Terms of Use
Urban Recreation Vancouver Island Ltd. (herein referred to as "URBAN REC") welcomes you to its website (the "Site")! These terms of use ("Terms of Use") apply exclusively to your access to, and use of, this Site so please read them carefully.
URBAN REC reserves the right to change or modify any of the terms contained in these Terms of Use, at any time and in its sole discretion without prior notification. Any changes or modification will be effective upon posting of the revisions to this Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use from time-to-time to understand the terms and conditions that apply to your use of this Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY SUBSEQUENT CHANGES THERETO. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SITE.
TRADEMARK, COPYRIGHT NOTICE AND AUTHORIZED USE OF SITE
This Site contains many of the valuable trademarks owned and used by URBAN REC. These trademarks and related proprietary property may not be copied, distributed, or displayed, or reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except as expressly provided in these Terms of Use or with the prior written permission of URBAN REC.
Copyrighted and copyrightable materials on this Site, including, without limitation, URBAN REC logos, design, text, graphics, pictures, documents and files, and the selection, and arrangement thereof, are the property of URBAN REC, including all intellectual property rights therein including copyright.
ALL RIGHTS RESERVED
You are authorized to access, use and view this Site, and to copy and print documents published by URBAN REC on this Site, for your personal and internal use only. In consideration of this authorization, you agree that any copy of these documents shall retain all trademark, copyright and proprietary notices contained thereon.
Except as stated above, no part of this Site may be reproduced, stored in any retrieval system, or transmitted in any form or by any means, whether electronic, mechanical, printed, photocopied, recorded, or otherwise.
You may not use, frame, or utilize framing techniques to enclose any URBAN REC trademark, logo, or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the express written consent of URBAN REC. Further, you may not use any meta tags or any other "hidden text" utilizing URBAN REC’s name, trademark, or product name without URBAN REC’s express written consent.
DISCLAIMERS
URBAN REC strives to ensure that the information contained in this Site is accurate and reliable. However, URBAN REC makes no representation, warranties or conditions about any information contained in this Site. THIS SITE AND THE INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. URBAN REC DOES NOT REPRESENT OR WARRANT THAT INFORMATION IN THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. URBAN REC IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO INFORMATION ON THIS SITE. WHILE URBAN REC ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THIS SITE IS SAFE, URBAN REC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. URBAN REC DOES NOT WARRANT THAT THIS SITE WILL OPERATE CONTINUOUSLY OR ERROR FREE.
URBAN REC may from time to time revise the information, services, products, prices, and the resources contained in or referred to in this Site, and reserves the right to make such changes without any obligation to notify past, current, or prospective visitors.
IN NO EVENT SHALL URBAN REC BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION (i) DIRECT DAMAGES, (ii) INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, AND (iii) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, ANY INFORMATION PROVIDED THEREIN OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF URBAN REC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
In any event, you agree that URBAN REC maximum aggregate liability for damages arising out of or related to these Terms of Use shall be limited to $10.
The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether for breach of or repudiation of contract, warranty, strict liability, negligence or other tort, or any other legal or equitable theory, and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract.
Profile, Waiver and Code of Conduct
Participants are required to create an URBAN REC profile using accurate information and to indicate online via their profile on URBAN REC’s website that they have read URBAN REC’s most current waiver and code of conduct prior to participating in any URBAN REC event. Participants who do not complete these steps to URBAN REC’s satisfaction at URBAN REC’s sole discretion will not be permitted to participate.
Assumption of risks
In addition to those listed in the URBAN REC waiver, I (the participant) am aware that my participation in URBAN REC programs involves many risks, dangers, and hazards, which could result in damage, loss, serious physical injury or death to me. Some of these risks, dangers, and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms or any mutation thereof.
Play Credit
In certain circumstances, URBAN REC may offer future play credit to teams. This play credit must be used by an expiry date that will be stated when the credit is issued or is contained within these Terms and Conditions. If the credit is not used by the specified expiry date, then it will be forfeited with no compensation. The credit may be used for any future URBAN REC programming as described when the credit is issued. Any credit which is issued is non-transferable and may only be used by the person to whom the credit is issued.
Contact Information
By creating a member profile on our site, you are agreeing to enter contact information that is current and accurate so that URBAN REC can contact you. If your contact information changes, you will be responsible for updating this information on your URBAN REC profile. URBAN REC will not be held responsible for any missed communications due to incorrect contact information being entered on a member’s profile.
No Use By Minors
This site is intended for use by adults only. If you use the site for any purpose, you represent that you are of legal age in the province of British Columbia (19 years of age) and become bound by its terms. Any registration done by an individual who is under 19 years of age will be considered null and void.
Electronic Communications Notice
When you use the site or send emails to URBAN REC, you are communicating with us electronically. You consent to receiving communications from URBAN REC electronically. URBAN REC may communicate with you by email or posting notices on the applicable website. You agree that all agreements and other communications that URBAN REC provides to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for URBAN REC to communicate with you electronically, you may not use our website.
Participant Withdrawal Policy
After registering for an URBAN REC program, the participant is committing to participate in said program. If a participant wishes to withdraw from an URBAN REC program, they may apply to do so as per the Urban Rec Withdrawal Policy.
game cancellation policy
Games will only be cancelled at URBAN REC’s sole discretion. In the event that games are cancelled by URBAN REC, every effort will be made to reschedule the cancelled game(s) at a later date, potentially by having teams play doubleheaders. If cancelled games are unable to be made up due to circumstances outside fo Urban Rec’s control (e.g. weather, smoke, etc.), then no refunds may be issued.
Program Cancellation Policy
Should URBAN REC be unable to provide the program for which you have registered for any reason, registrants will be refunded a minimum of 50% of the amount of their registration fees at the time of cancellation via the form of payment used to register for the program, and the remainder as refundable credit towards URBAN REC programming through Dec 1st of the calendar year following the calendar year in which the original purchase was made. If the refundable credit is not used on or before Dec 1st of the calendar year following the calendar year in which the original purchase was made, URBAN REC will process the outstanding refundable credit amount on or before Dec 31st via the form of payment used to register for the program. In the event of a program cancellation URBAN REC reserves the right to deduct an administrative fee of up to 10% of the total registration fee from the refundable credit portion as outlined above should that credit not be redeemed as per the timelines provided above.
Registration Cancellation Policy
URBAN REC reserves the right, at its sole discretion, to limit quantities, terminate accounts and to refuse or cancel any registration, including after the registration has been submitted, whether or not the registration has been confirmed or accepted and your payment has been processed. In the event that your registration is cancelled after your payment has been processed, URBAN REC will issue a full refund unless the cancellation is due to outstanding fees as described in the Outstanding Fees section of these terms and conditions.
Outstanding Fees
URBAN REC reserves the right to refuse or cancel subsequent registrations by any team or individual who has fees outstanding. In the situation where a team has fees outstanding but attempts to reregister using a different captain or has a roster containing members from a team with fees outstanding, URBAN REC may, at its sole discretion, cancel that team’s registration with a full refund of the purchase price provided less a 10% administration fee or $25, whichever is greater..
Administration Fee
This fee accounts for costs incurred in the administration of payment processing and preparation for delivery of the service for which you have committed upon registering. These costs are unrecoverable by the business and thus are unrecoverable by the consumer.
Code of Conduct Registration Cancellation Policy
URBAN REC reserves the right, at its sole discretion, to cancel any registration on the basis of behavior in contravention of our Code of Conduct. In the event that your registration is cancelled on the basis of behavior in contravention of our Code of Conduct, you agree that there shall be no refund applicable.
Payment Terms
Terms of payment for any services or products purchased from URBAN REC shall be determined at URBAN REC’s sole discretion.
Surveillance
URBAN REC may monitor the access to the site (and any other of its websites) and other activities in relation to the site (and any other of its websites) and may intervene in this regard. However, URBAN REC makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if URBAN REC ever decides to do it.
LINKS TO THIRD PARTY SITES
This Site may link to sites not maintained or related to URBAN REC. These links are provided as a convenience to users and are not sponsored by or affiliated with this Site or URBAN REC. URBAN REC makes no representations, warranties or conditions about these links or the sites linked to this Site. Further, URBAN REC does not implicitly endorse third-party sites linked to this Site. If you access third party websites you do so at your own risk and it is your responsibility, not the responsibility of URBAN REC, to take any and all appropriate protective measures before linking to these third party websites, including without limitation to guard against viruses and other destructive elements. URBAN REC is not responsible for the contents of any page linked to this Site or any other page not under its control.
Modification Of Site; Reservation Of Rights
URBAN REC may, for any reason in its sole discretion and without notice to you, terminate, change, suspend, or discontinue the site or any aspect of it, including but not limited to any site content, features, or hours of availability, and URBAN REC will not be liable to you or any third party for doing so. URBAN REC may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site or affiliated sites without notice or liability. All rights not expressly granted in these terms are reserved to URBAN REC.
Termination
URBAN REC reserves the right, at its sole discretion, to terminate your access to all or any part of the site, with or without notice.
SUBMISSIONS
You agree that any materials, including but not limited to questions, comments, suggestions, documents, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to URBAN REC through this Site, or postings on this Site, are non-confidential (subject to URBAN REC’s Privacy Policy) and shall become the exclusive property of URBAN REC. URBAN REC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose (subject to URBAN REC’s Privacy Policy), commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to URBAN REC, irrevocably waives any and all “moral rights” in such materials, including the rights of integrity and to be to be recognized as the author.
MISCELLANEOUS
These Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. These Terms of Use constitute and contain the entire agreement between you and URBAN REC with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.