SixP.Canada SportsMerchandise (”we”, “our”,
“subsidiaries”, "SixP.ca" or
are solely owned and operated by SixP.Canada SportsMerchandise, a
division of Add Value International
Inc. We provide and maintain an Internet Web site (the
"Site") for the benefit of Users of our services
("you" or “User”).
SixP.Canada SportsMerchandise is an ecommerce website that showcases products
provided by either SixP.ca or SixP.us and our affiliates, partners
and subsidiaries (“they”, “them”)
from around the world. These products are
offered to the general public over the Internet.
The Services and usage of the Site are provided to you
subject to the terms and conditions set forth in this
and our Privacy
Policy, and any other rules, regulations and policies
published on this Site. The terms and conditions detailed
below and any other rules or policies set forth on this
Site comprise the entire agreement between you the user/visitor
and SixP.Canada SportsMerchandise and supersedes all prior agreements between
1. ACKNOWLEDGMENT AND ACCEPTANCE.
PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY
BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE
AND COMPLETING THE REGISTRATION PROCESS (IF ANY), YOU
ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS
YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE
OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS
PLEASE EXIT IMMEDIATELY THEN REFRAIN FROM USING THIS
SITE IN THE FUTURE.
2. USER RESPONSIBILITIES.
You agree to the following responsibilities:
• Compliance with our Anti-Spam policy. Please
see Section 6 below.
• Restrict all your actions to lawful use of the
Services/Site. Please see Section 7 below.
• You are required to create, update and maintain
all content in your account including but not limited
to newsletter email address, membership information,
survey content (if any), email content, address books
and current billing and contact information.
• You are required to maintain Email list and
Address Book information including opt-out contact information
and immediate removal of opt-outs and bounces from email
lists and the address book.
• You are responsible for on-time payment for
all contracted purchases from SixP.Canada SportsMerchandise, its affiliates
partners and subsidiaries and any subscription/membership
• You take full responsibility for all activity
associated with your use of our Site and our Services.
• You must fully comply with all other obligations
You enter and use the Site and our Services
entirely at your own risk.
SixP.Canada SportsMerchandise is not responsible
for your activities, surveys, content, results or questions
from respondents, other data, collected or any other
matter concerning your use of the Site or the Services.
We recommend that you keep accurate records of your
own survey results and other data in your own personal
records as we reserve the right to discontinue your
account(s) or terminate the Services at any time.
3. MODIFICATION TO SERVICES OR PRODUCTS PROVIDED; TERMS
You acknowledge and agree that we may, with or without
notice, modify or terminate the Services or Products and/or the
from time to time, including the fees we charge for
Services or Products (if any). Modifications of the Services
(if any) may
include, without limitation, changes to the maximum
allowable number of free newsletters, free memberships,
memory space, number of entries allowed in the Email
List Manager, number of survey responses, number of
surveys, number of survey respondents and number of
survey questions that may be created, saved, sent or
used through the Site.
We will notify you of changes we make
or, if we so choose, by sending you an email. If you
do not accept the changes, you must terminate your subscription
and/or use of our site at that time. Your use of the
Site or the Services provided after the notice has been
posted (or we have sent you an email notification) shall
be deemed to be acceptance of the modification or termination
4. PAYMENT TERMS & CANCELLATION.
You agree to pay all charges for your contracted purchases
from SixP.Canada SportsMerchandise and our affiliates partners and subsidiaries including
any applicable taxes, at the rates in effect when the
charges are incurred. SixP.Canada SportsMerchandise or our affiliates/partners
may change the fees and charges in effect, or add new
fees or charges, by giving Users advance notice posted
on our subsidiary or affiliate sites. You must provide
valid credit card information, and must promptly update
the Account Information with any changes in credit card
validity or expiration date. Your credit card information
will be kept secure and confidential.
We are committed to protecting the privacy and confidentiality
of the personal information of Users. For more information
Services and the Site, you also agree to accept and
6. ANTI-SPAM POLICY.
SixP.Canada SportsMerchandise websites (www.SixP.ca
and www.SixP.us), is a eCommerce portal website that showcases
licensed fan sports merchandizes products. SixP.Canada SportsMerchandise is committed to being a trusted member of the Internet
community. As such, we have adopted these anti-spam
To help maximize the availability of
our Services to our community of Users, you the individual
user acknowledges, warrants and agrees that:
• You will not engage in any spamming activities
through your use of the Services.
• You understand that SixP.Canada SportsMerchandise is serving as
"source host" and is the seller or the
manufacturer/distributor/retailer of the various SixP.Canada SportsMerchandise
products and services offered on our site, and that
you are therefore solely responsible for your emailing
activities while using the various Services of our affiliates
and partners according to the responsibilities outlined
• You warrant that you either have an ongoing
business or personal relationship with or have obtained
consent to send referral emails from SixP.Canada SportsMerchandise websites (www.SixP.ca
and www.SixP.us) to a
friend on your own email list, inviting participation
in a survey, subscription or other activity on SixP.Canada SportsMerchandise websites (www.SixP.ca
• Your use of the Site and Services must not violate
any Canadian, U.S. or foreign spamming, junk mail or
other related laws or regulations prohibiting or discouraging
the dissemination of unsolicited email.
• If you engage in any unlawful spamming activity,
SixP.Canada SportsMerchandise will report such conduct to the appropriate
authorities and turn over any and all information, including
personally identifiable information and transaction
history to appropriate law enforcement persons or entities
for investigation and prosecution.
• We may request at any time that you provide
proof that your email recipients have agreed to receive
referral emails from you. We may require that you provide
the names of a list vendor and documentation of specific
opt-in processes you or the vendors may have used to
generate a list of referral names.
We will terminate the account of any User determined
to have used the Services of SixP.Canada SportsMerchandise websites (www.SixP.ca
and www.SixP.us) in connection
with any spam email, redirection of mail or who has
that we may also terminate your account if your mailings
result in high bounce rates, a report or complaint of
spam against the you the sender, poor monitoring of
recipient consents including lax address book and email
list management, or lack of compliance with our anti-spam
guidelines. We reserve the right to terminate your account(s)
and your use of the Services, without notice, if we
believe your activities are not in compliance with this
Anti-Spam policy. We thank you for your compliance with
our Anti-Spam policy and your commitment to good emailing
7. OTHER PROHIBITED USES.
You acknowledge, warrant and agree that:
• You will not transmit through the Service or
the Site any pornographic, obscene, offensive, threatening,
harassing, libelous, hate-oriented, harmful, defamatory,
racist, illegal or otherwise objectionable material
• You will not send any transmission that attempts
to hide your identity or represents you as someone else
• Any attempt by you to transmit, publish or distribute
material or content that promotes, provides or relates
to instructional information about illegal activities
or promotes physical harm or injury against any individual
or group is strictly prohibited.
• You will not use the Service or the Site to
send any materials, including surveys and requests to
take surveys, to any persons under 18 years of age unless
and until you have taken all necessary actions and compliance
pursuant to all applicable provincial, state and federal
• You will not knowingly upload or distribute
any files that contain viruses, Trojan horses, adware,
spyware, corrupted files or any similar software or
programs that may damage or interrupt the normal operation
of anyone else's computer, the Service or the Site of
SixP.Canada SportsMerchandise websites (www.SixP.ca
• You will not interfere or disrupt networks connected
to the Service and the Site of SixP.Canada SportsMerchandise websites (www.SixP.ca
• Any attempt by you to gain unauthorized access
to any computer system, including accounts, lockers
or databases maintained by and for the use of SixP.Canada SportsMerchandise websites (www.SixP.ca
is strictly prohibited.
• You will comply with all laws, rules and regulations
regarding transmission of high security technical data
exported from Canada and the United States.
If you engage in any illegal or banned activity set
forth in the paragraphs above or violate any terms or
terminated and use of the Service and Site will be restricted.
We will report any unlawful conduct to the appropriate
authorities and turn over any and all information regarding
such activity to the appropriate law enforcement agencies,
persons or entities.
8. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE
AND THE SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT ALLOWED BY LAW, SixP.Canada SportsMerchandise EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS
OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. SixP.Canada SportsMerchandise ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS
SixP.Canada SportsMerchandise IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
SURVEY OR INVITATIONS TO TAKE SURVEYS OR INVITATIONS
TO VIEW SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE
NOR IS IT RESPONSIBLE FOR THE RESPONSES SUBMITTED TO
ANY SURVEY REQUESTS OR FOR THE RESULTS GENERATED BY
SURVEY RESPONSES. SixP.Canada SportsMerchandise DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RELIABILITY OR ACCURACY
OF THE REGISTRATION INFORMATION SUPPLIED TO SixP.Canada SportsMerchandise
NOR THE RESPONSES OR INFORMATION SUPPLIED BY SURVEY
RESPONDENTS TO USERS IN RESPONSE TO SURVEYS. SixP.Canada SportsMerchandise
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE CONSEQUENCES OF THE USE OF ANY SURVEY,
SURVEY RESPONSES OR SURVEY RESULTS NOR DOES SixP.Canada SportsMerchandise
WARRANT THE CORRECTNESS, USEFULNESS, RELIABILITY, ACCURACY
OR OTHERWISE OF ANY SURVEY, SURVEY RESPONSES OR SURVEY
RESULTS. SixP.Canada SportsMerchandise IS NOT RESPONSIBLE FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS
INTERRUPTION OR OTHER LOSS RESULTING FROM USE OF OR
RELIANCE IN ANY WAY ON ANY SURVEY, SURVEY RESPONSES
OR SURVEY RESULTS CREATED ON OR THROUGH THE SERVICE
OR THE SITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS
OF ANY SURVEYS, SURVEY RESPONSES, SURVEY RESULTS OR
OTHER INFORMATION RECEIVED WHILE USING THE SERVICE OR
SixP.Canada SportsMerchandise MAKES NO WARRANTY THAT THE SERVICE OR SITE
WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE,
ACCURATE OR RELIABLE; NOR DOES SixP.Canada SportsMerchandise MAKE ANY WARRANTY
AS TO ANY INFORMATION THAT MAY BE OBTAINED THROUGH THE
SERVICE OR SITE OR THAT DEFECTS IN THE SOFTWARE FOR
THE SERVICE WILL BE CORRECTED OR THAT THE SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE
SERVICE OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SixP.Canada SportsMerchandise MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SERVICE OR SITE OR
ANY TRANSACTIONS ENTERED INTO THROUGH OR BASED UPON
THE SERVICE OR THE SITE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR
SITE OR THROUGH THE SERVICE OR SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, NEITHER SixP.Canada SportsMerchandise NOR ANY PARENT
ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS OR EMPLOYEES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PURCHASE
OF GOODS AND SERVICES FROM OUR AFFILIATES PARTNERS,
YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE
ON THE SERVICE OR ANY SURVEYS, SURVEY RESPONSES OR SURVEY
RESULTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE
MATERIALS AVAILABLE ON OR THROUGH THE SERVICE OR THE
SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SERVICE AND LEAVE THE SITE IMMEDIATELY.
10a. PROPRIETARY RIGHTS.
SixP.Canada SportsMerchandise owns the content including the graphics, names,
text, software, music, videos, sound, pictures, compilations,
survey templates, surveys, page layout, design, processes,
procedures, magnetic translation, digital conversion
or other material contained in the Service and the Site
to the extent such content is provided and/or designed
by SixP.Canada SportsMerchandise. It is all protected by some combination
of copyrights, trademarks, service marks, patents, or
other proprietary rights and laws. No one may copy,
reproduce, distribute in any way, or decompile, reverse
engineer or disassemble the content. You are permitted
a limited license to use the content of the Service
and the Site as authorized herein to make purchases
of goods and services from our affiliates partners,
subscribe to our newsletter, register as a member, refer
a friend to SixP.Canada SportsMerchandise, participate in surveys (if any)
and view survey responses (if any) and survey results
(if any) for your personal use as an end product only,
and you must at all times maintain SixP.Canada SportsMerchandise's copyright
symbol on the product (if any) or in any form or medium.
Modification or use of SixP.Canada SportsMerchandise's content in any prohibited
way is a violation of copyright and other proprietary
laws. No one may copy, reproduce, transmit, post, export,
distribute or create derivative works from this Site
without prior express written authorization.
10b. NO MISAPPROPRIATION OR MISUSE OF NAMES,
MARKS, OTHER PROPRIETARY MATERIAL.
You agree not to use, misuse or misappropriate any brand
names, trademarks, service marks, patents, images, text
or other proprietary material or content of another
on or through the Service or the Site. If you use any
such proprietary material or content, by doing so, you
warrant that you have the right and authority to do
11. LINKS AND ADVERTISERS.
SixP.Canada SportsMerchandise may provide advertising space and/or links
and pointers to Internet sites maintained by associated
third parties. SixP.Canada SportsMerchandise has not reviewed all of the
third party sites nor reviewed any and all products
or services they may provide. SixP.Canada SportsMerchandise is not responsible
for nor does it endorse the contents or any products
or services of such third parties or their sites. SixP.Canada SportsMerchandise
DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS
OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON
OUR SITE. SixP.Canada SportsMerchandise DOES NOT ENDORSE OR OTHERWISE WARRANT
OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER
ADVERTISED ON OUR SITE OR THAT ARE CONNECTED BY A LINK.
SixP.Canada SportsMerchandise at any time at our sole discretion. SixP.Canada SportsMerchandise
shall not be liable to you the user or to any third
party in any way or manner for our decision to terminate
the Service. In the event you should become dissatisfied
or with the Service delivered on our Site, your only
recourse is to immediately discontinue use of the Service,
terminate your subscription (s), and give notice to
us of these actions. Upon termination, your right to
use the Service and the Site cease immediately and SixP.Canada SportsMerchandise
shall have no obligation whatsoever to forward or make
available to you any surveys, survey responses or survey
You agree to defend, indemnify and hold harmless SixP.Canada SportsMerchandise,
its parent entities, subsidiaries, affiliates, associates,
officers, and employees, from any and all claims and
demands, including attorneys’ fees, due to or
arising from your use of the Service, surveys, survey
responses, survey results and any other conduct related
in any way to the Service or the Site, including but
not limited to breaching any warranty or provision contained
and SixP.Canada SportsMerchandise shall be treated as if you had entered
into and executed a contract in the Province of Ontario,
Canada and shall be governed and construed in accordance
with the laws of the Province of Ontario, Canada, without
regard to conflict of law principles. You agree to submit
to personal and exclusive jurisdiction and venue of
the courts in the cities of Toronto or Mississauga,
Ontario, Canada. SixP.Canada SportsMerchandise makes no representation that
the materials and content on the Site or relating to
the Services are appropriate or available for purchase
or use in other locations, and accessing them from territories
where their contents are illegal is strictly forbidden.
Those who access the Services or the Site from other
locations do so on their own initiative and at their
own risk and are responsible for compliance with local
be made within 1 year of the occurrence of the underlying
15. NATURE OF AGREEMENT.
You agree that your completion of the registration procedure
only agreement between you the user and SixP.Canada SportsMerchandise and
supersede any prior or other understandings, representations
or warranties. You agree that each use of the Services
and the Site reaffirms your acknowledgment and agreement
16. UNSOLICITED SUBMISSION.
SixP.Canada SportsMerchandise welcomes comments regarding the products and/or
services of this site. However, our policy is not to
accept or consider creative ideas, suggestions, or materials
other than those we have specifically requested or solicited.
We hope you will understand that it is the intent of
this policy to avoid misunderstandings when projects
developed by our staff are similar to someone else's
creative work or thoughts. Accordingly, we must ask
that you NOT send us any such ideas. We do value your
feedback about our services and products we choose to
promote, but we request that you be specific in your
comments about those services and products, and we further
request that you NOT submit any creative concepts, ideas,
suggestions or materials. If, in spite of our requests
NOT to do so, you send us creative suggestions, ideas,
notes, drawings, concepts or other information (collectively,
the "Information"), the Information shall
be deemed, and shall remain, the property of SixP.Canada SportsMerchandise.
None of the Information shall be subject to any obligation
of confidentiality on our part and we shall not be liable
or owe any compensation for any use or disclosure of
the Information, other than such liability as arises
out of the copyright or patent laws of the Canada. Unsolicited
information will be considered to be already in the
public domain and is not subject to any privilege or
17. GENERAL PROVISIONS.
In any dispute arising from the relationship between
prevailing party shall be entitled to reasonable attorneys’
fees and costs. The failure by SixP.Canada SportsMerchandise to enforce
not constitute a waiver of that provision or any other
or unenforceable by a court of competent jurisdiction,
all the other provisions shall remain in full force