Terms & Conditions


We encourage you to read out “Terms & Conditions” and “Refund Policy” upon visiting our site. 

BY USING SPORTSYARD.CA AND THE SERVICES OFFERED ONLINE, YOU AGREE TO BE BOUND BY THESE CONDITIONS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE CONDITIONS OF USE, YOU MAY NOT USE THE SPORTSYARD.CA SITE.

Electronic Communications

When you visit SPORTSYARD.CA or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the SPORTSYARD.CA and SPORTSYARD.CA email sign-up. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on the SPORTSYARD.CA - such as text, without limitation, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software - is the property of SPORTSYARD.CA or partnered suppliers, and is protected by Canadian and international copyright laws. The compilation of all content on the SPORTSYARD.CA site is the exclusive property of SPORTSYARD.CA and protected by Canadian and international copyright laws. All software used on the SPORTSYARD.CA site is the property of SPORTSYARD.CA or its software suppliers, and protected by Canadian and international copyright laws.

License and Site Access

SportsYard grants you a limited license to access and make personal use of the SPORTSYARD.CA and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of SportsYard. This license does not include any resale or commercial use of the SPORTSYARD.CA site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the SPORSTSYARD.CA site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The SPORTSYARD.CA site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SportsYard. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SportsYard without express written consent. You may not use any meta tags or any other "hidden text" utilizing SportsYard’s name or trademarks without the express written consent of SportsYard. Any unauthorized use terminates the permission or license granted by SportsYard. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the SportsYard home page, so long as the link does not portray SportsYard or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SportsYard logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the SportsYard site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use SportsYard only with involvement of a parent or guardian. SportsYard reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Billing, Payment & Credit Card Information

When you place your first order, we will save your credit card information for use on future purchases. Your card will be billed for any recurring orders. We accept Visa, MasterCard and American Express as forms of payment. We encourage you to keep your payment information up to date to avoid interruption of service.

Contacts & Information Imported via Sharing

Any contact information imported or shared with another person may be stored privately by SportsYard, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.

Returns & Exchanges

Sportsyard.ca is an online flash sale website. All sales are final. We encourage you to visit our refund policy page.

Reviews, Feedbacks, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SportsYard reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant SportsYard a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SportsYard the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SportsYard for all claims resulting from content you supply. SportsYard has the right but not the obligation to monitor and edit or remove any activity or content. SportsYard takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

SportsYard respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@sportsyard.ca with the subject “Terms & Conditions”.

Risk of Loss

All items purchased from SportsYard are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Product Descriptions

SportsYard has made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.'

All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

SportsYard attempts to be as accurate as possible. However, SportsYard does not warrant that product descriptions or other content of the SportsYard site are accurate, complete, reliable, current, or error-free. If a product offered by SportsYard is not as described, please contact our customer service department at info@sportsyard.ca with the subject “Terms & Conditions”.

Illegal Usage Prohibited

You shall not use SportYard’s Website or materials to past, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of SportsYard. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.

Links to Other Websites

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. SportsYard has not reviewed these third party Websites and does not control and is not responsible for any of these Websites or their content. SportsYard does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risks.

Termination

You acknowledge and agree that SportsYard, in its sole and absolute discretion may, without notice to you, suspend or terminate your use of, or access to the Website, for any services and remove and discard any related materials for any reason, including where SportsYard believe that you have violated any of these terms. You agree that SportsYard shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website.

Disclaimer

You acknowledge that you are using this site including its materials at your own risks. SportsYard and its partners, affiliates and suppliers do not guaranty error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non infringement of intellectual property. SportsYard and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and SportsYard makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnification

You shall indemnify and forever save harmless SportsYard, its partners, affiliates, parent company, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this site.

Applicable Law

By visiting the SPORTSYARD.CA site, you agree that the laws of the Province of Ontario and the laws of Canada, without regard to principles of conflict of laws, will govern these Conditions of Use. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

Revision of Terms

SPORTSYARD may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms. Certain provisions of these terms may be superceeded by expressly designated legal notices or terms located on particular pages of this site.

Entire Agreement

These terms together with SportsYard’s privacy policy constitute the complete and entire agreement between you and SportsYard’s pertaining to the use of this site and superceed any prior agreements, whether written or oral.

Waiver

SportsYard will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by SportsYard. No delay or omission by SportsYard in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.

Entire Agreement

These Terms constitute the entire agreement between SPORTSYARD, SPORTSYARD.CA and you in relation to your use of this website, and supersede all prior agreements and understandings.

 

Site Policies, Modification and Severability

Please review our other policies, such as our refund policy, posted on the SportsYard site. These policies also govern your visit to the SportsYard site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Any changes or revisions will be effective immediately upon their posting on the SportYard site. Your use of the SportsYard site will be subject to the version of the Terms & Conditons posted on this site at the time of such use. Accordingly, you are advised to review the Conditions of Use prior to using the SportsYard site.

YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SPORTSYARD AND ARE TO DISCONTINUE USE OF THE SITE IMMEDIATELY. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.