NSM Sport / Terms of use

These terms and conditions of use ("Terms of use") apply to the NSM Sport website located at www.nsmsport.com or nsmsport.com.

This website is the property of NSM Stores Inc. ("NSM Stores") and its licensors.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

Introduction

• NSM Sport is the collective name for pages located at this website, and is owned by the makers of these pages. All use of NSM Sport information, services or products implies acceptance of the terms and conditions below.
• NSM Sport reserves the right to modify these "Terms of use" at any time. The modifications take effect from the moment of posting them on the website, or the moment of notification by e-mail, whichever has happened first.
• You agree to check these "Terms of use" periodically so you are always aware of any modifications. As long as you continue to use this website, you will be expressing acceptance of the modified "Terms of use" and also accepting that our notification of changes is also reasonable. You acknowledge and agree that NSM Sport may deny you access to or use of all or part of this website without prior notice if you engage in any conduct or activities that NSM Sport in its sole discretion believes violates any of these "Terms of use", or violates the rights of NSM Sport, or is otherwise inappropriate for continued access and use of this website.

Restrictions on use

• NSM Sport offers this website and its content and services as is, with no warranties as to performance, results, or operation without interruption. NSM Sport does not accept any responsibility for failure of services from outside being used on this website, nor does it accept responsibility for any downtime of our servers or servers of any other of our suppliers. NSM Sport reserves the right to alter or delete the products, services and information available from this website at any time.
• Links to third-party sites are provided to you only as a convenience, and do not imply endorsement by NSM Sport or any affiliation with or endorsement by the owner of the linked site. NSM Sport is not responsible for the content of any linked site or any consequences of making the link.
• In exchange for use of this website, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless NSM Sport and content suppliers, and their successors against any claims by third parties alleging facts in breach of these representations.
• All content included on this website, including text, graphics, logos, buttons, icons and images, is the property of NSM Sport, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by Canadian and international copyright and trademark laws. You may not view, copy, print, or distribute documents, pages, images, e-books, books, content or photos on this website without the express written consent of NSM Sport or the applicable copyright owners.
• Names, logos, and other trademarks of NSM Sport may not be used apart from the documents or pages on which they appear and may not be used in any manner that implies affiliation with or endorsement by or disparages NSM Sport or other trademark owners. NSM Sport reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written or electronic notice from NSM Sport.

Disclaimer

• The information, services, products and materials contained in this website are provided on an "as is" and "as-available" basis with no warranty. To the maximum extent permitted by applicable law, NSM Sport disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, freedom from computer virus or other harmful components and implied warranties arising from course of dealing or course of performance. In addition, NSM Sport does not warrant that the information accessible via this website is current, complete uninterrupted or error-free.

Limitation of liability

• In no event will NSM Sport be liable for any loss of profit, loss of business, consequential, indirect, incidental, special or punitive damages, or for the cost of procurement of substitute goods and services, arising from your use or inability to use this website, or resulting from any goods or services purchased by you, even if NSM Sport has been advised of the possibility of such damages, whether in an action under contract, negligence or any other theory. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

• You agree to indemnify, defend and hold harmless NSM Sport and its associates, consultants, agents and suppliers from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable legal fees) arising from your use of this website, the violation of these "Terms of use" by you, or the infringement by you, or other user of NSM Sport website through the use of your computer, or your infringement of any intellectual property or other right of any person or entity.
• NSM Sport reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Governing law and jurisdiction

• These "Terms of use" shall be governed by and construed in accordance with the laws of Ontario, Canada. You agree that any legal action or proceeding between you and NSM Sport relating to these "Terms of use" shall be brought exclusively before the Canadian judicial system.

Copyright and trademark notices

• The trademarks, logos and copyrights displayed on this website are the property of NSM Sport or other third parties.
• You are not permitted to use the trademarks, logos or copyrights without the prior written consent of NSM Sport or such third party that may own it.
• The name "NSM Sport" may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits NSM Sport.

Miscellaneous

• These "Terms of use" constitute the entire agreement between you and NSM Sport with respect to this website and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this website.
• NSM Sport's failure to insist upon or enforce strict performance of any provision of these "Terms of use" shall not be construed as a waiver of any provision or right of NSM Sport. These "Terms of use" shall inure to the benefit of NSM Sport's successors and assigns.

Feedback

• NSM Sport appreciates hearing from its users and welcomes any comments regarding NSM Sport products and services.
• Any feedback you provide at this website shall be deemed to be non-confidential. NSM Sport shall be free to use such information on an unrestricted basis.