Terms and Conditions
This is a binding legal agreement ("Agreement") between you ("You/r" or "user" or "Member") and Roster Point, Inc. ("Roster Point" "us," "we" or "our") that may be contacted at 170 Seneca Ave, Oshawa, Ontario, L1G 7S6, Canada. Member and Roster Point are referred to herein, each, when separately, as a "Party," or when collectively, as the "Parties."
By using the Roster Point Inc. web site, currently www.rosterpoint.com ("Site") and/or using any of the Services accessible through the Site or otherwise ("Services"). You agree to be bound by this Agreement whether or not You ultimately register as a Member of Roster Point ("Member"). If You do not agree to be bound by this Agreement, Y ou are not permitted to use the Site or our website services.
The Roster Point Services include the following, without limitation: Services for Hockey Team Member, and Services for Player Member. Roster Point may offer additional Services or revise any of the Services at its sole discretion and also reserves the right to cease offering any Services or its Site.
Acceptance of Terms and Conditions
This Agreement is an electronic contract that details the legally binding terms of Your use of the Site and Your membership in the Services. By accessing the Site or becoming a Member, You accept, agree, and consent to all of the terms of this Agreement. By checking the box stating that You have read and accepted the entirety of this Agreement, it will serve as Your legally binding electronic signature.
This Agreement may be modified by Roster Point at any time and at the sole discretion of Roster Point. Any modification shall be effective once posted to the Site and accepted by the user. You agree to be bound to any changes to this Agreement when You accept the changes before Your continue to use the Services or the Site. If You decline the changes, You may not access the Services or to the Site. You are only authorized to use the Services if You agree to abide by all applicable laws and to this Agreement.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING USE OF THE SITE AND OUR SERVICES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW ANY DISPUTES SHALL BE RESOLVED.
By registering as a Member on the Site, You represent to us that You are an aspiring hockey player wishing to take your career to the next level. You have represented yourself in your profile with truthful and accurate information that will be verified if needed. You are a representative of a recruiting hockey team.
FEES AND TERMS OF PAYMENT
Fees are stated on our Pricing Page. They may change without notice.
There are no fee's for hockey teams to use the site. Any Team may request access to the database of players. An Approval process has been implemented to determine if the representative that is requesting access on behalf of a hockey team, is in good standing with the team and according to our sources, is not involved in, nor has never in their life been involved in, or charged with any type harassment, molestation or any sexual related offense of any person. The Team itself must be in good standing as well as all its representatives. The league in which the team is a member must not have any changes or on-going legal proceedings against it. If it is found that either the representative, the team or the league has any kind of legal issues, current or in the past, that relate to any player, current or in the past, being mis-treated, harassed, molested or abused in any way, and the issue has or has not been settled, Roster Point reserves the right to deny access to our site without explanation.
Other services may be offered to teams that require payment such as but not limited to Team Marketing services. The team will be invoiced from a third-party payment processor for these services and payment is due upon receipt of the invoice.
We reserve the right to close any team account without notice if there are any reports of abuse towards players through our messaging app or if the team is engaged in poaching players from teams within its own league. Roster Point is NOT responsible for any kind of tampering that violates any league rules as a result of teams contacting players. It is the team's responsibility to follow the rules and procedures of its league's terms and conditions and bi laws. Roster Point may assist in tampering situations.
Players that wish to become subscribers may do so by registering on the site. There are two subscriptions available, 1. The Tryout – this is a 30-day FREE Trial Subscription, the registrant must provide a credit card number in order to access the Tryout Subscription. The player will be asked if they want to be billed monthly or annually after the Tryout ends in 30-days. It is the responsibility of the player to cancel their Tryout subscription before the 30-days is up or the credit card will be billed according to the players earlier request for monthly or annual payments. A notification will be sent to the player 5-days prior to the 30th day, to remind them to either cancel or not. If the Tryout Subscription is cancelled, the players profile will be suspended from using the messaging feature. The profile will remain visible to teams using our site, and if a team sends a message to the player, he will receive the notification that a message has been received, but the player cannot access the message until he upgrades to a paid package. If the player tried to access his message, he will be directed to the Upgrade Subscription page. 2. The Road to the Show – Players registering for this subscription will be asked for their credit card information so we may charge their card for either the monthly payment option or for the full year payment option. The registrant will have access to all the features plus all the social media exposure stated in the subscription pages.
GRANT OF LIMITED USE OF SITE AND SERVICES
In consideration of the obligations created by these Terms and Conditions, we hereby grant to You a personal, revocable, non-exclusive, non-assignable, non-transferable license for the limited duration of the Agreement term to use the Site and Services, provided however that such Site and Services are used solely and strictly for Your own personal use.
You are solely responsible for and assume all liability regarding the accuracy and truthfulness of all information and content You provide, publish, post, transmit, communicate, or otherwise make or fail to make available through the Site and Services ("Content"). You are also responsible for and assume all liability regarding your interactions with any other users through our Site and Services, in particular You are prohibited from harassing, threatening, or using any other words or conduct deemed harmful in any such interactions. Any reports of misuse of communication between you and any other person or entity could result in a cancellation of your membership. You assume all risk when using the Site and Services, including but not limited to, all of the risks and consequences associated with any online or offline interactions by and between any other persons or entities.
You are expressly prohibited from actions undertaken to modify, reproduce, display, publicly perform, republish, sell, dispute, or use our Site and Services in any way for any public or commercial purpose not expressly provided for under this Agreement. You shall not use any automatic or manual processes to monitor or copy the Site and any of its content, nor may You use any monitoring software to extract information about usage or any users, including Your own. You shall not provide, distribute, share, offer, replicate, or produce the contact information of any other Member to any individual whether in writing or verbally or by any electronic means.
You are bound to use this Site and Services for their intended purpose and not for any other uses or purposes.
REPRESENTATIONS AND WARRANTIES
By providing any Content on the Site, You represent and warrant that:
- You have the lawful right to reproduce and distribute such Content.
- Any and all Content provided by You is true, accurate, and complete, and that You shall notify us promptly of any changes to such Content, including but not limited to a copy of an authentic and valid government issued identification card, such as a Driver's License, or national identity number card, or the equivalent.
- The publishing, posting, uploading, or transmission by any means of the Content shall not constitute a criminal offense, violate the rights of any party or violate any local, state, national, or international laws.
- The Content that You submit is not unlawful, threatening, harmful, abusive, vulgar, harassing, obscene, defamatory, indecent, libelous, tortious, hateful, or invasive of another person's rights and privacy, as well as not racially, ethnically, lifestyle-wise, or otherwise objectionable.
- You shall not knowingly infringe on the intellectual property rights or other statutory rights of any third party by any of the Content You submit.
- You shall not impersonate or misrepresent any other person or entity or use a false name or a name that You are not authorized to use.
We reserve the right to decline any application from You to register as a Member at our sole discretion, and to suspend or terminate Your use of the Services for any failure or perceived failure of any of the aforementioned representations and warranties. We are not liable or responsible for any Content provided by You or other Members. We reserve the right at all times to determine whether Content provided by You is appropriate and in compliance with this Agreement, and we may modify or remove Content at any time, without prior notice and at our sole discretion, if we find or determine that the Content is in non-compliance with any of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
Roster Point or our affiliates and licensors own and retain all rights, titles and interests in the Site and Services, including but not limited to, its own content, original works fixed in tangible medium of expression, trademarks, service marks, trade names, trade secrets, inventions, conceptions, ideas, text, graphics, logos, images, gifs, domain names, gTLDs, data compilations, and any other intellectual property rights related to the use and access of the Site and/or Services, and shall be the sole property of Roster Point, our affiliates, our partners or our licensors. All Rights are Reserved under Canadian and/or international copyright laws.
Our information and data on our Site or in our Services may not be used, reproduced, duplicated, copied, sold, resold, or modified, in full or in part, for any purpose, without the express written permission of Roster Point.
CONSENT TO USE OF IMAGE AND PUBLICITY
Member hereby consents to any and all uses and displays, by Roster Point and its designees and representatives, of the Member's rights of publicity, name, voice, likeness, image, appearance and biographical or statistical information in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites, social media, television programs and advertising, other advertising, sales and marketing, brochures, books, magazines, other publications, CDs, DVDs, tapes and all other printed and electronic forms and media throughout the world, at any time during or after the period of use of our Site and/or Services, for all legitimate business purposes of Roster Point ("Permitted Uses"). Member hereby forever releases and holds harmless Roster Point and its directors, officers, employees, representatives, and designees from any and all claims, actions, damages, losses, costs, expenses, and liability of any kind, arising under any legal or equitable theory at any time during or after the period of use of our Site and/or Services in connection with any Permitted Use.
DISCLAIMERS AND EXCLUSIONS
The Site and/or Services provided under this Agreement are provided on "AS IS" and "WHERE IS" bases. Any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose, are hereby disclaimed in their entireties. In no event shall Roster Point or any of its designees or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use; data or profits; or business interruption) however caused and under any theory of liability, whether in contract, strict liability, equity or tort (including negligence or otherwise) arising in any way out of the use of our Site and/or Services, even if advised of the possibility of such damage.
You agree that by using the Services, we are not guaranteeing, warrantying, or implying that using our Site and/or Services will lead to a contract between a Player Member and a Hockey Club Member. We will not be able to provide "matches" to every Member who seeks to use these Services, thus You agree that Roster Point makes no guarantees, express or implied, regarding to number or frequency of matches through our Services, as well as being contacted by a junior team. You agree that we shall not be liable if You lose Your NCAA/CIS eligibility by using or not using our Site and/or Services before You are eligible to do so under the controlling NCAA/CIS bylaws.
HOLD HARMLESS PROVISIONS
You agree to hold Roster Point, its subsidiaries, and affiliates, and its and any and all of their officers, designees, partners, representatives, and employees, harmless, without limitation, against any claims, proceedings, actions, costs, damages, expenses, liability, losses, and demands, including reasonable legal expenses, made by any third party due to or arising out of Your breach of or failure to comply with this Agreement, including any breach of Your representations and warranties contained herein, any Content You provide while using the Services and/or the Site, and the violation of any laws or regulations by You.
This Agreement shall be interpreted, construed, and governed by the laws of the Province of Ontario, Canada without reference to its laws relating to conflicts of law and not including the provisions regarding the international sale of goods.
In the event that a dispute arises between any Member(s) and Roster Point concerning our Site and/or Services ("Dispute"), representatives of the Parties shall promptly meet within the boundaries of Oshawa, Ontario, unless otherwise agreed by the Parties, as soon as reasonably possible, but not later than 45 days after the sending of a written notice of a Dispute and the Parties shall engage in good faith negotiations aimed at resolving the Dispute ("Good Faith Negotiations"). If the Parties are unable to resolve such Dispute satisfactorily within 45 days from the date of receipt of such written notice of a Dispute, either Party may submit the Dispute to arbitration by serving the other Party with a written notice of the intention to arbitrate, as provided for below.
This Agreement shall constitute the entire agreement between the Parties respecting the matters hereto and supersede all prior agreements and understandings, whether oral or written, express or implied, with respect to the subject matter of this Agreement. No Party shall be bound or charged with any oral or written agreements, representations, warranties, statements, promises, information, arrangements, or understandings not specifically set forth in this Agreement.
The failure by a Party to require performance of any provision of this Agreement shall not affect that Party's right to require performance of that or any other provision of this Agreement at any time thereafter, nor shall a waiver of any breach or default of this Agreement or of any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of this Agreement or of any provision of this Agreement.
Any provision of this Agreement that is held or adjudged invalid, prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity, prohibition, or unenforceability, and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such severed provision in any other jurisdiction. The Parties agree in good faith to promptly reformulate any such invalid, prohibited, or unenforceable provision to preserve the original intentions and objectives of this Agreement and to remove such illegality, invalidity, or unenforceability to the extent possible without materially reducing the value of this Agreement to any Party.
Revised September 27, 2019