Hockey Lane LLC Terms of Use

General:

Welcome to the Hockey Lane LLC website (“Site”) and mobile application (“App”) and collectively referred to as the “Services”). These Terms of Use (“Terms”) sets forth the agreement between Hockey Lane, LLC, its parent, subsidiaries and other affiliated companies (collectively, "Hockey Lane" or "we") and each user ("you" or "user") governing the use by you of the Services. Please read these Terms carefully before using the Services. Hockey Lane offers, as a social marketplace and platform where users may buy and sell new and used ice hockey, roller hockey and lacrosse equipment and products. By using the Services, you agree to be bound by these Terms. If you do not agree to the terms and conditions contained herein, you may not access or otherwise use the Services. The Hockey Lane Privacy Policy is incorporated by reference.

We may change or update these Terms so please check this page regularly. We do not represent or warrant that the information on our Site and App is accurate, complete or current. This includes pricing and availability information. We reserve the right to correct any errors or omissions, and to change or update information at any time without giving prior notice.

Age Restrictions:

The Services are intended to be used by adults age 18 and over. If you are a minor, you need permission of your parent or legal guardian in order to use the Service. In this case, the legal representative is liable for any acts committed by the minor. Please, if you are a minor and you do not have your legal representative’s permission, stop using the Services and uninstall the App. You further warrant that you are an adult under the applicable law. In the event that the information you provide in this regard is not truthful, Hockey Lane shall not be liable as it cannot certainty verify the age of the users. To sell or purchase products using the Services, users who are minors under applicable law will need the specific permission of their parent or legal guardian.

Account Creation:

To use or access certain functionalities of the Services you need to register, using your name, phone number, address and e-mail address. You agree to provide accurate, current, and complete account information about you as may be prompted by the registration and/or login form on the Services.

Account Security:

By opening an account, you accept and assume all liability that may arise in any activity that occurs under your username and password. You are responsible for maintaining the confidentiality of the username and password that you designate during the account registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Hockey Lane of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hockey Lane will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.

Right to Change the App:

Hockey Lane is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or its services, including its core functionality, at any time and for any reason.

Scope of License:

These Terms grant to you for the App a limited, worldwide, perpetual, non-transferable license to use the App on any IOS or Android mobile device. The Terms do not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent 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 with the App). Any attempt to do so is a violation of the rights of Hockey Lane and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by Hockey Lane that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms of use in which case those terms of use of use will govern.

App Store:

When you download our App, you may do so through a third party’s App Store (ie – iTunes or Google Play App Stores). You acknowledge that these Teacher Terms are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App download through the App Store Owner:

1. Your use of the App must comply with the App Store’s “Terms of Service” or equivalent terms.
2. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App. As between Hockey Lane and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hockey Lane.
4. You and we acknowledge that, as between Hockey Lane and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App Store Sourced Application, including, but not limited to: (1) product liability claims; (2) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5. You and we acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Hockey Lane and the App Store Owner, Hockey Lane, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Teacher Terms.
6. You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of these Teacher Terms as related to your license of the App, and that, upon your acceptance of these Teacher Terms, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce these Teacher Terms as related to your license of the App against you as a third-party beneficiary thereof.
7. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Without limiting any other terms in this Teacher Terms, you must comply with all applicable third-party terms of agreement when using the App.

Use of App:

Hockey Lane grants you a limited, non-exclusive license for the download and running of the App. The installation and execution of the App is free. You must accept the permissions for installation and execution of the App. From time to time, Hockey Lane may request the granting of additional permissions to perform certain actions or enjoy certain functionalities. The lack of acceptance of some of the permits necessary for the proper operation of the App may result in the suspension of the Services or impossibility of using the App.

Features of the Service:

The Service will allow some of the following features:

1. Sharing with all Hockey Lane users’ information, images, photos as well as other data or personal information by posting a listing.
2. Putting products on sale as a seller user and making offers as a buyer user in order to purchase or negotiate the sale of products.
3. Interacting with other users of Hockey Lane through a private chat to coordinate the purchase of listed products.
4. Sharing product offers in other platforms or social networks, including but not limited to, Facebook, Instagram and Twitter.
5. Hockey Lane will have available a “notification” feature, in which we may alert you when an item that you have listed for sell is being inquired about.

Copyright & Trademarks:

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and any other materials that appear as part of the Services on the Site or App are copyrights, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Hockey Lane. The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Hockey Lane. You may not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information unless under fair use or obtaining written consent of the owner of such proprietary rights.

The material and content accessible from this App, Site, and any other website or mobile application owned, operated, licensed, or otherwise controlled by Hockey Lane is the proprietary information of Hockey Lane or the party that provided or licensed the content to Hockey Lane, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Hockey Lane. Modification or use of the content except as expressly provided in these Teacher Terms violates Hockey Lane’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site or App.

Content License. As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content (“Your Materials”). We may also post a photograph, logo, or other trademarked or copyrighted materials of you or your company (“Your Image”). By making available any of Your Materials on or through the Services or if we make available Your Image on or through the Services, you (i) hereby grant to Hockey Lane the right to use Your Materials and Your Image as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to Your Materials and Your Image with respect to these uses. Hockey Lane does not claim any ownership rights in any of Your Materials and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. If you do not want to grant us permission to use Your Material or Your Image in accordance with these Terms, please do not post, upload, publish, submit or transmit Your Materials or Your Image.

Copyright Policy. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. You represent and warrant that: (1) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Hockey Lane the rights in Your Materials, as contemplated under these Terms; and (2) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or Hockey Lane’s of Your Materials or Your Image (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Disclaimer of Warranties; Limitation of Liability:

You expressly agree that use of the Site, App or Services is at your sole risk. Hockey Lane does not assume any responsibility nor warrants the products sold by using the Services. All information of the products advertised on the Services has been built and published by the user which is selling the product. Consequently, Hockey Lane cannot guarantee the quality of the same, as well as the veracity of the images and/or descriptions published by the seller users. However, if we are made aware of any inappropriate listings or behavior by a user, we may elect to remove such posting and/or terminate their account.

The transaction takes places and is decided exclusively between the buyer and seller, and Hockey Lane only provides use of the Services for advertising purposes. Any claim or dispute that may arise between buying and selling users must be settled solely between them, and all users agree to hold Hockey Lane harmless.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hockey Lane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Prohibited Items:

Hockey Lane prohibits the listing or sale of any items that are illegal under any applicable law, statute, ordinance or regulation at a local, state, provincial, national or international level. Some examples of items that are not allowed include, but are not limited to the following:

• Photos that do not show the item clearly.
• Internet photos not taken or owned by yourself.
• Items infringing on trademarks, copyrights or any other IP rights of third parties.
• Item is perishable (food etc.) or live animals.
• Advertisements.
• Photo or text containing a reference to another website, mobile application or merchant.
• Items that are defective or of poor quality.
• An item listed as "free" but is not intended to be given away.
• There is no realistic price set for the item.
• Duplicated listings
• Other items that are specifically prohibited include:
  • Alcoholic Beverages
  • Blood, Bodily Fluids and Body Parts
  • Burglary Tools
  • Controlled chemical substances (such as cadmium, mercury, acids)
  • Counterfeit currency, stamps or coins
  • Counterfeit Products
  • Databases containing personal data
  • Electronic Surveillance Equipment
  • Embargoed Goods
  • Government, official and Transit Uniforms, IDs and Licenses
  • Illegal Drugs and Drug Paraphernalia
  • All types of illegal services and products
  • Hacking tools
  • Hazardous Materials
  • Fireworks, Destructive Devices and Explosives
  • Identity Documents, Personal Financial Records and Personal Information (in any< form, including mailing lists).
  • Items received through Government assistance
  • Items which encourage or facilitate illegal activity
  • Lottery Tickets, Sweepstakes Entries and Slot Machines
  • Obscene Material and all types of Pornography
  • All type of offensive material
  • Pesticides
  • Pictures or images that contain frontal nudity
  • Police and Other Security Forces Badges and Uniforms
  • Prescription Drugs, medicines, supplements and Devices
  • Recalled items
  • Sexually suggestive clothing including but not limited to underwear, lingerie,
  bathing suits and erotic costumes
  • Stocks and Other Securities
  • Stolen Property
  • Tobacco Products (including vapes and e cigarettes)
  • Used Cosmetics
  • Weapons and related items (such as firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives, and martial arts weapons).

In addition, Hockey Lane reserves the right to remove any listings that we consider inappropriate, unfit for posting, or unrelated to the purpose of the marketplace. Our policies are often based on applicable laws and regulations, although in some cases, we may make listing decisions based on input from our users and our own discretion, especially for dangerous or sensitive items. If you see an item that violates these Terms, please use the “Flag” option next to the advertisement to bring a listing to our attention.

Prohibited Uses:

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by Hockey Lane. We allow you to post ads solely for the purpose of buying and selling new and used ice hockey, roller hockey and lacrosse equipment. Including the following, but not limited to, you agree not to use the Services for any of the following purposes:

1. To abuse, harass, threaten, impersonate or intimidate any person;
2. To post or transmit, or cause to be posted or transmitted, any visual content or communications that are libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person;
3. For any purpose that is not permitted under the laws of the jurisdiction where you are accessing the Services;
4. To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account or private information from any other user on the Services;
5. To create or transmit unwanted ‘spam’ to any person or any URL;
6. To post copyrighted content that does not belong to you;
7. You agree not to use any robot, spider, scraper or other automated means to access or use the Services for any purpose without our express written permission. Additionally, you agree that 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) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures we may use to prevent or restrict Services access;
8. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

We are not liable for any content or communications posted or transmitted through the Services by another user. To report a suspected abuse of the Services or a breach of the Terms please send written notice to Hockey Lane by email to: info@hockeylane.com You are solely responsible for your interactions with other users of the Services. Hockey Lane has no obligation to monitor disputes between you and other users.

Cancellation and Termination:

This Agreement is effective upon your registration. Hockey Lane reserves the right, in its sole discretion, to terminate your access to the Site or App and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Notice and Take Down:

If you believe your copyright-protected work was posted on Hockey Lane without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. The fastest and easiest way to notify Hockey Lane of alleged copyright infringement is via e-mail at:

info@hockeylane.com DMCA Notice

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located
• Your address, telephone number, and email address
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Force Majeure:

In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate the agreement.

Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the Services, or the unavailability of certain aspects of the Services.

Indemnification:

You agree to indemnify, defend and hold harmless Hockey Lane and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, any negligence, willful conduct, or your violation of any law or the rights of a third-party.

Severability:

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Geographical Use:

Although this App and Site may be accessible worldwide, we make no representation that materials on this Site or the services provided through this App or Site are appropriate or available for use in locations outside the United States of America. We make no claims that the Site, App or any of the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Arbitration:

Any controversy or claim arising out of, or relating to, these Terms or the breach thereof, shall be settled by arbitration, in accordance with the laws of the State of California, then obtaining, of the American Arbitration Association, and judgment upon the award rendered may be entered in any Orange County, CA Court. Any award concurred in by a majority of the arbitrators or rendered by the sole arbitrator (as the case may be) shall be binding and conclusive on the parties; and a judgment thereon may be entered in the highest court of the forum having jurisdiction thereof.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Hockey Lane in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Entire Agreement and Waiver:

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Changes to Terms:

We reserve the right to modify the Terms at our sole discretion, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the App or Site. If we make material changes to this policy, we will notify you here that it has been updated. Continued use of the Services following such changes shall constitute your acceptance of such changes and agreement to be bound by the revised Terms.

Applicable Law and Jurisdiction:

These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties agree exclusive jurisdiction shall be in Orange County, California for any and all issues arising out of the Terms or any related documents or transactions, or to the applicable jurisdiction in case of contracting with other consumers to purchase goods.

Contact Information:

Hockey Lane LLC
638 Camino De Los Mares Ste H-130
San Clemente, CA 92673
info@hockeylane.com