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WEBSITE TERMS OF USE AND CONDITIONS

AIRTIME ATHLETICS INC.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use and Conditions (the "Terms") govern your access to and use of the AIRTIME Athletics Inc. website, mobile applications, and related digital platforms (collectively, the "Platform"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to all of these Terms, you must not access or use the Platform.

1. DEFINITIONS

In these Terms:

a) "AIRTIME," "we," "us," or "our" means AIRTIME Athletics Inc., its subsidiaries, affiliates, directors, officers, employees, agents, and contractors.

b) "Content" means all information, text, graphics, photos, music, videos, data, links, software, and other materials that are available on the Platform.

c) "Intellectual Property" means all patents, trademarks, service marks, trade names, domain names, logos, designs, copyrights, trade secrets, know-how, and other intellectual property rights.

d) "User," "you," or "your" means any individual or entity that accesses or uses the Platform.

e) "User Content" means any content that a User posts, uploads, submits, or otherwise makes available on or through the Platform.

2. PLATFORM ACCESS AND ACCOUNT REGISTRATION

2.1 Access Conditions

Subject to these Terms, AIRTIME grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for your personal, non-commercial purposes. We reserve the right to withdraw or modify the Platform, and any service or material provided on the Platform, in our sole discretion without notice.

2.2 Account Registration

a) Certain features of the Platform may require registration. When you register, you agree to:

  • Provide accurate, current, and complete information;

  • Maintain and promptly update your registration information;

  • Keep your password confidential and notify us immediately of any unauthorized access; and

  • Accept responsibility for all activities that occur under your account.

b) You must be at least 13 years of age to register for an account. If you are under 18 years of age, you represent that you have your parent or guardian's permission to use the Platform and that they have read and agreed to these Terms on your behalf.

c) AIRTIME reserves the right to disable any account, password, or other identifier at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

a) The Platform and its entire Content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AIRTIME, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

b) AIRTIME's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AIRTIME.

3.2 License to Use

Subject to these Terms, AIRTIME grants you a limited, non-exclusive, non-transferable, and revocable license to:

  • Access and view the Content for your personal, non-commercial use; and

  • Print or download one copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

3.3 Prohibited Uses

You shall not:

  • Modify copies of any materials from the Platform;

  • Use any illustrations, photographs, videos, or audio sequences or any graphics separately from the accompanying text;

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform; or

  • Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you wish to make any use of material on the Platform other than as set out in this section, please direct your request to: [contact@airtimeathletics.com].

4. USER CONTENT AND CONDUCT

4.1 User Content

a) The Platform may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit User Content.

b) By posting User Content, you grant AIRTIME a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media formats and through any media channels for any purpose, including for promoting and redistributing part or all of the Platform.

c) You represent and warrant that:

  • You own or control all rights in and to the User Content or have the right to grant the license above;

  • The User Content does not violate the privacy rights, publicity rights, copyrights, contractual rights, intellectual property rights, or any other rights of any person or entity; and

  • The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

4.2 Prohibited User Conduct

You agree not to:

  • Use the Platform in any way that violates applicable laws or regulations;

  • Use the Platform to transmit or send unsolicited commercial communications;

  • Impersonate or attempt to impersonate AIRTIME, an AIRTIME employee, another user, or any other person or entity;

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform;

  • Use the Platform in a manner that could disable, overburden, damage, or impair the Platform;

  • Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose;

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Platform;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform; or

  • Otherwise attempt to interfere with the proper functioning of the Platform.

4.3 Monitoring and Enforcement

a) AIRTIME has the right, but not the obligation, to:

  • Monitor, screen, post, remove, refuse to post, or otherwise modify any User Content for any reason;

  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion;

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; and

  • Terminate or suspend your access to all or part of the Platform for any violation of these Terms.

b) We assume no liability for any action or inaction regarding transmissions, communications, or User Content. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

5. LINKING TO THE PLATFORM AND SOCIAL MEDIA FEATURES

5.1 Linking to the Platform

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

5.2 Social Media Features

The Platform may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain Content on the Platform;

  • Send emails or other communications with certain Content from the Platform; or

  • Cause limited portions of Content on the Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Additional or different terms and conditions may apply to your use of any third-party social media platform.

6. THIRD-PARTY WEBSITES AND CONTENT

6.1 Third-Party Websites

The Platform may contain links to other websites and resources provided by third parties. These links are provided for your convenience only and do not imply endorsement, approval, or control by AIRTIME of these websites or any information, products, or services they contain.

6.2 Third-Party Content

The Platform may display content from third parties, including User Content, advertisements, and other content licensed or obtained from third parties ("Third-Party Content"). AIRTIME does not control, endorse, or adopt any Third-Party Content and makes no representations or warranties of any kind regarding such Third-Party Content.

6.3 Disclaimer of Liability

AIRTIME is not responsible, or liable to you or any third party, for:

  • The availability or accuracy of third-party websites or resources;

  • The content, products, or services available from such third-party websites or resources; or

  • Any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party websites, resources, content, products, or services.

7. PRIVACY

Your use of the Platform is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein.

8. DISCLAIMER OF WARRANTIES

8.1 No Warranties

a) YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

b) NEITHER AIRTIME NOR ANY PERSON ASSOCIATED WITH AIRTIME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

8.2 Disclaimer of Specific Warranties

WITHOUT LIMITING THE FOREGOING, NEITHER AIRTIME NOR ANYONE ASSOCIATED WITH AIRTIME REPRESENTS OR WARRANTS THAT:

  • THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED;

  • DEFECTS WILL BE CORRECTED;

  • THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

  • THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8.3 Jurisdictional Limitations

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 LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

9.1 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIRTIME, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR USE, OR INABILITY TO USE, THE PLATFORM;

  • ANY WEBSITES LINKED TO THE PLATFORM;

  • ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES; OR

  • ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES,

INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

9.2 Liability Cap

IN THE EVENT THAT LIABILITY CANNOT BE EXCLUDED, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:

  • THE AMOUNT PAID BY YOU TO AIRTIME, IF ANY, IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR

  • ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

9.3 User Responsibility for Data Backup

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND SUBMISSIONS, INCLUDING BACKING UP YOUR DATA, AND YOU EXPRESSLY AGREE THAT ANY USE OF THE PLATFORM IS AT YOUR SOLE RISK.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AIRTIME, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;

  • Your User Content;

  • Your use of the Platform, including, but not limited to, your use of any information obtained from the Platform; or

  • Your violation of any third party's rights, including without limitation any copyright, property, or privacy right.

11. DISPUTE RESOLUTION

11.1 Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

11.2 Forum Selection

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the courts of the Province of Ontario located in the City of Hamilton, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant jurisdiction.

11.3 Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the ADR Institute of Canada, Inc. applying Ontario law.

11.4 Limitations Period

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. TERMINATION

12.1 Termination by AIRTIME

AIRTIME may terminate or suspend your access to all or part of the Platform, without notice, for any conduct that AIRTIME, in its sole discretion, believes violates these Terms or is harmful to other users of the Platform, AIRTIME, or third parties, or for any other reason.

12.2 Effect of Termination

Upon termination:

  • Your right to use the Platform will immediately cease;

  • If your account is terminated, you must immediately discontinue all use of the Platform and delete any content you have downloaded; and

  • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. GENERAL PROVISIONS

13.1 Entire Agreement

These Terms, our Privacy Policy, and any additional terms, rules, or policies referenced herein or otherwise applicable to specific services or features of the Platform, constitute the entire agreement between you and AIRTIME with respect to your use of the Platform.

13.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13.3 Waiver

No waiver by AIRTIME of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AIRTIME to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AIRTIME without restriction. Any assignment attempted in violation of these Terms is void.

13.5 Force Majeure

AIRTIME will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of AIRTIME including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, pandemic, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

13.6 Electronic Communications

When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Platform. 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.

13.7 Headings

The section titles in these Terms are for convenience only and have no legal or contractual effect.

13.8 Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: [contact@airtimeathletics.com].

13.9 Export Regulation

The Platform may be subject to Canadian export control laws. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

13.10 Changes to Terms

AIRTIME reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms on the Platform. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.

13.11 Interpretation

These Terms shall not be construed against AIRTIME by virtue of having drafted them. The language in all parts of these Terms shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against either party.

 

Last Updated: 2025-03-02

AIRTIME Athletics Inc.

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