Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

1.       Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on Atmosphere.ca ("Website"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. FGL Sports Ltd. ("FGL"), which operates this Website, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on the Website may not be available. It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Any videocassettes, DVDs and similar products sold are for private, non-commercial, home use (where no admission fee is charged), and non-public performance may not be duplicated.

2.       Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

3.       Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or validity of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

4.       Use of this Website. The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software, content and other technology components of this Website are proprietary to FGL, or its affiliates and suppliers. All rights reserved. FGL also owns a copyright in this Website as a compilation. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

5.       Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of FGL or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of FGL, its affiliates, suppliers, or such other owner.

6.       Linking to this Website. Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

7.       Third Party Links. From time to time, this Website may contain links to Websites that are not owned, operated or controlled by FGL or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other Website. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

8.       Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9.     Customer ratings and reviews / Question and Answers Terms of use. These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by FGL.

By submitting any content to FGL, you guarantee that:

You are the sole author and owner of the intellectual property rights in the content;

• All "moral rights" that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
• You further agree that you may not submit any content:
• That is known by you to be false, inaccurate or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• For which you were compensated or granted any consideration by any unapproved third party;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold FGL (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant FGL a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at FGL's sole discretion. FGL reserves the right to change, condense, withhold publication, remove or delete any content on FGL's Website that FGL deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. FGL Sports Ltd does not guarantee that you will have any recourse through FGL to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, FGL reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not FGL, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of FGL, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

10.   User Generated Content. FGL may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with FGL brand vision and brand principles. FGL has chosen this User Generated Content for the purpose promoting FGL in accordance with these Terms and Conditions. The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to FGL to use the Contributor's User Generated Content.

Consent

When User Generated Content is selected by FGL, the Contributor will be contacted via the social media platform on which the User Generated Content appears. FGL will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply in accordance with the instruction in the message to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by FGL.

BY REPLYING "I CONSENT", THE CONTRIBUTOR IS ENTERING INTO AN AGREEMENT WITH FGL AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS, WITHOUT LIMITATION OR QUALIFICATION. THE CONSENT GIVEN BY CONTRIBUTOR SHALL ONLY BE VALID FOR THE USER GENERATED CONTENT SPECIFIED BY FGL.

License

By providing consent, the Contributor hereby grants to FGL, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of FGL and its products and services.

Notwithstanding the above, FGL will have no obligation to make any use of any of the rights granted by the Contributor. FGL's use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.

The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by FGL.

Representations and Warranties

By granting the license, the Contributor represents and warrants that:

He/she is 18 years of age or older;

• He/she has the full right, power and authority to grant the rights described in these Terms and Conditions;
• The User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content;
• The exercise by FGL of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
• The User Generated Content does not contain any worms, viruses or other code deemed harmful to FGL or FGL's users; and
• The User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Indemnity, Waiver and Release

The Contributor agrees to indemnify, defend and hold FGL, its directors, officers, employees, contractors, partners, affiliates and related companies, and their respective officers, directors, employees, consultants, representatives and agents (the "Third Parties") from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.

The Contributor hereby waives any and all claims to which the Contributor may become entitled for any reason whatsoever and does hereby release, remise and forever discharge FGL and the Third Parties of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which the FGL or the Third Parties hereafter can, may or shall have, by reason of FGL use of the User Generated Content.

The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to FGL under these Terms and Conditions.

11.   User Information. Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

12.   Account Name and Password. You are required to have an account name and password for certain activities on the Website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use the Website. We may at any time require proof of the identity of any person seeking to access and use the Website, and may deny access if we are not are not satisfied with such proof. You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. FGL does not assume any responsibility, or will be liable, for any damages arising from or related to your failure to keep your password secure.

13.   Electronic Communications. When you visit this Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Website. 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.

14.   Contests. All contests are governed by this Agreement, the applicable contest rules as well as applicable legislation. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement, the applicable Contest Rules as well as applicable legislation.

15.   DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FGL NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER FGL OR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LEGISLATION FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LEGISLATION, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FGL HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LEGISLATION. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

16.   LIMITATIONS OF LIABILITY. Neither FGL or any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. IN NO EVENT WILL FGL OR ANY OF IT'S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

You agree to defend, indemnify and forever hold FGL, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the content or the Website, or with the transmission of any message or information by you to FGL.

You are subject to the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy), located at https://www.google.com/intl/en-US_US/help/terms_maps.html, and https://www.google.com/intl/ALL/policies/privacy/index.html, respectively.

17.   Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of this Website following either form of notice will signify your acceptance of the revised terms of this Agreement.

18.   Choice of Law; Jurisdiction. This Agreement, your use of this Website, and all related matters are governed solely by the laws of Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

Any dispute between us and you or any other person arising from, connected with or relating to this Website, this Agreement or any related matters must be resolved before the Courts of Province of Alberta sitting in the City of Calgary, Alberta, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or relating to your use of this Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Calgary, Alberta, Canada within two (2) years after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.

19.   Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

20.   Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at 110 - 205 Quarry Park Blvd SE, Calgary, Alberta, T2C 3E7 or at 1-855-496-ATMO (2866)