Terms and Conditions
The online website, shop.stjohniscecaps.com (the “Online Shop”), is owned by the St. John’s IceCaps (“IceCaps”) and the IceCaps operate the Online Shop in conjunction with Eclipse Media Group Inc. (“Eclipse”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ONLINE SHOP. BY USING THE ONLINE SHOP, YOU CONFIRM YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE THE ONLINE SHOP.
Products, Content and Specifications. All content, specifications, features, products and prices of products and services described or depicted on any page of the Online Shop are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The IceCaps make all reasonable efforts to accurately display the attributes of its products, including the applicable colors; however, the actual color you see will depend on your computer system and The IceCaps cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Online Shop at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Online Shop. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any and all videocassettes, DVDs and similar products sold are for private, non-public performance and may not be duplicated.
Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in the Online Shop. All purchases from the Online Shop are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Online Shop pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. The IceCaps attempt to ensure that information in the Online Shop is current, complete and accurate. Despite its efforts, the information in the Online Shop may occasionally be out of date, inaccurate or incomplete. The IceCaps make no representation as to the currentness, completeness or accuracy of any information in the Online Shop. For example, products included in the Online Shop may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated in the Online Shop. In addition, The IceCaps may make changes in information about price and availability without notice. While it is The IceCaps’ practice to confirm orders by email, the receipt of an email order confirmation does not constitute The IceCaps’ acceptance of an order or its confirmation of an offer to sell a product or service. The IceCaps reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The IceCaps also may require verification of information prior to the acceptance and/or shipment of any order.
Use of the Online Shop. The Online Shop design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Online Shop are either the property of, or used with permission by, The IceCaps and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. The software and other technology components of this website are the property of Eclipse or its affiliates and suppliers. You may not modify the information or materials located in the Online Shop in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed in the Online Shop are registered and unregistered trademarks, trade names and service marks of The IceCaps and its affiliates. Other trademarks, trade names and service marks used or displayed in the Online Shop are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained in the Online Shop grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed in the Online Shop without the express written permission of The IceCaps or such third party owner.
Linking to the Online Shop. Creating or maintaining any link from another website to any page of the Online Shop without The IceCaps’ prior written permission is prohibited. Running or displaying the Online Shop or any material displayed in the Online Shop in frames or through similar means on another website without The IceCaps’ prior written permission is prohibited. Any permitted links to the Online Shop must comply will all applicable laws, rule and regulations.
Third Party Links. The Online Shop may, from time to time, contain links to websites that are not owned, operated or controlled by The IceCaps or any of its affiliates. All such links are provided solely as a convenience to users of the Online Shop. If you use these links, you will leave the Online Shop. Neither The IceCaps nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither The IceCaps nor any of its affiliates endorse, recommend, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from any other website, or the results that you may obtain from using any other website. If you decide to access any other website linked to or from the Online Shop, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that The IceCaps may have at law or in equity, if The IceCaps reasonably determines that you have violated or are likely to violate the foregoing prohibitions, The IceCaps may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from the Online Shop of the related materials. The IceCaps will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing The IceCaps to disclose the identity of anyone posting such materials.
Disclaimers. YOUR USE OF THE ONLINE SHOP IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE ONLINE SHOP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER THE ICECAPS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES IN OR THROUGH THE ONLINE SHOP. THE MATERIALS AND SERVICES IN OR THROUGH THE ONLINE SHOP MAY BE OUT OF DATE, AND NEITHER THE ICECAPS, NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED IN OR THROUGH THE ONLINE SHOP ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ICECAPS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED IN OR THROUGH THE ONLINE SHOP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ICECAPS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability. The IceCaps do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Online Shop or your downloading of any materials, from the Online Shop. IN NO EVENT WILL THE ICECAPS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE ONLINE SHOP BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ONLINE SHOP, ANY WEBSITES LINKED TO THE ONLINE SHOP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.IN THE EVENT OF ANY PROBLEM WITH THE ONLINE SHOP OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE ONLINE SHOP. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED IN OR THROUGH THE ONLINE SHOP, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED IN THE ONLINE SHOP.
Revisions to these Terms and Conditions. The IceCaps may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the Online Shop.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and The IceCaps to the extent necessary to resolve any inconsistency or ambiguity between them. The Online Shop is administered by The IceCaps from its offices in St. John’s, Newfoundland. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Newfoundland, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Online Shop shall be brought only in the courts of the Province of Newfoundland. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or The IceCaps may suspend or terminate your account or your use of the Online Shop at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. The IceCaps reserve the right to change, suspend, or discontinue all or any aspect of the Online Shop at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, The IceCaps invite you to call its customer care department at 204.926.5616.
St. John’s IceCaps Hockey Club
P.O. Box 1880, Station C
St. John’s, NL
Phone: (709) 576-0968 Fax: (709) 576-6546