Last Updated on September 22, 2023
This software application and the associated www.puckrecruiter.com website (collectively, the “Digital Media”) are owned and operated by or on behalf of Draft House Labs Inc. and/or its affiliates (collectively, “DHL”). These Terms and Conditions of Service (the “Terms and Conditions”) contain the terms, covenants, conditions and provisions upon which you may access and use the Digital Media and any other services and related information provided to you by DHL (collectively, the “Services”), either through the Digital Media or through other means and media, including but not limited to software, applications and data (collectively, the “DHL Materials”). As used herein “you” shall be deemed to refer to you as the individual accessing the Services.
These Terms and Conditions were last updated on May 6, 2021.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. Additionally, you confirm your understanding that these Terms and Conditions shall apply to any DHL mobile application or DHL content on third-party social media services (e.g., a DHL Facebook® page) that reference these Terms and Conditions. In such instances, the term “Service” shall include the applicable mobile application or DHL content whenever that term is used herein.
DHL RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS UPON NOTICE, WHICH MAY BE GIVEN BY DHL POSTING SUCH CHANGE (OR REVISED TERMS AND CONDITIONS) ON THE SERVICE, BY E-MAIL, OR ANY OTHER REASONABLE WAY. IF A CHANGE IS NOTIFIED BY A POSTING ON THE SERVICE, IT SHALL BE DEEMED TO TAKE EFFECT WHEN POSTED; IF A CHANGE IS NOTIFIED BY E-MAIL, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE E-MAIL IS SENT; AND IF A MODIFICATION IS NOTIFIED IN ANY OTHER WAY, IT SHALL BE DEEMED TO TAKE EFFECT WHEN THE RELEVANT NOTICE IS SENT OR ISSUED BY OR ON BEHALF OF DHL. YOUR CONTINUED USE OF THIS DIGITAL MEDIA AND ACCESS AND USE OF THE SERVICES OR ANY DHL MATERIALS FOLLOWING NOTICE OF SUCH MODIFICATIONS WILL BE CONCLUSIVELY DEEMED ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS. YOU AGREE THAT NOTICE OF CHANGES TO THESE TERMS AND CONDITIONS ON THE SERVICE, DELIVERED BY EMAIL, OR PROVIDED IN ANY OTHER REASONABLE WAY CONSTITUTES REASONABLE AND SUFFICIENT NOTICE.
YOU MAY ONLY USE THE DIGITAL MEDIA, THE SERVICES AND THE DHL MATERIALS PURSUANT TO THESE TERMS AND CONDITIONS IF YOU ARE OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE AND OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE OR DO NOT OTHERWISE HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THE TERMS AND CONDITIONS, YOU MUST HAVE A PARENT, LEGAL GUARDIAN OR OTHER DULY AUTHORIZED LEGAL REPRESENTATIVE ACCEPT THESE TERMS AND CONDITIONS ON YOUR BEHALF BEFORE ACCESSING OR USING THE DIGITAL MEDIA, THE SERVICES OR THE DHL MATERIALS.
General Terms and Conditions:
1. License Grant. The specific Services to be provided by DHL pursuant to these Terms and Conditions are those that: i) have been agreed to by DHL and you pursuant to an ordering document (whether electronic and provided through the Service, a paper document, a purchase through a third party service such as the Apple App Store, Google Play Store or otherwise) or an order placed by you via telephone (where applicable); or ii) have been agreed to pursuant to a separate agreement between DHL and your employer or other third-party organization that has arranged for you to be provided with Services (an “Order”). DHL hereby grants you a personal, revocable, non-exclusive, non-transferable license to access and use the DHL Materials provided as part of the Services contemplated in the relevant Order. Unless otherwise expressly authorized by DHL in writing, you may only use the DHL Materials for your own personal, non-commercial purposes. You may not make any use of any copies of the DHL Materials kept following the expiration and termination of the license to the DHL Materials other than as set out herein. You agree and acknowledge that any use and/or access to any Services or DHL Materials that exceeds the license restrictions set out herein or as set out in any Order is strictly prohibited. You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, or otherwise use any DHL Materials or other information or material obtained from or through the Digital Media or as part of the Services unless specifically
authorized to do so in writing by DHL. Further, you may not post any DHL Materials or other content from the Digital Media to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior express written consent of DHL, which consent may be withheld by DHL in its sole discretion. You agree that you will not use the Services, any DHL Materials or the Digital Media for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Digital Media, the Services or the DHL Materials; (ii) collecting any information about other users of this Service, including passwords, accounts or other information; (iii) providing any DHL Materials to anyone other than you; or, (iv) posting any notice or advertisement or sending any email, of a commercial nature or otherwise, intended to solicit business from other users of DHL Materials.
If you have been provided with access to any Services, DHL Materials or Digital Media that represents a beta, test or other pre-release version thereof (in each case, a “Beta Release”), you acknowledge and agree that your access to such Services, DHL Materials or Digital Media may be suspended or terminated at any time by DHL in its sole and absolute discretion and, if and when DHL determines to release a finished commercial version of such Services, DHL Materials and Digital Media, you may be required to add, install or add a new account for that finished commercial version in order to obtain access to it.
2. Intellectual Property Rights. The DHL Materials and all other materials made available within the Digital Media or otherwise as part of the Services, unless otherwise indicated, are protected by law including, but not limited to, Canadian copyright, trade secret, and trademark law, as well as other provincial, state, national, and international laws and regulations. The content, content layout and design of all DHL Materials and all other information on the Digital Media are the exclusive property of DHL or its licensors and, except as expressly provided herein, DHL does not grant any express or implied right in any such materials to you. In particular and without limitation, DHL owns the copyright in the Digital Media and the DHL Materials as collective works, and in the selection, coordination, arrangement, and enhancement of the content of the Digital Media and the DHL Materials. You agree that you will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Digital Media, the Services of the DHL Materials any software, documentation or data related to the Services; modify, translate, or create derivative works based on the Digital Media, the Services or any DHL Materials (except to the extent expressly permitted by DHL or authorized within the Services); use the Digital Media, the Services or any DHL Materials for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
The marks “PR Hockey”, “Puck Recruiter” and all other names, logos, and icons identifying DHL and/or DHL products and Services are proprietary marks of DHL or its licensors. Third-party trademarks displayed within the Digital Media or in the DHL Materials are the property of their respective owners. Except for the limited license to use the DHL Materials and the Digital Media as set forth herein, all other rights are expressly
reserved by DHL. Unauthorized use or distribution, transfer or copying of the DHL Materials (alone or merged with other content, software, documentation or services), or failure to comply with any restriction herein will result in automatic termination of your license to access the Digital Media, the Services and the DHL Materials and will make available to DHL other legal remedies.
3. Orders. Orders placed by you or any third party on your behalf are only valid when accepted by DHL or its authorized third party distributors. You (or your organization or other third party as may have been separately agreed) will pay DHL (or its authorized third party distributor) the fees as specified on the relevant Order, which are due in full prior to access being granted to the Digital Media, the DHL Materials and/or any Services (unless payment instalments have been expressly agreed to by you, or a third party on your behalf, and DHL in writing). DHL reserves the right to revise or modify the content of any DHL Materials provided as part of the Services sold pursuant to an Order at any time.
4. Disclaimers. DHL obtains the content of all DHL Materials from sources believed by it to be accurate and reliable. However, because of the possibility of human or mechanical error as well as other factors, all Digital Media content and all DHL Materials are provided on an “AS IS” and “AS AVAILABLE” basis without representation or warranty of any kind, and THE DHL PARTIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO DIGITAL MEDIA CONTENT OR ANY DHL MATERIALS. You acknowledge and agree that in no event shall DHL be responsible or liable for the consequences of reliance on any statements, opinions or content presented within the Digital Media, in the DHL Materials or provided otherwise as part of the Services. You agree that any other disclaimers which appear within the Digital Media, in the DHL Materials or otherwise with respect to the Services are incorporated by reference in to these Terms and Conditions.
DHL makes no representation or warranty that any DHL Materials and/or other content on the Digital Media are appropriate or available for use in any particular locations, and access to them from territories where any such content illegal is prohibited. If you choose to access the Digital Media and/or any DHL Materials from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws, rules and regulations. DHL may limit the availability of the Digital Media and/or DHL Materials, in whole or in part, to any person, geographic area or jurisdiction DHL chooses, at any time and in DHL’s sole discretion. You agree and acknowledge that no oral or written information or advice given by DHL or any of its employees or agents in respect to the Digital Media or any DHL Materials shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement. FURTHER, THE DHL MATERIALS AND OTHER CONTENT MADE AVAILABLE ON THE DIGITAL MEDIA AND OTHERWISE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE DIGITAL MEDIA OR ITS CONTENTS AND/OR PARTICULAR DHL
MATERIALS ARE UNAVAILABLE. MOREOVER, DHL MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SERVICE, TO THE DHL MATERIALS OR TO OTHER CONTENT DESCRIBED OR MADE AVAILABLE ON THE DIGITAL MEDIA AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE DHL MATERIALS AND ANY OTHER CONTENT MADE AVAILABLE ON THE SERVICE. YOU ACKNOWLEDGE THAT SOME OR ALL OF THE SERVICES MAY BE IN A BETA PHASE OF DEVELOPMENT FOR AN INDEFINITE PERIOD OF TIME.
DHL’s total liability to you or any other third party arising out of the provision of Services or use of the Digital Media, regardless of the theory of liability, shall be limited to the greater of: i) the actual fees paid for the Services to which any such claim of liability relates during the 12 months immediately preceding the event giving rise to liability; or ii) One Hundred Canadian Dollars (CAD $100). Except where applicable law mandates otherwise, in no event shall DHL or its licensors and affiliates be liable for any indirect, special, incidental, punitive or consequential damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence, tort or other action, arising out of or in connection with the Digital Media, Services and/or DHL Materials even if DHL is advised of the possibility thereof. You must use all reasonable endeavors to mitigate any loss or damage whatsoever (and howsoever arising) and nothing in these Terms and Conditions shall be deemed to relieve or abrogate you of any such duty to mitigate any loss or damage.
5. Indemnity. You agree to indemnify and hold harmless DHL, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Digital Media, your use of the DHL Materials, your use of the Services and/or any breach by you of these Terms and Conditions.
6. Submissions, Usage Data. DHL and/or our service providers may make available through the Service, the DHL Materials or otherwise during the provision of Services, certain services to which you are able to post or otherwise record comments, information and/or feedback (for example, satisfaction surveys, message boards, blogs, chat features, messaging and/or comment functionalities, but excluding any personal logs). Any ideas, suggestions, information, feedback, know-how, material, and any other content other than Beta Feedback (collectively, “Submissions”) posted and/or received through the Digital Media, the Services or otherwise, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferable and fully sublicensable (through multiple tiers) right and license for DHL to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive: (i) any claim to the contrary; and (ii) any “moral rights” associated with your Submissions. You represent and warrant
that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Digital Media complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION, PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, DHL does not control any of the user-submitted Submissions, they do not reflect the opinion of DHL, and DHL does not guarantee their accuracy or endorse any of the opinions expressed. DHL is not responsible or liable for: (i) any Submissions, including, without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party, including your reliance thereon.
You acknowledge that you will not the Services, the DHL Materials, the Digital Media or any products obtained from or through DHL in a way that would be damaging to DHL’s public reputation or that of its employees, partners, management and related entities. Additionally, you acknowledge that DHL may not pre-screen all submitted Submissions, but that DHL and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Submissions that is submitted via the Services or the Digital Media, particularly Submissions provided when ordering any customized products or Services. You acknowledge that certain features of the current Services, DHL Materials and Digital Media, including but not limited to chat features, are not intended for
unsupervised access and/or use by children under the age of 13 without direct supervision by a parent or legal guardian. In the future, the Services and/or Digital Media may include a restricted chat feature specifically designed for use by children under the age of 13 without direct supervision of a parent or legal guardian.
If you have been provided with access to a Beta Release of any Services, DHL Materials or Digital Media, you may have the opportunity to provide feedback, suggestions and other input (collectively, the “Beta Feedback”) concerning the Beta Release. You acknowledge and agree that your access to such Beta Release is provided in consideration of all Usage Data and Beta Feedback in respect your use of the Beta Release. You acknowledge and agree that as between you and DHL, DHL shall be the sole and exclusive owner of all right, title and interest in and to any such Usage Data and Beta Feedback without any compensation or further obligation being owed to you. You hereby waive any moral right you may otherwise have in respect of such Usage Data and Beta Feedback. You acknowledge and agree that DHL has no obligation no utilize or retain any such Usage Data or Beta Feedback and that DHL may freely assign or otherwise dispose of any or all of such Usage Data and/or Beta Feedback in its sole and absolute discretion.
7. Export Restrictions. No DHL Materials, and no software or any other materials associated with the Digital Media and/or Services, may be downloaded, obtained or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Digital Media or provided in any other manner by DHL, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
8. Dispute Resolution. THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of Service, the
DHL Materials and/or the provision of Services, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the British Columbia International Commercial Arbitration Centre (the “BCICAC”) Canadian Arbitration Shorter Rules for Domestic Arbitrations, which shall administer the arbitration and act as appointing authority (unless another arbitrator is mutually agreed by DHL and you). The place of the arbitration shall be Kelowna, British Columbia. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered in any court of competent jurisdiction. You agree to submit to the jurisdiction of the provincial and federal courts having competent jurisdiction within British Columbia for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, DHL may seek preliminary injunctive relief from any court of law having competent jurisdiction in the event of a breach of these Terms and Conditions and/or any applicable law by you.
9. Term, Termination. These Terms and Conditions will take effect when you first access the Digital Media and/or Services. DHL reserves the right at any time and for any reason to deny you access to the Digital Media, Services, the DHL Materials or any portion thereof. In the event of any such denial, any fees paid by you or on your behalf related to Services not yet provided will be refunded to you unless such denial is by reason of your breach of these Terms and Conditions or other misuse of the Digital Media, Services and/or DHL Materials. Termination will be effective without notice.
10. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by DHL of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
11. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and DHL as a result of these Terms and Conditions or your utilization of the Digital Media and/or the Services.
12. Severability. The provisions of these Terms and Conditions are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms and Conditions, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms and Conditions, shall not be affected.
13. Entire Agreement/Reservation of Rights. As set out above, your rights to use the Digital Media, the DHL Materials, and any other material available on or through the Digital
15. Governing Law. These Terms and Conditions (and the provision of Services and access to the DHL Materials to which they relate) shall be governed by the substantive laws of the Province of British Columbia, Canada, with regard to its conflicts of laws principles. Any action under these Terms and Conditions (where permitted by the Dispute Resolution provision in section 8 of these Terms and Conditions) shall be brought in the provincial courts located in Kelowna, British Columbia, Canada or the federal courts located in Vancouver, British Columbia, Canada, as applicable.
16. Passwords. Your use of certain portions of the Digital Media and access to certain DHL Materials requires a password and/or the creation of a personal profile. As part of the creation of your personal profile, you may be required to select a user name and password and provide DHL with accurate, complete and up-to-date relevant information. Anyone with knowledge of your password can gain access to the restricted portions of the Digital Media, the Services, the relevant DHL Materials and your personal profile. Accordingly, you must keep your password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your password, as well as for any communications entered through the Digital Media using your password. You will also immediately notify DHL if you become aware of any loss or theft of your password or any unauthorized use of your password. DHL reserves the right to delete or change a password at any time and for any reason.
17. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, provincial, state, national, and international laws and regulations. While
DHL and its service providers have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Digital Media over the Internet cannot be guaranteed. Accordingly, DHL and DHL licensors and service providers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained within the Digital Media, or for the consequences of any reliance on such information. DHL and DHL licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Digital Media, the Services and the DHL Materials.
18. Enforcing Security. Actual or attempted unauthorized use of any of the Digital Media, the Services and/or the DHL Materials may result in criminal and/or civil prosecution. For your protection, DHL reserves the right to view, monitor, and record activity within the Digital Media without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity within any of the Digital Media. DHL will also comply with all court orders involving requests for information.
19. Links to Other Websites. DHL and/or its service providers may provide links, in their sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by DHL and are maintained by third parties over which DHL exercises no control. Accordingly, DHL and its directors, officers, employees, agents, representatives, licensors and suppliers (together, the “DHL Parties”) expressly disclaim any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any websites or the products or services provided by any third party.
20. Events Beyond DHL’s Control. You expressly absolve and release DHL and DHL licensors and service providers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labour problems, wars, terrorism, pandemic or governmental restrictions.
21. Language. Notwithstanding any translation of these Terms and Conditions or any Order, the English language shall control the interpretation of these Terms and Conditions and any Order and all other writings between you and DHL. You and DHL confirm that you have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions and the Services be drawn up in English unless otherwise agreed in writing. Les parties aux presents ont exigé que cette entente et tous autres documents envisages par les presents soient rédigés en anglais.