Please read these terms carefully. By using the Evolutionnj.com web site (the “Site”), you agree to be bound by these terms. If you do not accept these terms, you may not use our site.

As used in these Terms, “we,” “our,” “us” and “Evolution Hockey” refer to Evolution Hockey Training, Inc. The term “you” refers to the user or viewer of our web site.

Changes to these Terms We may amend these terms at any time without prior notice by posting the amended terms on this site. Use of our site following any such change constitutes your agreement to follow and be bound by the terms as changed. For this reason, you should review these Terms whenever you use our Site. These Terms were last revised on March 23, 2010.

Ownership and Use Materials contained on or obtained through our Site, including, but not limited to, design, layout, appearance, text, graphics, images, data, audio and video (collectively, the “Materials”), are owned or licensed by Evolution Hockey. We retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of the Site is copyrighted as a collective work by Evolution Hockey. Unless otherwise expressly indicated on our Site, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without prior written permission of Evolution Hockey.

You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of our Site. You may not use any metatags or any other similar hidden text utilizing Evolution Hockey’s name or trademark.

We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of our Site at any time, with or without notice.

User Postings As a user of our Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in or to our Site. By submitting any material for posting on our Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material as expressly granted) Evolution Hockey a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, display and otherwise exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of our Site nor do we endorse any opinions expressed by any users. If you rely on material posted by other users, you do so only at your own risk.

Although we may screen or monitor material posted by users, we are not obligated to do so. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to do so. If you become aware of any material that violates these Terms, you may email such information to us. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to this Site for any or no reason, including violation of these Terms or applicable law. However, we have no obligation to expel any user or to prevent further access to this Site.

Each user of our Site is solely responsible for the information, data, text, messages, graphics, photographs, video, audio, forms, PDF documents, or other materials he or she posts on our Site. This means that you, and not Evolution Hockey, are entirely responsible for all content that you upload, post, transmit or otherwise make available to others using this Site. Under no circumstances will Evolution Hockey be liable in any way for any content posted on or made available through this Site by you or any third party.

Use Policies You may not do any of the following while using our Site:

• interfere with or disrupt networks connected to our Site or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to our Site, computer systems or networks connected to this Site, through password mining or any other means;
• interfere with another user’s use and enjoyment of this Site;
• upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
• upload Content that contains a virus, corrupted file, or other harmful component;
• impersonate any person or entity, including, but not limited to, Evolution Hockey personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity;
• upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including, but not limited to, nondisclosure agreements);
• upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or othe rlegal authority;
• upload any unsolicited advertising promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
• intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of this Site; or
• upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.

If you violate any of this Section, your permission to use the Materials and this Site automatically terminates.

Registration On Our Site If you wish to register on our Site, you agree to provide accurate, current, and complete personal data and information about yourself (such as name, age, address, etc.) as required by our registration forms(s) and further agree that you will update such data to keep it accurate, current, and complete. Evolution Hockey reserves the right to suspend or terminate your use of our Site if we discover, or have a reasonable basis to believe that any of the data you have provided is inaccurate, incomplete or untrue.

Links to Third-Party Sites This Site contains links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by us of the content of such third-party web sites. We are not responsible for the content or practices of linked third-party sites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or practices of such sites.

Submissions We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to us will be our exclusive property. Submission of any such Comments constitutes as assignment to Evolution Hockey of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. Evolution Hockey will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to Evolution Hockey, including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Disclaimer Of Warranties This Site and the Materials are provided on an as-is, as-available basis without any warranty of any kind, either express or implied. To the fullest extent permitted by law, Evolution Hockey, it’s affiliates and it’s third party licensors and vendors disclaim all warranties, express or implied, including, but not limited to, any implied warranty of merchantability, non-infringement, fitness for a particular purpose or accuracy of any informational content. Certain states do not allow disclaimers of certain warranties or limitations on how long an implied warranty lasts, so one or all o the foregoing limitations may not apply to you.

You understand and expressly agree that use of our Site and the Materials is at your sole risk and that this Site and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of this Site or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Limitation of Liability In no event shall Evolution Hockey, its affiliates or its third party licensors or vendors be liable for any damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages, or any damages for computer failure or malfunction, business interruption, loss of profits, use, data, goodwill or other intangibles) arising from or in any way relating to these Terms, this Site, the Materials (including, but not limited to, the use or inability to use any part of our Site or Materials), or any information, goods or services contained on or obtained through our Site, even if Evolution Hockey has been informed of the possibility of such damages and regardless of the form of action (including, but not limited to, contract, negligence, tort or warranty). Certain states do not allow the limitation of certain damages, so some or all of this limitation of liability may not apply to you and you may have additional rights.

Indemnification You agree to defend, indemnify and hold harmless Evolution Hockey and its affiliates and their officers, contractors, and employees, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to attorneys’ fees) arising from or relating to your use of our Site or the Materials, material that you post to the Site or otherwise provide to Evolution Hockey, or your breach or violation of these Terms. Evolution Hockey reserves the right to defend any such claim, and you agree to provide Evolution Hockey with such reasonable cooperation as it may request.

Privacy Policy Be sure to check our Privacy Policy to understand our practices. The Privacy Policy is subject to these Terms and is incorporated by reference herein. By agreeing to these Terms, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Children Under the Age of 13. We recommend that parents and guardians instruct their children on the safe use of this Site and supervise their children as necessary. Children under the age of 13 may not register on our Site, or post content on our Site without the permission of their parent or guardian. In addition, please see the section of our Privacy Policy applicable to children under the age of 13. As a child’s legal guardian, you are responsible for determining whether the Materials on our Site are, or are not, appropriate for your child. You may modify your child’s information or cancel your child’s registration on our Site at any time by emailing us at info( at )evolutionnj.com

Dispute Resolution These Terms will be governed by the internal laws of the State of New Jersey. You agree to any and all disputes, claims and causes of action arising from or relating to this Site or these Terms may be brought only in a court of competent jurisdiction in Bergen County, New Jersey, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to this Site or these Terms shall be resolved individually, without resort to any form of class action.

Miscellaneous Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions. If any term or provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any term or provision of these Terms will be effective only if it is in writing and signed by Evolution Hockey. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancel and supersede all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. Except as provided above in the Section labeled “Changes to these Terms,” no modification of any provision of these Terms shall be valid or binding unless made in writing and signed by an authorized representative of Evolution Hockey.