Terms of Use

This website (https://yardathleticcentre.com (the "Website")) is operated by Yard Athletic Centre ("Company", "we", "us") and includes the content, functionality and services offered on or through the Website, whether as a guest or as a registered user. The Website is made available subject to these Terms of Use (the "Terms"). Please read these Terms carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by the Terms. If you do not want to agree to the Terms, you must not use the Website.

Privacy and data collection

The Website is governed by our Privacy Policy. As outlined in the policy, personal data may be collected via the Website through forms, login/account capabilities, and other interactions.

This Website is not intended for use by users under the age of 18. If you believe we have collected information from a minor, please contact us immediately so we can remove the data from our systems.

Please review our Privacy Policy for more information.

Links to third party sites

Our Website may include links to third party sites. These links are for convenience only and does not mean that we endorse, recommend or guarantee the accuracy, currency or validity of the content for a particular purpose. We assume no responsibility for the content or practice of third-party sites.

Links to the Website from third parties

A link to the Website does not imply or guarantee that we have an association with the link provider. You should also independently assess the authenticity of links to the Website, including those from other websites or an email.

Prohibited uses

You may use the Website solely for legal purposes and in accordance with the Terms. You agree not to use the Website in any manner that:

• Violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, laws regarding the export of data or software to and from Canada or other countries).
• Transmits, or facilitates the transmission of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or any other similar solicitation.
• Involves impersonating or attempting to impersonate the Company, a Company employee, another user, or any other person or entity (for example, by using email addresses or screen names associated with any of these).
• Engages in any other conduct that restricts or inhibits another's use or enjoyment of the Website, or that, in our judgment, could harm the Company or its users or expose them to liability.

Additionally, you agree not to:

• Use the Website in any way that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities.
• Employ any robot, spider, or other automated device, process, or means to access the Website for any purpose, including monitoring or copying any material on the Website.
• Use any manual process to monitor or copy any material on the Website, or for any other purpose not expressly authorized by these Terms of Use, without our prior written consent.
• Utilize any device, software, or routine that interferes with the proper functioning of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful materials.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server hosting the Website, or any connected server, computer, or database.
• Attack the Website via a denial-of-service or distributed denial-of-service attack.
• Otherwise interfere with the normal operation of the Website.

Governing law

You agree that the Terms, as well as any disputes arising from them or related to any of our services, shall be governed and interpreted in accordance with the laws of the Province of Ontario and Canada, without regard to any conflict of law provisions.

Both parties agree to first attempt to resolve any dispute, claim, or controversy related to the Terms through good faith negotiations. Any arbitration or court proceeding arising from these Terms of Use shall take place exclusively in Kitchener, Ontario, and any resulting decision or award shall be binding on all parties. Additionally, the prevailing party or parties will be entitled to recover reasonable attorneys' fees and other costs incurred, along with any other relief to which they may be entitled.

Limitation on liability

To the fullest extent permitted by law, the company, its affiliates, and their licensors, service providers, employees, agents, officers, or directors shall not be liable for any damages whatsoever—under any legal theory—arising from or relating to your use or inability to use the website, any websites linked to it, or any content on the website or those linked sites. This includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages such as personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, regardless of whether such damages arise from tort (including negligence), breach of contract, or any other cause, even if foreseeable.

This limitation does not affect any liability that cannot be excluded or limited under applicable law.

We make every reasonable effort to ensure the Website is accurate and current, but you should verify information or conduct your own due diligence where accuracy and currency are important.

Indemnification

You agree to indemnify and hold the Company harmless against any and all claims, actions, demands, liabilities, settlements, and third-party claims or causes of action—including, without limitation, attorneys' fees—that arise from your violation of these Terms of Use or any use of the website. You will bear full financial responsibility for any such defence, including providing us with any information, documentation, and reasonable access we deem necessary. You also agree not to settle any third-party claim or waive any defence without our prior written consent.

Severability

If any provision or part of a provision of the Terms become unlawful, void, or unenforceable under the applicable law, that provision or part of the provision shall be deemed severable from the Terms (and/or Privacy Policy) and will not affect the validity and enforceability of any remaining provisions.

Change to the Terms

We may change these Terms from time to time. If and when the Terms are changed, we will post on the Website the updated version of the Terms along with the date on which they were last updated.