TERMS OF USE

IMPORTANT! BY ACCESSING, BROWSING, DOWNLOADING, INSTALLING AND/OR USING THIS WEBSITE, INCLUDING OUR PROPRIETRARY E-LEARNING MANAGEMENT SYSTEM (LSM) SOFTWARE APPLICATION ACCESSIBLE THEREON, OR ANY CONTENT OR PART THEREOF (HEREINAFTER COLLECTIVELY THE “SITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE (“AGREEMENT”), AND THAT YOU AGREE TO ACCEPT AND BE BOUND BY THIS AGREEMENT. CAREFULLY READ ALL OF THE FOLLOWING TERMS OF USE BEFORE PROCEEDING. ACCESSING THIS SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT OUR SITE.
Rays Sports Network Inc. o/a HWZTHAT.com (referred to herein as the “Provider”, “We”, “Our” and “Us”), is committed to promoting the game of cricket by providing cricket players, students, coaches, parents, academy officials and related organizations and service providers through Our website www.Hwzthat.com, including the use of Our sports e-learning management system (LMS) proprietary application software accessible thereon, and the content thereof (hereinafter collectively referred to as the “Site”), that provides an online service (the “Service”) by which You may access, browse and use the content for free, “pay-to-play”, or on a subscription basis.
Rays Sports Network Inc. o/a HWZTHAT.com (referred to herein as the “Provider”, “We”, “Our” and “Us”), is committed to promoting the game of cricket by providing cricket players, students, coaches, parents, academy officials and related organizations and service providers through Our website www.Hwzthat.com, including the use of Our sports e-learning management system (LMS) proprietary application software accessible thereon, and the content thereof (hereinafter collectively referred to as the “Site”), that provides an online service (the “Service”) by which You may access, browse and use the content for free, “pay-to-play”, or on a subscription basis.
As used herein, the term “You” or “Participant” refers to you, the user and/or subscriber of the Site, whether you are an individual cricket player, student, coach, parent, academy official or related organization (e.g., cricket club, indoor stadium, etc.), and if you are under 18 years of age, your child on whose behalf You agree to allow access to the Site and to use the Service.
What is the Purpose of Our Site and Service?
By opening an account and accessing, browsing and using the content and features of Our Site, including the LMS platform, Our Site provides a live video conferencing tool, the ability to download and upload practice videos, wellness and fitness data (from physical fitness monitors and activity trackers to fitness and biomechanical clinics). With the support of a comprehensive genetic test combined with a detailed metabolic assessment and musculoskeletal screening exam, the use of a performance intelligence platform and a faculty of skilled coaches, customised training programs and the most modern equipment and sporting facilities, Our Site facilitates the development of players’ and students’ cricket skills and inspires and empowers an environment for players to cultivate their skills and produce creative and accountable cricket players to nurture their tactical creativity and decision making capabilities.
Additionally, as Our Site is essentially a data driven platform, We also strive to fullfil the dreams of cricket players and students by absorbing and coalescing large volumes of historical and current data, analyzing and visualising that data in near real-time, and participating in the process of scouting players by triggering exceptional talent data to major cricket leagues and National teams.
1. Eligibility. The content and information on the Site and available through the Service is provided solely for informational, instructional, educational, training and skill development purposes only and is intended for individuals of all ages. However, in order to set up an account and have access to the account holder's area of the Service by anyone under eighteen (18) years of age, without the permission of his or her parent or legal guardian, is unlicensed and unauthorized and should not be undertaken. IF YOU ARE UNDER THE AGE OF 18 YOU MUST NOT USE THE SERVICE ON THIS SITE WITHOUT PERMISSION OF A PARENT OR LEGAL GUARDIAN. Such consent may be provided by going to the following link: Minor's Consent Form.
2. Account & Subscription/Paid Services.
(i) While browsing the main webpage of Our Site does not require you to create an account or sign up for paid subscription services, accessing most of the features of Our Site and Service, will require you to create, open account and sign up for our Service. We reserve the right to terminate your account without prior notice if, in our sole discretion, You engage in any conduct through the Site or the Service that is unlawful, harassing, obscene, lewd, defamatory, adversely affects the computer systems through which the Site and the Service are provided, or otherwise contrary to sportsmanlike principles, the vision of the Provider, or the guidelines on user conduct specified below. In consideration of your use of the Site, You agree to (a) provide accurate, current and complete information about You as may be prompted by any account registration forms on the Site ("Account Data"); (b) maintain the security of your password and identification;
(c) maintain and promptly update the Account Data, and any other information You provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree not to share your username and password with any other person, as each account entitles only one Participant to access the Site and the related applicable Services.
(ii) If You elect to access or use Our products or services that involves payment of a fee, whether it is a subscription, one-time purchase or "pay-to-play", You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. Payment will be online by credit card and/or an online payment system, as may be selected by Us from time to time. The prices advertised for subscriptions, one-time purchases or "pay-to-play" products or services are current at the time of display but may be changed by Us at any time. Any changes to the subscription prices will be effective from the date published and apply to all new memberships or renewals of subscriptions. Unless otherwise specified, all prices are advertised in Canadian dollars. Depending on the particular product or service, the cost may involve a paid annual subscription, a single one-time payment (e.g., for a single online session with a coach). You agree to promptly notify us of any changes to the chosen payment method. You will also be responsible for all applicable taxes, and all subscriptions purchased by You.
(iii) You acknowledge that, subject to Us refunding any payment received from You and to the extent permitted by law, You have no right or claim against Us for any loss, damage, cost or expense arising from Our cancellation or rejection of any subscription for a product or service.
3. Warranty of Sufficient Physical Fitness. If an individual, You represent and warrant that You (or your child, as applicable) are in sufficiently good physical condition to engage in the strenuous physical activity involved with playing competitive cricket, or to engage in any of the activities promoted by the Site or the Service. All of the information provided on the Site is for informational, instructional, educational, training and skill development purposes only. You further represent and warrant that You (or your child, as applicable) have consulted with a qualified physician who has determined that You (or your child, as applicable) are in sufficient form to engage in the strenuous physical activity involved with playing competitive cricket. In no event shall the Provider or any individual or company involved with the Provider be liable for special, indirect, incidental or consequential damages of any nature, including but not limited to personal injury arising from the Service. IF YOU (OR YOUR CHILD, AS APPLICABLE) ARE NOT IN SUFFICIENT PHYSICAL CONDITION TO ENGAGE IN THE STRENUOUS PHYSICAL ACTIVITY INVOLVED WITH PLAYING COMPETITIVE CRICKET OR IN UNDERTAKING THE ACTIVITIES PROMOTED BY THE SITE OR THE SERVICE, YOU (OR YOUR CHILD, AS APPLICABLE) SHOULD NOT ENGAGE IN THE ACTIVITIES DEMONSTRATED ON THE SITE.
4. Proprietary Rights in Site Content; Limited License. All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (hereinafter called the "Site Content"), are the proprietary property of the Provider, its users or its licensors with all rights reserved. Under no circumstances will You acquire any ownership rights or other interest in any Site Content by or through your use of this Site. Except as stated herein, no Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Provider's prior written permission. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Provider, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
5. Trademarks and Copyright. (i) The copyright in all material provided on this Site is held by Provider or by the original creator of the material, as the case may be. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, translated, downloaded, displayed, posted, communicated to the public by telecommunication or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Provider or the copyright owner. Consent is granted to display and download the materials on this Site for your personal, non-commercial use only provided You do not modify the materials and that You retain all copyright and other proprietary notices contained in the materials. You also may not, without Provider's consent, "mirror" any material contained on this Site on any other server. The foregoing consent terminates automatically if You breach any of the Terms of Use. Upon termination, You will immediately destroy any downloaded and printed materials.
(ii) The trademarks, service marks, logos and graphics (collectively the "Trademarks") used or appearing on this Site are the registered and unregistered trademarks of Provider, its subsidiaries or others. Other product names used on or in materials contained on this Site are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, or any other means to use any trademark appearing on this Site.
(iii) Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes
6. User Conduct & Restrictions On Use. You understand that the Service and the Site are available for your personal, non-commercial use only. You agree that You will not:
(i) distribute the Site Content for any purpose including, without limitation, compiling an internal database, redistributing or reproduction of the Site Content by the press or media or through any commercial network, cable or satellite system; or
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Site Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Provider, or third parties or allow any other party to access the Site Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
(iii) use any device, software or technique to interfere with or attempt to interfere with the proper working of this Site.
(iv) post or send to the Site any unlawful, fraudulent, inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, harassing, libellous or obscene information of any kind.
(v) post or send to the Site any information that contains a virus, bug or other harmful item.
(vi) use any device or technology to provide repeated automated attempts to access password-protected portions of this Site.
(vii) Use the Site, if you are under the age of 18, unless You have first obtained the consent of your parent or legal guardian.
(viii) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or our products and services;
7. Password-Protected Areas. You agree to keep your user name and password confidential, to notify Provider in writing within 24 hours if your password is compromised. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
8. Submissions or Uploaded Content To Our Site..
(i) By submitting or uploading to Our Site any of your own information or content, including any stories, photographs, videos etc. (your "Submission"), You grant us a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, display, reproduce and modify in any manner whatsoever your Submission (in whole or part) anywhere as We see fit. You also waive any moral rights You may have in your Submission.
(ii) By making your Submission to Us, You warrant that the information and material You submit is true and accurate, relates only to lawful activity, does not infringe or violate any third party's rights, including copyrights or trade mark rights, nor will it be defamatory, false, misleading or in any manner harmful to any person or otherwise unlawful if posted on our Site. We reserve the right to edit, modify, remove from the Site or not post any material We find inappropriate for any reason whatsoever, without notice to any person.
(ii) Although We take great care in posting information on Our Site, technical, typographic and/or photographic errors may occur in Our posting of your Submission. Although We request that You notify us of any such errors, We are not responsible or liable under any circumstances for any loss or damage caused by such errors.
(iv) By submitting information to Us, You are agreeing that You will indemnify and hold Us, and Our affiliates, officers, directors, employees, consultants and agents, harmless from any claim or demand, including reasonable lawyers' fees, made by any person due to or arising directly or indirectly in any manner from your Submission to Our Site.
(v) By submitting information to Us, You waive all confidentiality in the submitted information and You acknowledge that We have no obligation to keep any of the submitted information confidential for any purpose. You also acknowledge that We can use the information in any manner We see fit, including publishing the information on Our Site, and elsewhere without compensation to You. You are prohibited from submitting any confidential information to Us and We will not be responsible for any damages to You or any third party suffered as the result of any unauthorized transmission of confidential information that You may make to or through Us or for any errors or any changes made to such transmitted information.
9. Computer Viruses. While every effort is made to ensure that all Site Content on this Site does not contain computer viruses, You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
10. Site Maintenance. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications. The Provider is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or Participants on account of technical problems or traffic congestion on the Internet or at the Site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Service.
11. Limitations on Liability and Disclaimers.
(i) THERE IS NO GUARANTEE THAT PERSONAL INFORMATION ON THIS SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS SITE AND THE SITE CONTENT IS AT YOUR OWN RISK AND PROVIDER ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE SITE CONTENT, YOUR USE OF THE SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.
(ii) ALTHOUGH THIS SITE CONTAINS INFORMATION OBTAINED FROM OR BASED UPON SOURCES BELIEVED TO BE RELIABLE AND HAS BEEN PREPARED IN GOOD FAITH AND WITH ALL REASONABLE CARE, THIS SITE AND ALL SITE CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS SITE OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(III) IN NO EVENT WILL PROVIDER, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR USE OF OR RELIANCE ON THIS SITE, OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF PROVIDER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL WE BE LIABLE FOR ANY ERRORS IN PROCESSING OF YOUR CREDIT CARD INFORMATION UNDERTAKEN BY ANY THIRD-PARTY PROVIDER WITH WHOM WE CONTRACT TO PROVIDE SUCH SERVICES.
(iv) IN NO EVENT WILL PROVIDER, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS SITE OR THE SITE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF PROVIDER, EVEN IF PROVIDER OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
(v) THE SITE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. PROVIDER IS NOT RESPONSIBLE FOR ANY SITE CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. PROVIDER DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
12. Third Party Websites and Content. The Site may provide links to other websites, servers or resources maintained by other organizations. Because We have no control over such sites, servers and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Other websites may provide links to the Site with or without our authorization. We have no control over websites that provide links to the Site, and You acknowledge and agree that We do not necessarily endorse such websites and are not responsible for any links from those websites to the Site or for any content, advertising, products, or other materials available on such other websites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites, servers or resources that We provide links to or that provide links to the Site, or (ii) any content, goods, or services available on or through any such sites, servers or resources. We shall have the right, at any time and in our sole discretion, to block links through technological or other means, without prior notice.
13. Your Privacy Your privacy is important to Us, and We take certain steps to ensure your personally identifiable information is protected in compliance with applicable law. You hereby agree and accept the terms of Our Privacy Policy, as amended from time to time, which can be found at the following link: https://www.hwzthat.com/privacypolicy.
14. Termination.
(i) This Agreement is effective until terminated by Provider, with or without cause, in Provider's sole and unfettered discretion, subject to the terms and conditions contained in any applicable agreements between You and Provider. Provider may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Provider shall be in addition to and without prejudice to any other rights and remedies that may be available to Provider, including an injunction and other equitable remedies.
(ii) The disclaimers, limitations on liability, ownership, termination, interpretation, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
15. Indemnity. You agree at all times to indemnify, defend and hold harmless Provider, its agents, suppliers, affiliates and their respective directors, officers and employees, to the maximum extent permitted by law, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Provider directly or indirectly in respect of:
(i) any information or other content You provide on or through this Site or which is sent to Provider by e-mail or other correspondence; or
(ii) Your use or misuse of the Site Content or this Site, including without limitation infringement claims.
16. Governing Law. The Provider, this Site and the Site Content (excluding linked websites or its content) are physically located within the Province of Ontario, Canada. This Agreement will be governed by the laws of the Province of Ontario, and the laws of Canada applicable therein, and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law.
17. Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
18. No Waiver. The failure of Provider to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.
19. Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
20. Enurement. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

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