EliteHockeyProspect.com Terms of Use

EliteHockeyProspect.com (EHP) provides a personalized subscription service that allows our members to access scouting information, reports, rankings, etc… (“EHP content”) posted to our website and viewable on computers and other devices .

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH ELITEHOCKEYPROSPECT.com (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Membership

   1. Your EHP membership will continue and automatically renew until terminated. To use EHP you must have Internet access and an Internet ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership at least 5 days before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).

   1.2. We may offer a number of ‘Trial’ membership plans, including special promotional plans, however all plans of any type renew until terminated. You can find specific details regarding your EHP membership by visiting our website and clicking on the “Account” link.

2. Promotional Trials
   
   1. Your EHP subscription may start with longer duration subscription for a discounted price. The duration of the discounted subscription will be specified during sign-up and is intended to allow new and certain former members a way to subscribe and receive a discounted subscription fee.

   2.2. We will charge the membership fee for your next billing cycle to your Payment Method at the end of the promotional trial period and your membership will automatically renew unless you cancel your membership prior to the end of the promotional trial period. To view the applicable membership price and end date of your promotional trial period, visit our website.

3. Billing and Cancellation

   1. Billing Cycle.The membership fee for the EHP will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Account” page to see your next payment date.

   3.2. Payment Methods. To use the EHP service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

   3.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

   3.4. Cancellation. You can cancel your EHP membership at any time, and you will continue to have access to the EHP service through the end of your billing period. To cancel, go to the “Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click on the “Account” page.  If you used PayPal as a payment method, you can cancel renewals by logging into you PayPal account at paypal.com.

   3.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

   3.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

4. EHP Service

   1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the EHP service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

   4.2. The EHP service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your EHP membership, we grant you a limited, non-exclusive, non-transferable right to access the EHP service and view EHP content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.

   4.3. You may view EHP content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. The number of devices on which you may simultaneously access content is limited to two (2) devices.

   4.4. The EHP service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of EHP content.

   4.5. You agree to use the EHP service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the EHP service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the EHP service; use any robot, spider, scraper or other automated means to access the EHP service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the EHP service; insert any code or product or manipulate the content of the EHP service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EHP service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

   4.6. The quality of the display of the EHP content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.

5. Passwords and Account Access.The member who created the EHP account and whose Payment Method is charged (the “Account Owner”) has access and control over the EHP account and the EHP ready devices that are used to access our service and is responsible for any activity that occurs through the EHP account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the EHP ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, EHP or our partners from identity theft or other fraudulent activity. EHP is not obligated to credit or discount a membership for holds placed on the account by either a representative of EHP or by the automated processes of EHP.

6. Disclaimers of Warranties and Limitations on Liability
   
   1. THE EHP SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE EHP SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EHP DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EHP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EHP SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, EHP READY DEVICES, AND EHP SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

   6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EHP, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

   6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

   6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

7. Arbitration Agreement
   
   1. If you are a EHP member in the United States (including its possessions and territories), you and EHP agree that any dispute, claim or controversy arising out of or relating in any way to the EHP service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EHP are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your EHP membership.

   7.2. If you elect to seek arbitration or file a small claim court action, you must first send to EHP, by certified mail, a written Notice of your claim (“Notice”). The Notice to EHP must be addressed to info@elitehockeyprospect.com (“Notice Address”). If EHP initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by EHP, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If EHP and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EHP may commence an arbitration proceeding or file a claim in small claims court.

8. Miscellaneous

   1. Governing Law.These Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

   8.2. Unsolicited Materials. EHP does not accept unsolicited materials or ideas for EHP content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EHP. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EHP and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

   8.3. Feedback. EHP is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the EHP service, including the EHP website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the EHP service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.

   8.4. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the EHP Help Center on our website. In the event of any conflict between these Terms of Use and information provided by Customer Service or other portions of our website, these Terms of Use will control.

   8.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

   8.6. Changes to Terms of Use and Assignment. EHP may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable EHP service.

Last Updated: November 19, 2019