Terms and Conditions
PRO ATHLETE TERMS AND CONDITIONS OF USE
Last update: September 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY PRO ATHLETE PLATFORM.
You are reading these Terms because you are using a PRO ATHLETE website, mobile app, social media platform, all of which are part of PRO ATHLETE’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, or other technology (a “Device”). Your carrier's normal rates and fees can apply to your Device.
Our Terms may change and be updated by PRO ATHLETE at its discretion and without previous notice. If a significant change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don’t agree to any of them, please stop using the Platform. If you continue to use our Platform after we notify you of any change, you will be deemed to have accepted the updated Terms.
You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete, or your admissibility to participate in any game, competition or other event. Please check with your amateur athletic association for the rules that apply to you. PRO ATHLETE is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete or your inadmissibility to participate in any game, competition or other event.
1. GROUND RULES
You are only eligible to use the Platform if you are of legal age or if you have consent from your parent or guardian.
All information that you provide or could provide to PRO ATHLETE from time to time, when creating an account, when the app is updated or in any other situation, must be exact at the time it is provided and you shall update any information provided upon the occurrence of any change.
Subscription to the app must be done personally and you are not authorized to subscribe another individual to the Platform unless such subscription is made for and on the behalf of an athlete or coach within your organization or otherwise under your responsibility whom expressly authorized and empowered you to perform such subscription for and on his/her behalf so that the Terms shall be binding upon, and with the same effect as if personally done by, him/her. When subscribing another individual to the Platform, you represent and warrant to PRO ATHLETE that the foregoing conditions are fully satisfied and respected, and shall indemnify and hold harmless PRO ATHLETE from any loss, responsibility, claim, damage, cost, expense, fine or penalty (including any legal costs, attorney and other professional fees and disbursements) resulting, directly or indirectly, from any breach of any of the foregoing. No subscription can be transferred.
You are entirely responsible to preserve the confidentiality and security of your username, password and other login credentials. You shall not allow any use of your account by any third party and shall inform PRO ATHLETE immediately of any unauthorized use of your account. You are responsible of all activity on or via your account, whether you have authorized it or not.
TO THE FULLEST EXTENT PERMITTED BY LAW, PRO ATHLETE SHALL NOT BE RESPONSIBLE FOR ANY LOSS, CLAIM, DAMAGE, COST, EXPENSE, FINE OR PENALTY RESULTING FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
2. OWNERSHIP OF CONTENT
For the purpose hereof, “Intellectual Property Right” means any right acknowledged or granted, now or in the future, including any extension of such a right, in accordance with any law of any country concerning copyrights, patents, trade-marks, trade secrets, secret processes, industrial designs, or any other provision of law or principle of civil or common law relating to intellectual property whether registered or unregistered, and includes any right pertaining to any registration application or the securing of any one of the above mentioned rights; and “Intellectual Property”: means all that is or can be protected under any Intellectual Property Right.
Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content"), as well as any and all Intellectual Property Rights of any kind to the Platform of the Content, is owned by or licensed to PRO ATHLETE.
PRO ATHLETE reserves all rights not expressly described herein.
Without limiting the generality of the foregoing, all trademarks, service marks and trade names (including PRO ATHLETE’s name and logo) are owned or licensed by PRO ATHLETE. Unless otherwise specifically provided herein, you do not acquire a license or any ownership rights to any trademarks, service marks, trade names or other Intellectual Property Right of PRO ATHLETE through your access or use of the Platform or Content.
You are under no circumstance and in no way authorized to change or delete any ownership notices from materials downloaded or printed from the Platform.
To the extent PRO ATHLETE approves the download or use of Content comprised of copyrights or copyrightable works, subject to the occurrence of a default or a breach of these Terms, PRO ATHLETE grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works strictly for their intended purpose and solely for as long as PRO ATHLETE makes such Content generally available to the public.
You do not and will not acquire any ownership rights nor any Intellectual Property Rights in the Content (including any trademarks and other Intellectual Property included in the Content), all such Content being intended for personal, non-commercial use. PRO ATHLETE reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. PRO ATHLETE reserves the right to take down any Content in violation of these Terms or PRO ATHLETE’s Intellectual Property Rights. PRO ATHLETE allowing you this limited use does not constitute a waiver of any of PRO ATHLETE’s rights to the Content.
Outside of the specific usage rights granted to you by PRO ATHLETE in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without PRO ATHLETE’s prior written consent. Unauthorized use of the Content constitutes a breach of PRO ATHLETE’s Intellectual Property Rights and may subject you to criminal or civil charges and penalties.
3. POSTING CONTENT ON THE PLATFORM
Some parts of the Platform may allow you to post images, photos, videos, texts, comments, audios, data, information, material and other content (collectively referred to as “User Content”. PRO ATHLETE is not responsible for User Content posted to the Platform and has no obligation to verify the veracity, exactitude or property of User Content that a User may, from time to time, post or otherwise provide to be shared on the Platform.
It is strictly prohibited to post or share User Content that are stolen, forged, false, illegal, misleading, defamatory, injurious, obscene, pornographic, vulgar, indecent, licentious, suggestive, intimidating, violent, heinous, threatening, disrespectful, abusive, incendiary, fraudulent, reprehensible, unlawful or that violates any third party’s right (including any Intellectual Property Right).
By posting or otherwise providing User content to be shared on the Platform, you represent and warrant to PRO ATHLETE that you hold good and valid property rights (including Intellectual Property Rights) on such User Content and you agree and undertake to indemnify and hold PRO ATHLETE harmless from any loss, responsibility, claim, damage, cost, expense, fine and penalty (including legal costs, attorney and other professional fees and disbursements) resulting from or arising out of the User Content or its diffusion.
PRO ATHLETE may refuse and/or remove any User Content at all times and at its entire discretion. Notwithstanding the foregoing, User Content which refused or removed may remain in PRO ATHLETE’s systems and/or on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it.
User Content is owned by you or whoever created it. However, by posting User Content you grant to PRO ATHLETE a nonexclusive, perpetual, transferable, sub licensable, free and worldwide license on the User Content you posted on or via the Platform, including any image of any person appearing in the User Content, and any concept or idea in the User Content, for any purpose, including commercial or other use, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights.
Any comment, feedback, or ideas you send us are provided on a non-confidential basis and you grant to PRO ATHLETE a perpetual, worldwide license to use all comments, feedback and ideas you may share with us, without notice, compensation or acknowledgement to you, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
4. USER CODE OF CONDUCT
Except with the prior written authorization of PRO ATHLETE, which may be denied at PRO ATHLETE’s entire discretion, it is strictly prohibited to:
- (i) Post User Content on the Platform without having all the authorizations and rights necessary, including from the people appearing or mentioned in the User Content;
- (ii) Pose any act susceptible of causing harm to PRO ATHLETE or its users, including without limiting the generality of the foregoing, any act susceptible of perturbing, damaging, altering, overloading or limiting the performance of the Platform.
- (iii) post User Content that contains software viruses, programs or other computer code
- (iv) circumvent or modify any Platform software or security technology
- (v) gather data from the Platform, including through/by data mining, robot, scraping or other data gathering methods;
- (vi) Copy, change, disassemble, reverse engineer, decompile, derive the source code, modify or otherwise extract, by any means, the code source of any component of the Platform, of your account or of any software provided in connection with the foregoing or create derivative works of any of the foregoing;
- (vii) post personal information to the Platform, either yours of anybody else’s, knowing that the Platform is public.
- (viii) post on the Platform for advertisement, solicitation or commercial purposes.
- (ix) Accept any payment from any third party in exchange for performing activities on the Platform;
- (x) Use the Platform from a Device you do not own or control, no distribute or make available the Platform on a network or through any other mean allowing the use of your account on multiple Devices at the same time;
- (xi) Solicit or gather any personal information of any user of the Platform, or send any unsolicited message to another user.
- (xii) Use any automated technology to interact with the Platform
- (xiii) post User Content containing a link to a website
- (xiv) Commit any illegal, misleading, malicious, harassing, inaccurate, discriminatory, or otherwise objectionable or inappropriate act, or any act which violates any applicable laws.
PRO ATHLETE reserves the right to pre-screen, monitor and/or remove any User Content, at its sole and entire discretion, but has no obligation to do so.
Please consult your legal advisor before filing a notice with us because any false claims therein may subject you to penalties and/or lawsuits. PRO ATHLETE may terminate the accounts of Platform users found to infringe third party Intellectual Property Rights.
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following
- (i) name, address, telephone number, email address and an electronic or physical signature of the Intellectual Property Right owner or of the person authorized to act on his/her behalf;
- (ii) a description of the Intellectual Property Right that you claim has been infringed;
- (iii) a description of where on the Platform the content that you claim is infringing is located;
- (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the Intellectual Property Right owner, its agent, or the law; and
- (v) a statement by you, made under oath, that the above information in your notice is accurate and that you are the Intellectual Property Right owner or authorized to act on the Intellectual Property Right owner's behalf.
Send Intellectual Property Rights infringement complaints to:
3256 rue Alfred-Nobel, Québec, QC, Canada, G1W 1N4
6. LINKS TO OTHER PLATFORMS
7. IMPORTANT DISCLAIMERS
The Platform may include Content that promotes physical activity, nutrition or general wellness. This Content (i) is offered for general information and education purposes, (ii) shall in no way be interpreted as constituting advices or replacing the recommendations of health professionals (including a physician, pharmacist, physiotherapist or any other health professional) and (iii) shall not be used for diagnosis or treatment purposes.
Always consider the risks involved and consult with your health professional before engaging in any physical activity.
Never disregard professional medical advice or delay in seeking it because of something you have viewed on the Platform.
TO FULLEST EXTENT PERMITTED BY LAW, PRO ATHLETE IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR INJURIES YOU MAY SUSTAIN AS A RESULT, DIRECT OR INDIRECT, OF YOUR USE OF, OR INABILITY TO USE, THE PLATFORM.
PRO ATHLETE is not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions.
It is your responsibility to take the necessary precautions when interacting with other users of the Platform, including any meeting in person. PRO ATHLETE is under no obligation to become involved with any user dispute, but may do so at its own discretion.
The Platform and the Content, and the materials and products on this Platform are provided “AS IS”. Unless otherwise expressly stipulated herein, PRO ATHLETE makes no other representation no offer no other warranty of any kind, either express or implied, including but not limited to, the quality, accuracy, adequacy, usefulness, reliability, merchantability or fitness for a particular purpose of the Platform, the Content or the materials and products on this Platform.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PRO ATHLETE IS NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT POSTED ON THE PLATFORM.
PRO ATHLETE does not guarantee that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that the Platform is free of viruses or anything else harmful.
TO THE FULLEST EXTENT PERMITTED BY LAW, PRO ATHLETE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, CONTENT, USER CONTENT AND ANY PRODUCTS OR SERVICES YOU MAY OBTAIN OR ACCESS THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You are solely responsible for any damage to your Device resulting from accessing the Platform.
PRO ATHLETE may terminate or modify any PRO ATHLETE Platform, Content, product or service at any time without notice.
PRO ATHLETE may terminate or suspend your account, delete your profile or any of your User Content, and restrict your use of all or any part of the Platform at any time and for any reason, without any liability to PRO ATHLETE, subject to applicable law.
You understand and agree that some of your User Content, particularly that which is displayed in an activity feed or in other public places on the Platform, may continue to appear publicly even after your account is terminated
These Terms remain in effect even after your account is terminated or you have stopped using the Platform.
9. INDEMNIFICATION / LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRO ATHLETE PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A PRO ATHLETE EVENT, OR ANY USER CONTENT OR ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF PRO ATHLETE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST PRO ATHLETE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF PRO ATHLETE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, PRO ATHLETE 'S LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID TO PRO ATHLETE TO USE THE PLATEFORM IN THE TWELVE (12) PRECEEDING MONTHS.
10. DISPUTES, ADDITIONAL TERMS, APPLICABLE LAW AND JURISDICTION
This Platform is a passive platform, solely based in Quebec, Canada, which does not give rise to personal jurisdiction over PRO ATHLETE in jurisdictions other than the Province of Quebec (Canada).
You hereby waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the Judicial District of Quebec City, in the Province of Quebec (Canada).
All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
11. ELECTRONIC COMMUNICATIONS
By using the Platform, you agree to receive certain electronic communications from PRO ATHLETE.
You agree that any notice, agreement, disclosure or other communication that PRO ATHLETE sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
12. RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
PRO ATHLETE may assign its rights and duties under these Terms to any party at any time without notice
Any failure or delay by PRO ATHLETE to exercise a right, remedy or privilege hereunder shall not constitute a waiver of such right, remedy or privilege. Likewise, the fact that PRO ATHLETE failed to exercise a right, remedy or privilege shall not prevent PRO ATHLETE from exercising all or part of such right, remedy or privilege in the future. PRO ATHLETE’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or PRO ATHLETE’s rights. Users should always assume these Terms apply.
If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions of the Agreement.
PRO ATHLETE INC. (‘’PRO ATHLETE’’)
Last update: September 2019
By using our Sites and/or Apps, and by sharing your personal data on the Sites and Apps, you consent to your personal data being used, treated and transferred as described herein.
WHAT PERSONAL DATA DO WE COLLECT AND WHEN?
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, participate in our events, or interact with our Sites or use our Apps. This personal data may include your:
- Contact details including name, email, telephone number and shipping, billing address;
- Login and account information, including screen name, password and unique user ID;
- Personal details including gender, hometown, date of birth and purchase history;
- Payment or credit card information;
- Images, photos and videos;
- Personal preferences including your wish list as well as marketing and cookie preference;
- Photos, contacts and calendar information;
- Social network information, including credentials and any information from your public posts about Nike or your communications with us.
When interacting with our Sites and Apps, data may automatically be collected and shared with PRO ATHLETE by the technology platforms providing the experience. For example, your web browser or mobile device may share certain data with PRO ATHLETE as those devices interact with PRO ATHLETE’s Sites or Apps. More information about these practices is included in the Cookies and Pixel Tags section below. This data may include: Device IDs, call state, network access, storage information and battery information, Cookies, IP addresses, referrer headers, data identifying your web browser and version, and web beacons and tags.
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of information. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
WHY AND HOW WE USE YOUR PERSONAL DATA
We use the personal data we collect from you in the following ways:
- To Provide the Features of the Sites and Apps
When you use our Sites and Apps, we will use your data to provide the product or service you have selected. For example, if you make a purchase on proathlete.ca, or participate in an event or promotion, we will use the contact information you give us to communicate with you about the purchase, event or promotion. If you reach out to our consumer services, we will use information about you, such as delivery or payment information, or the product you have purchased to help you resolve a problem or question.
In many cases, to use particular features within our Sites, Apps, and services you may need to provide PRO ATHLETE with additional data or additional consent to use particular data in a certain way.
- To Provide information for promotional purposes
We can use the e-mail provided to send you marketing information about PRO ATHLETE’s products, services, events and promotions. To refuse receiving this marketing information from PRO ATHLETE, simply send us an e-mail concerning this subject at firstname.lastname@example.org.
- To Operate, Improve and Maintain our Business, Products and Services
We may use the data you provide to maintain and improve our activities. For example, when you make a purchase, we may use that information for accounting, auditing and other internal functions. As another example, we may use data about how you use our products and services to enhance your user experience and to help us diagnose technical and service problems and administer our Sites and Apps.
- To Protect Our or Others' Rights, Property or Safety
- For General Research and Analysis Purposes
We use data about how our visitors use our Sites, Apps and Services to understand customer behavior or preferences. For example, we may use information about how visitors to search for and find products to better understand the best ways to organize and present product offerings.
- Other Purposes
We may also use your personal data in other ways and will provide specific notice at the time of collection and obtain your consent where necessary.
SHARING OF YOUR PERSONAL DATA BY PRO ATHLETE
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
SHARING BY YOU
When you use certain features on our Sites or Apps, you can create a public profile that may include information such as your screen name, profile picture and hometown. You can also share content with other Users or the public, including information about your PRO ATHLETE activity.
PROTECTION AND MANAGEMENT OF YOUR PERSONAL DATA
We use a variety of technical and organizational security measures to maintain the safety of your personal data. Your personal data is contained behind secured networks. The personal data we collect or generate (process) in the context of our Sites and Apps are stored in Canada. Some of the data recipients with whom PRO ATHLETE shares your personal data may be located in countries other than the country in which your personal data originally was collected. The laws in those countries may not provide the same level of data protection compared to the country in which you initially provided your data.
You have the right to request: (i) access to your personal data; (ii) correction of your personal data if it is incomplete or inaccurate; or (iii) deletion of your personal data. Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. You also have the right to object to the processing of your personal data, including opting-out from the use for direct marketing purposes.
COOKIES AND PIXEL TAGS
PRO ATHLETE receives and records information, which may include personal data, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (i) IP-address; (ii) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (iii) unique device identifier and device type; (iv) domain, browser type and language, (v) operating system and system settings; (vi) country and time zone; (vii) previously visited websites; (viii) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (ix) access times and referring URLs.
Third parties may also collect information via Sites through cookies, third party plug-ins and widgets. These third parties collect data directly from your web browser and the processing of this data is subject to their own privacy policies.
For a comprehensive and up-to-date summary of every third-party accessing your web browser (through PRO ATHLETE Sites or otherwise), we recommend installing a web browser plugin built for this purpose.
USING PRO ATHLETE SITES AND APPS WITH THIRD-PARTY PRODUCTS AND SERVICES
Our Sites and Apps allow you to interact with a wide variety of other digital products and services. For example, our Sites and Apps can integrate with third-party devices for activity tracking, social networks, music streaming services and other digital services.
If you choose to connect your PRO ATHLETE account with a third-party device or account, your privacy rights on third-party platforms will be governed by their respective policies. For example, if you choose to share your PRO ATHLETE activity on third-party social media platforms, the policies of those platforms govern the data that resides there.
Our Sites and Apps may provide links to other (third-party) websites and apps for your convenience or information. Linked sites and apps have their own privacy notices or policies, which we strongly encourage you to review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
Applicable law and our practices change over time. If we decide to update our Policy, we will post the changes on our Sites and Apps. If we materially change the way in which we process personal data, we will provide you with notice prior to implementing such changes. We strongly recommend you read our Policy, keep yourself informed of our practices and check regularly if any changes were made to this Policy. You may tell if this Policy has changed by looking at the date of the last update hereabove.
Users continued use of the Sites or the Apps shall constitute acceptance of any amendment or update to this Policy. Should any User disagree with the amendments or update made to the Policy, it shall immediately stop accessing or using the Sites and the Apps and shall delete its account.
QUESTIONS AND FEEDBACK