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Terms and Conditions

IMPORTANT: PLEASE READ
Last Updated: December 22, 2022

These terms and conditions (the “Terms and Conditions”) govern the use of https://nexusvolleyball.com (the “Site”). This Site is owned and operated by Nexus Volleyball Inc. This Site is an eCommerce Site.

By accessing or using the Site, or otherwise indicating your consent, you agree to be bound by these Terms and Conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately and, in such circumstances, your sole remedy is to discontinue your access or use of the Site. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Communication through the Site
The Site is not a secure means of communication and any information you supply to us will not be treated as confidential. For that reason, you should not submit or send to us any personal or other information which you regard as confidential or commercially sensitive or valuable. You agree not to submit any such information via the Site. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

Where the Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.

Intellectual Property
All content published and made available on our Site is the property of Nexus Volleyball Inc. and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

All Content, and the selection and arrangement thereof, are the property of the Company or its licensors, and are protected by applicable copyright, trademark, patent, trade secret laws and moral rights, whether registered or unregistered anywhere in the world, which are owned and controlled by us or by other parties which have licensed their material to us. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our intellectual property without our prior written permission.

Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner except to print a copy of a web page for personal, non-commercial use only and provided that our name and copyright notices remain intact. Modification or use of Content for any purpose other than those uses for which this Site is designed, or as set out in these terms and conditions, is a violation of our intellectual property rights.

The re-posting of any Content obtained from this Site to any other Site or networked computer environment is prohibited without our prior written consent. Consent to reproduce a blog post written or published by the Company must be obtained in writing.

Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and, in particular, in any digital rights or other security technology embedded or contained within any Content.

Disclaimer
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant, or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other Sites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose. Additionally, while we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant, or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Harass or mistreat other users of our Site;
  • Violate the rights of other users of our Site;
  • Violate the intellectual property rights of the Site owners or any third party to the Site;
  • Hack into the account of another user of the Site;
  • Act in any way that could be considered fraudulent; or
  • Post any material that may be deemed inappropriate or offensive; or
  • Use the Site to distribute viruses or malware or other similar harmful software code; or
  • Reverse engineer, decompile, copy, modify, distribute, transmit, license, sub-license, display, revise, perform, transfer, sell or otherwise exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts
When you create an account on our Site, you agree to the following:

  • You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  • All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Products
These Terms and Conditions govern the sale of products available on our Site. The following goods are available on our Site:
• Volleyball Camps, Clinics and Events Registrations.

These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Payments
We accept the following payment methods on our Site:

  • E-transfer
  • Credit Card via Stripe secure payment gateway

When you provide Stripe with your payment information, you authorize the use of and access to the payment instrument you have chosen to use. By providing the Stripe payment provider with your payment information, you authorize them to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery
At this time we do not have physical goods for purchase.

Should we have physical goods in the future, the goods will be delivered as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.

You will be required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person because you provided us with inaccurate or incomplete information.

Cancellation Policy

UPDATED 2022-Dec-22: To cancel your registration go to our Contact Us page.

NOTE: Store Credit will be given for all cancellations at the rates below, UNLESS the customer REQUESTS a refund. Refunds will be issued using the customer’s original payment method. 

Return of Goods
N/A

Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Permitted Users
The Site is intended for and directed to residents of Canada over the age of 18 years.

Hyperlinks and Third-Party Sites
The Site may contain hyperlinks or references to third-party Sites other than the Site. Any such hyperlinks or references are provided for your convenience only and you access them at your own risk. We have no control over third-party Sites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party Site does not constitute an endorsement of such third-party’s Site, products, or services. Your use of a third-party Site may be governed by the terms and conditions of that third-party site.

Without our express written consent, you agree not to:

  • create or maintain any link from another Site to any page on this Site; or
  • run or display this Site or any Content in frames or through similar means on another Site; or
  • use any meta tags or any other “hidden text” using the Company name.

Should we permit you to create a hyperlink to our Site, you agree not to frame our Site in such a manner as to disguise authorship, origin, attribution, or intellectual property rights.

Limitation of Liability
Nexus Volleyball Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.

You agree that your use of the Site is on an “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for a particular purpose.

Additionally, the Site and the content are provided on an “as is”, “where is”, and “with all faults” basis, and without any and all warranties, express or implied, including but not limited to any warranties of accuracy, timeliness, reliability, title, merchantability, quality, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing.

The Company assumes no liability or responsibility for any errors or omissions in, or reliance upon, the content. Any content downloaded or otherwise obtained through the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Nexus Volleyball Inc. and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

You agree to indemnify the Company and its partners, employees, agents, licensors, and suppliers, as applicable, (collectively, the “Affiliates”), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third-party due to or arising out of:

  • your access or use of the Site and/or the Content;
  • your breach of these terms and conditions; or
  • your violation of any third-party rights.

Applicable Law
The Site is controlled, operated, and administered by Nexus Volleyball Inc. from within the Province of Alberta, Canada. By accessing the Site, you acknowledge and agree that all matters relating to your access to or use of the Site is to be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these Terms and Conditions and your access and use of the Site and the Content.

Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Nexus Volleyball Inc. are unable to resolve any dispute through informal discussion, then you and Nexus Volleyball Inc. agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Nexus Volleyball Inc.

Notwithstanding any other provision in these Terms and Conditions, you and Nexus Volleyball Inc. agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Force Majeure
We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

Language
The parties acknowledge that they have required that these Terms and Conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

Contact Us
If you have any questions or comments about our Terms of Use as outlined above, or our Privacy Policy, you can go to our Contact Us page or email us directly.

Nexus Volleyball Inc.
Red Deer, Alberta
Canada