Further, to the extent permitted by applicable law, we are not responsible for circumvention of any privacy settings or security measures of our Services. Therefore, you use our Services at your own risk, you should not expect that Your Information or data transmissions will always remain private, and we do not guarantee the performance or adequacy of our privacy settings or security measures. In the event that an unauthorized third party compromises our security measures, to the extent permitted by applicable law, we will not be responsible for any damages, directly or indirectly, caused by an unauthorized third party’s ability to view, use or disseminate Your Information.
User Contributions
You may provide information (including messages and other content) to be published, posted, submitted, transmitted or displayed (collectively, “posted”) on or through our Services to Pickleball Ontario users or other third parties (collectively, “User Contributions”). Your User Contributions are posted on our Services at your own risk. We cannot control the actions of other users of our Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Please exercise caution before posting any User Contributions on our Services.
Business Transfers
We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer Your Information to a buyer or other successor in the event of a sale, acquisition, merger, consolidation, reorganization, bankruptcy, dissolution or other corporate change involving our business, even if such event is only being contemplated and regardless of whether such event relates to a part or the whole of our business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, or assets to an affiliate or independent third party at any time, for any lawful purpose, without notice or compensation to you.
How Long Do We Retain Your Information?
We will retain Your Information for the period necessary to fulfill the purposes for which Your Information has been collected as outlined in this Privacy Policy, unless a longer retention period is required by applicable law.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding Your Information that you provide to us. Below are some mechanisms that provide you with control over certain information:
- Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies or to alert you when cookies are being sent. If you do so, please note that some or all parts of our Services may then be inaccessible or may not function properly.
- Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt out from receiving them from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through our Services) through your account settings or to the extent applicable, by 1) using the unsubscribe process at the bottom of the communication, or 2) by emailing us at membership@pickleballontario.org. Please be aware that it can take up to 10 business days to remove you from Pickleball Ontario marketing lists. If you opt out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through our Services.
- Managing Your Information. If a portion of our Services allows you to create an account with us, then you can review and update some of Your Information by logging into that portion of our Services, visiting your account profile page and making changes. To the extent required by applicable law, you may have the right to request (i) access to Your Information; (ii) an electronic copy of Your Information (portability); (iii) correction of Your Information if it is inaccurate or incomplete; or (iv) deletion or restriction of Your Information in certain circumstances provided by applicable law; provided, however, that deletion or restriction may not include all locations (for instance, Your Information may be retained in back-ups, be required to be retained for a longer period of time under applicable law, or be shared with third parties prior to removal). We may decline to process requests that jeopardize the privacy of others, are extremely impractical or would cause us to take any action that is not permissible under applicable laws. We will make all required updates and changes within the time specified by applicable law, and where permitted under applicable law, may charge an appropriate fee to cover the costs of responding to such request. Further, as explained above in Communications, if you do not want to receive our communications other than service-related ones, you may opt out or unsubscribe to that information.
Your Information that You Disclose to Third Parties
This Privacy Policy applies only to our Services, and not to websites, online services or applications owned by third parties. Our Services may contain links to other websites, online services or applications. We are not responsible for the privacy policies and other practices of such third parties, or the accuracy or quality of the services of such third parties. Any information that you disclose to third parties will be subject to the privacy policies and practices of such third parties. You should review the privacy policies and practices of such third parties prior to disclosing information to them. If you have any questions about how these third parties use your information, you should review their policies and contact them directly.
Minors
If you are below the age of 18, you may only download, install, access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Privacy Policy and our Terms and Conditions. We only collect information from children under 18 which is necessary for participation. In addition, we have provided parents and legal guardians with the ability to review the type of personal information currently collected about their respective children under 18, to have that information deleted, and to request that no further personal information be collected by us.
Changes to this Privacy Policy
We may update, amend or change this Privacy Policy at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. If we materially change the way in which we process Your Information, we will provide you with prior notice, or where legally required, request your consent prior to implementing such material changes. We encourage you to periodically check this Privacy Policy for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to this Privacy Policy, you must discontinue using the Services. This Privacy Policy replaces all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.
Questions, Comments or Concerns About this Privacy Policy?
We welcome any questions, comments and concerns about this Privacy Policy. If you have questions, comments or concerns regarding this Privacy Policy, or wish to exercise your rights related to Your Information, please contact us at membership@pickleballontario.org, or in writing at:
Pickleball Ontario
Attention: Governance Committee
P.O. Box 471
Station P
Toronto, ON
M5S 2S9