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JMS Hockey Terms of Use

To participate in a JMS Hockey game, you must first agree to the terms of service.

Terms of Use

Welcome to JMS Hockey LLC (“JMS” and “JMS Hockey”). The JMS program is organized by the jmshockey.com website (the “site”), composed of various web pages operated by JMS Hockey LLC. By accessing, browsing, playing a game and/or otherwise using the JMS program, you acknowledge that you have read, understood, and agree, to be bound by these Terms of Use.
If you do not agree to these terms of use, do not use the website/play JMS.

JMS Hockey and JMShockey.com provide participants with hockey games and a means to sign up for those games via an online account which tracks purchases and games, and also allows users to communicate with others via on-site forums and messages. You understand and agree that the JMS services are provided on an “as-is” and “as available” basis and that JMS assumes no responsibility for, among other things: goalie no-shows; low game rosters or turnouts; game cancellations due to the facility’s scheduling errors, maintenance issues, or closure due to weather; any service outages or interruptions; the unavailability of particular features or services; or the inability to access all or part of JMS services. JMS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. An offer for any feature, product or service on the website is void where prohibited.

All JMS sessions are pick-up hockey and as such, not refereed; like other pick-ups, players police their own behavior. Your registration for a game signals your understanding, acceptance and agreement to play hockey in this organized but not refereed manner.

By registering with the site/for a game, you agree to obey the JMS rules:
You agree you will not fight and will not pursue/address another player in a hostile fashion. While aggression is part of the game, JMS will never tolerate fighting. All behavior decisions will be made by JMS captains and administration. Fighting is grounds for ejection without refund for that session, and likely complete removal from the JMS program. Please see our Disciplinary Policy for full details.
You agree to wear full gear: shinpads, breezers, elbows, shoulder pads (optional but strongly recommended), gloves and helmet. If you come to a game without adequate protective gear, you will not be allowed to play and you will forfeit your session fee. We take safety seriously.
You agree to play sober. If you come to the game drunk, you won’t be allowed to play and will forfeit your signup fee. All drinking-related decisions will be made by JMS captains and administration.
You agree not to instruct or criticize other players without their permission. If they want coaching, they’ll ask for it. Until they do, don’t tell other players how to play or what you think they’re doing wrong.
You agree you will not misrepresent yourself or your playing history in any way. Misrepresentation of any kind can be grounds for total removal from the JMS program.
If a goalie, you agree to show up for your game. If not, JMS will take action including but not limited to curtailing your goalie signup privileges.

Captains at the sessions are there to balance teams and handle any misbehavior issues should they occur (which is rare). You agree to contact the session captain with any concerns.

By participating in JMS, you acknowledge that hockey is a physical sport and injuries may occur. You agree not to hold JMS representatives (administrators or captains), or JMS Hockey LLC responsible for injuries you sustain on the ice. Please see the Injury/Ambulance Policy for full details.

You also agree to pay for any icetimes you register for. If you cancel less than 48 hours before a session begins, you can be responsible for all or a portion of the skate time you promised to attend. Please see the Cancellation/Refund Policy for full details.

Game Levels
JMS makes every effort to place players accurately within our level system, though occasionally players may be miscategorized. Your use of the JMS program acknowledges not all players at a game will be at the same level, and that, while JMS will address these issues as they arise, JMS is not promising all games will be free from players far above or far below the other skaters. JMS will also make level accessibility changes based on feedback from captains and other information obtained about skater skill level/experience. By using the JMS program, you agree that JMS captains and administrators will set your level of play. If JMS deems you have been assigned incorrectly, we may change your level, with or without notice to you. Games often have a quota for different levels of player. JMS reserves the right to expand quotas if there are open spots on game day. Your registration for a game acknowledges this practice and your acceptance thereof.

Disciplinary Policy
All actions will be assessed and addressed by JMS captains and administration. You agree to abide by JMS captains/administration decisions. Captains may issue a warning during or after a game, or you may be contacted by JMS administration after a game. Failure to adequately modify behavior after a warning can result in suspension or complete removal from the JMS program. Actions subject to the disciplinary policy include but in no way are limited to: overly aggressive play, such as fighting, checking, hooking, slashing, charging, attacking the goalie after the puck is covered, etc.

Ambulance Policy
If you are injured, you may decide to return to the game or to leave the game. Unfortunately, JMS cannot guarantee refunds due to player injury. If a captain feels you are too injured to keep playing, the captain may remove you from the game and may, if the captain deems appropriate, call 911. If trained EMTs are involved in responding to your injury, they will make the determination about your medical condition. If their evaluation recommends that you go to the hospital or otherwise seek immediate medical attention, you are not permitted to rejoin the game. You acknowledge that neither JMS nor any JMSer or representative of JMS is responsible to conduct you to a hospital. If someone volunteers to take you, or if you as a healthy skater volunteer to take an injured skater, that is solely the decision of the driver and JMS assumes no responsibility for the trip or actions/events related to it.

By participating in the JMS program, you acknowledge that hockey is a physical sport and injuries may occur. You agree to this ambulance policy and agree to not hold JMS representatives (administrators or captains), or JMS Hockey LLC responsible for injuries you sustain on the ice.

Cancellation/Refund Policy
You may cancel up to 48 hours before icetime and the funds will immediately be re-credited to your account. If you are within the 48-hour pregame window, but cancel within 20 minutes of signing up for a game, you will also be immediately refunded in full. If you cancel less than 48 hours before icetime, but more than 20 minutes after you signed up, your refund is contingent on the session filling and your spot being taken; when that happens, your account will be automatically refunded.
Unfortunately, JMS cannot guarantee refunds due to player injury.
JMS is not responsible nor liable for game cancellations due to the facility’s scheduling errors, closing due to weather or cancellation due to mechanical issues. If a facility cancels a game, JMS will always refund all participants in full.

Inactive Accounts
For accounting purposes, JMS cannot indefinitely support account balances on inactive accounts. If you have not played a JMS game within one year (365 days), JMS will attempt to contact you at least three times via any means you entered on your account (e-mail address, phone number or emergency contact number) to arrange a refund of the remaining balance on your account. Refunds will be issued via check, which you may pick up at a pre-arranged location (free), or may have mailed to you (less postage and envelope cost). If you do not respond within one month of the third contact seeking to arrange a refund, JMS will consider your funds abandoned and roll them into our puck and gear expenses account. JMS STRONGLY urges all participants to keep accounts active and to maintain accurate contact information on their accounts. Please, help us get your money back to you, if your account becomes inactive.

Your Use of the Website
You agree to provide true, accurate, current and complete information about yourself. You may not pretend that you are, or that you represent, someone else or impersonate any other individuals or entity. Misrepresentation in any form can be cause for removal from all JMS participation. You are responsible for your password and user ID. You acknowledge and agree that the website contains proprietary information that is protected by applicable intellectual property and other laws. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the website services, and access to the website services or any of the content accessible through the website services. You also agree not to use the website services to: (a) violate or solicit the violation of any applicable local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; or (c) interfere with or disrupt the proper working of the website. You may not probe, scan or test the vulnerability of the website, nor breach the security or authentication measures on the website. You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the website. You agree not to use any automated device or process (including without limitation, “deep-link,” “page-scrape,” “robot,” or ‘spider”) or any similar or equivalent manual process, to monitor, access, copy or extract information or content from the website, except to use such information or content for purposes of listing the website with a search engine or other service designed to direct users to the website. You agree not to copy, modify, or publicly display elsewhere any information or content on the website for use in any commercial manner, except to use such information or content for purposes of listing the website in a search engine or other service directing users to the website. You agree that application or reliance on the content accessed through the website services is at your sole discretion and risk.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use jmshockey.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to JMS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of JMS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. JMS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of JMS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JMS or our licensors except as expressly authorized by these Terms.

Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JMS is not responsible for third party access to your account that results from theft or misappropriation of your account. JMS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. JMS is for adults age 18 and above; any younger participants must be individually approved by JMS management and may then only use the site with permission of a parent or guardian.

Data Security
No data transmissions over the Internet can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we will make all reasonable efforts to ensure security on our systems. We use secure server software and firewalls to protect your information from unauthorized access or disclosure. You should be aware that this is not a guarantee that such information may not be accessed or disclosed by breach of such firewalls and secure server software. By using this website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this website. We may post a notice on our website if a security breach occurs. In these circumstances, we may also send an e-mail to you at the e-mail address you have provided to us so that you can take appropriate steps. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at info@jmshockey.com.

Cookies
We may use “cookies,” which are stored on your computer and contain small amounts of information sent by jmshockey.com to your computer and read by jmshockey.com when you visit different pages of our website. Cookies allow us to remember your username and password as you navigate around our website. We may also use “activity tags” (also called “spotlight tags”). These invisible tags provide information to third parties about the flow of users on our website and other websites. We may receive reports generated from that information. Information collected from the use of activity tags on our website is not linked to any personally identifiable information you provide to jmshockey.com.
Privacy
Your use of jmshockey.com is subject to JMS’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Privacy Policy
JMS Hockey LLC is committed to protecting your privacy. We use the information we collect about our site visitors to provide a more personalized and relevant experience. We may collect information from you when you register with jmshockey.com (and in other areas of jmshockey.com)such as the following: your name, e-mail address, user ID, password, telephone number, physical address, birth date, gender, zip code and JMS Hockey LLC membership number. This information is personally identifiable information and it allows us to contact you and distinguish you from other users. You may buy various products and services on our website. When you make purchases through jmshockey.com, we gather information such as what you are purchasing, your method of payment, and your billing and shipping information. We will use this information to complete the transaction, to provide you with an order history and to facilitate future orders. This information may also be used for aggregate reporting (which summarizes the data in a report which does not contain your personally identifiable information). We may provide fitness tracking tools which allow you to save information so that you can track your workouts, nutrition or other private information about yourself. We may store your fitness tracking information on our servers in order to provide you with these tools. We may also use that information to provide you with other services through our website. Once we separate your fitness tracking information from your personally identifiable information, so that it cannot be linked back to you, we may use the aggregated information for other purposes. You may have the opportunity to enter certain sweepstakes and contests which require registration with jmshockey.com. If you enter a JMS Hockey LLC or jmshockey.com contest, we record your entry and link it to your jmshockey.com registration information. Your personally identifiable information may be used to contact you for winner notification, prize delivery and related purposes. We may receive additional personally identifiable information from you through communications with jmshockey.com. For example, if you e-mail info@jmshockey.com to ask about a product or service, we will use that information to respond to your inquiry, to have a history of our service to you and to make better our service by reporting your request, without any personally identifying information, in our customer service totals. How Is This Information Used The information we collect is used to improve the content and layout of our website. For example, information may be used to customize the content of our websites, to notify consumers about updates, or to contact consumers for marketing purposes directly related to JMS Hockey LLC.

Electronic Communications
Visiting jmshockey.com or sending e-mails to JMS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. The e-mail address that you include on your JMS account shall be our first and primary means of contacting you.

Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: advertise a competing service, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
JMS does not monitor and is not responsible for private messages, forums posts or other communications you may have with other members of JMS.
JMS has no obligation to monitor the Communication Services. However, JMS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. JMS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
JMS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JMS’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. JMS does not control or endorse the content, messages or information found in any Communication Service and, therefore, JMS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized JMS spokespersons, and their views do not necessarily reflect those of JMS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.


Statistical Data
In order to maintain and improve jmshockey.com, we also gather some statistical data when you visit the website. The exact information we collect may vary, but can include the date and time of an access to our website, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your personally identifiable information. We may request personally identifiable information from you via surveys or voting polls. If you respond to a survey or poll, we may aggregate your responses with those of other jmshockey.com members but we do not associate your response with any personally identifiable information.

Materials provided to jmshockey.com or posted on any JMS web page
JMS does not claim ownership of the materials you provide to jmshockey.com (including feedback and suggestions) or post, upload, input or submit to any JMS Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting JMS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. JMS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in JMS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
We may provide you with various ways to submit information to be posted on our website including participating in our forums. In each of these circumstances, jmshockey.com will gather information from you. Anything you submit to jmshockey.com through these services may be made public, so you should not include information you want kept private. You should be aware that information submitted to forums or experts can be read, recorded and used by any third party or by jmshockey.com.

Third Party Accounts
You will be able to connect your JMS account to third party accounts. By connecting your JMS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Links to third party sites/third party services
jmshockey.com may contain links to other websites (“linked sites”). The linked sites are not under the control of JMS and JMS is not responsible for the contents of any linked sites, including without limitation any link contained in a linked site, or any changes or updates to a Linked Site. JMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JMS of the site or any association with its operators.
Certain services made available via jmshockey.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the jmshockey.com domain, you hereby acknowledge and consent that JMS may share such information and data with any third party with whom JMS has a contractual relationship to provide the requested product, service or functionality on behalf of jmshockey.com users and customers.


International Users
The Service is controlled, operated and administered by JMS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JMS Content accessed through jmshockey.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless JMS, its administrators, captains, members and affiliates, for any demands, losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. JMS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JMS in asserting any available defenses.
Violation of Terms of Use; Indemnity
If you do not comply with these Terms of Use, JMS (in its sole discretion and without limitation of its other rights or remedies) may terminate your access to the website and/or block your future access to the website.


Trademarks
“JMS” and “JMS Hockey” are registered trademarks, trademarks or service marks owned exclusively and licensed by JMS Hockey. All other marks referenced herein may be the property of JMS Hockey LLC or other respective owners.

No Warranty
You understand and agree that JMS Hockey provides the program services on an “as is” and “as available” basis. Program structure and information on the site is subject to change without notice. JMS Hockey cannot ensure that any files or other data you download from the website will be free of viruses or contamination or destructive features.
JMS disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. JMS disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the website and any website services.
You assume total responsibility for your use of the program, and website and any linked sites. Your sole remedy against JMS for dissatisfaction with the website or any content is to stop using the site or any such content. This limitation of relief is part of the bargain between the parties. Some jurisdictions do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.

Liability disclaimer
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. JMS Hockey LLC and/or its suppliers may make improvements and/or changes in the site at any time.
JMS Hockey LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. JMS Hockey LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall JMS Hockey LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if JMS Hockey LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Liability Limitation
Except where prohibited by law, in no event shall JMS be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JMS had been advised of the possibility of such damages).
JMS’s liability, and the liability of its suppliers, to you or any third parties in any circumstance, is limited to ___________. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Termination/access restriction
JMS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and JMS as a result of this agreement or use of the Site. JMS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by JMS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JMS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JMS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms
JMS reserves the right, in its sole discretion, to change the Terms under which jmshockey.com is offered. The most current version of the Terms will supersede all previous versions. JMS encourages you to periodically review the Terms to stay informed of our updates.
All amendments are effective upon posting.

Contact Us
JMS welcomes your correspondence regarding the Terms:
Email Address:
support@jmshockey.com
Telephone number: 612-567-8008

JMS Hockey LLC
4720 Manchester Road
Mound, Minnesota 55364