OfficePools.COM Website User Agreement
This version has been in effect since January 3, 2022
WELCOME TO Officepools.COM. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT GOVERNS YOUR USE OF THIS WEBSITE. IT EXEMPTS OfficePools.com's AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
This Agreement contains the following provisions:
1. Your Acceptance of this Agreement
2. Permission to Use the Website
3. Changes to this Agreement
4. Ownership and Permitted Use of the Website
5. Misprints and Errors
6. No Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
7. Links
8. Login Names and Passwords
9. Unsolicited Submissions
10. Your Information
11. Affiliate Programs
12. Disclaimers, Liability Exclusions/Limitations and Indemnity
13. Termination
14. Governing Law and Dispute Resolution
15. Other Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any incorporated or unincorporated entity) and Officepools.com Service Ltd. ("Officepools.com") regarding your access to and use of Officepools.com's website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also benefits Officepools.com's affiliates, service providers, suppliers and other persons. Each time you use the website, you signify your acceptance and Agreement. The approval and Agreement of any person you purport to represent to be bound by this Agreement as it reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to portray. If you do not agree with each provision of this Agreement or are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the website. The website is for entertainment purposes only and does not intend to convey advice, recommendations, or an offer to sell any product or service. This Agreement is in addition to any other agreement you may have with Officepools.com, including a transaction agreement.
2. PERMISSION TO USE THE WEBSITE
You may use the website only if you are a resident of Canada or the United States, have reached the age of majority where you live, and can form legally binding contracts under applicable law. You may not use the website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your website use is lawful, and you must comply with all applicable laws. Officepools.com reserves the right to request proof of identification and age.
3. CHANGES TO THIS AGREEMENT
Officepools.com may, in its sole discretion, change this Agreement from time to time as it relates to future use of the website by posting a revised Agreement. By using the website after this revised Agreement has been posted, you signify your acceptance and Agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
4. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the website) is the property of Officepools.com. Canadian and international copyright, trademark and other laws protect it. Your use of the website does not transfer to you any ownership or other rights to the website or its content. The website is available for your lawful, personal use only. You may use the website only in the manner described in this Agreement and subject to all applicable laws. Using the website for any other purpose or other ways is strictly prohibited. You may print Website pages provided that you do not modify any of the pages and do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Officepools.com. You may not sell or resell any part of the website or have access to the website. You may not use any of the software used in the operation or provision of the website except while you are using the website per this Agreement.
5. MISPRINTS AND ERRORS
Officepools.com endeavours to provide current and accurate information on the website. However, misprints, errors, inaccuracies, omissions or other errors may sometimes occur. Officepools.com reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person. The final authority on the accuracy of the data is NHL.com.
6. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the website without the express written permission of Officepools.com are strictly prohibited. To request permission to link to the website, please send an email to [email protected]. Officepools.com may, at its discretion, cancel and revoke any permission it may give to link to the website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that other users of the website may view such postings.
7. LINKS
Officepools Services Ltd.'s site contains hyperlinks to internet sites managed by third parties. You may have to leave Officepools Services Ltd.'s sites by activating these links. Officepools has no control over internet sites owned by third parties. These sites are managed entirely by third parties, and Officepools Services cannot make any declaration concerning the quality or overall content thereof, the quality of the products offered, or the security of performing transactions on the sites in question. The fact that third-party sites are identified on Officepools Services Ltd.'s internet sites should not in any way be interpreted as an endorsement by Officepools Services ltd. and does not incur its liability in any way. Officepools Services Ltd. cannot be held liable for possible damages arising from the use of these sites. All complaints about third-party sites should be addressed to the administrators of those sites.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the website are accessible only to users for who Officepools.com has issued a login name and password (collectively "Codes"). To access the website, the Codes remain the property of Officepools.com. They may be cancelled or suspended at any time by Officepools.com at its discretion without any notice or liability to you or any other person. Officepools.com is not obligated to verify the identity or authority of any person using Codes to access and use the website. Officepools.com may act upon any communication given with the use of Codes. Officepools.com may, at its discretion at any time, require proof of the identity of any person seeking to access and use the website and may deny access to and use of the website or parts of it or refuse to accept or act upon any communication if Officepools.com is not satisfied with such proof. If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the website using the Codes, you will not leave the computer terminal used to access the website unless and until you have terminated the session and logged-off the Website.
9. UNSOLICITED SUBMISSIONS
To avoid potential misunderstandings or disputes, Officepools.com does not accept or consider unsolicited ideas or suggestions ("Submissions"). Suppose you send Submissions to Officepools.com or the Website. In that case, you automatically grant (or warrant that the owner of the Submissions grants) to Officepools.com and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology is now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Officepools.com or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Officepools.com and its successors, assigns and licensees.
10. YOUR INFORMATION
All information you provide through the website, which may, or may not, include registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Officepools.com will rely on the information you provide. You will be solely responsible and liable for any loss, damage, and additional costs that you, Officepools.com or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
We allow third-party companies to serve ads and collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Websites to provide advertisements about goods and services to be of greater interest to you. These companies typically collect this information via a cookie or third party web beacon. To learn more about this behavioural advertising practice or to opt out of this type of advertising, you can visit http://www.networkadvertising.org/managing/opt_out.asp.
11. AFFILIATE PROGRAMS
OfficePools.com provide an affiliate partners program to association looking to fundraise for a good cause. To generate a commission, an affiliate must invite customer to create a new account on OfficePools and pay the entry fee. If the affiliate can do so, that will generate a new commission. The fees will be dispersed to you after the Entry Cut-off of your pool is reached via check, wire or PayPal. A balance greater than $25 CAD is required for each payment. In the event a customer requests a refund for a transaction for which the Affiliate has earned commissions, any commissions earned on the refund amount will be deducted from the Affiliate’s balance. Affiliates are permitted to use the OfficePools brand and marketing resources available. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials. The Affiliate will never imply that they are acting on behalf of OfficePools and will never advertise OfficePools products directly. The Affiliate will never bid for advertisements that compete with OfficePools. The Affiliate will never represent themselves, OfficePools or their relationship with OfficePools in a false or misleading way. The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing OfficePools. Either party has the right to terminate the agreement immediately without prior notice. If the Affiliate terminates the agreement, no further commissions from OfficePools will be paid for any past or future customer transactions. If OfficePools chooses to terminate the agreement, any balance greater than $25 CAD will be paid to the affiliate within 60 days of termination. Balances that are smaller than $25 CAD will be forfeited.
12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
DISCLAIMERS
YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE WEBSITE CONCERNING ANY CONTEST, IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY Officepools.COM TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS
Officepools.COM AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Officepools.COM OR ANY PERSON FOR WHOM Officepools.COM IS RESPONSIBLE, AND EVEN IF Officepools.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS Officepools.COM AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS FROM ANY AND ALL CLAIMS, LOSS, DAMAGES, AND DEMANDS, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE WEBSITE FOR ANY PURPOSE, YOUR ACCESS TO THE WEBSITE, AND ANY ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT (WHETHER BY YOU OR ANOTHER PERSON).
13. TERMINATION
Notwithstanding any other provision of this Agreement, Officepools.com may, at its discretion, change, discontinue, modify, restrict, suspend or terminate the website or any part of it without any notice or liability to you or any other person. Officepools.com may, at its discretion and for its convenience at any time, immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the website without any notice or liability to you or any other person. Suppose this Agreement or your permission to access or use all or any part of the website is terminated for any reason. In that case, this Agreement and all other existing agreements between you and Officepools.com will continue to apply and be binding upon you regarding your prior access to and use of the website. Anything connected with, relating to or arising therefrom.
14. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and Officepools.com or any other person arising from, connected with or relating to the website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, sitting in the City of Vancouver (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal). You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
15. OTHER MATTERS
Suppose any provision of this Agreement is held to be invalid or unenforceable for any reason. In that case, the provision will be deemed to be severed from this Agreement, and the remaining provisions will continue in full force and effect. This Agreement ensures to the benefit of and is binding upon each of OfficeePools.com and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Officepools.com may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
