Atherton Hockey policies
We've outlined our policies below to make sure this process is safe, productive, and efficient for you and for us!! We want to collaborate to give you the best possible experience. Reach out to support@athertonhockey.com any time with any questions or concerns. We're here to help!
Terms of Service
Last updated March 06, 2024
​
AGREEMENT TO OUR LEGAL TERMS
We are Atherton Hockey LLC ("Company," "we," "us," "our"), a company registered
in Wisconsin, United States at 753 Regal Ridge, Hudson, WI 54016.
We operate the website https://www.atherton-hockey.com/ (the "Site"), the mobile
application Atherton Hockey (the "App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms") (collectively, the
"Services").
​
We provide performance coaching resources and consulting services that elite
hockey players can use to find and repeat peak performance.
​
You can contact us by phone at 612-564-6767, email at support@athertonhockey.com, or by mail to:
753 Regal Ridge
Hudson, WI 54016
United States
​
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and Atherton Hockey LLC,
concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
​
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by support@athertonhockey.com, as stated in the email message. By continuing
to use the Services after the effective date of any changes, you agree to be bound by
the modified terms.
​
The Services are intended for users who are at least 18 years old. Persons under the
age of 18 are not permitted to use or register for the Services. Parents or guardians must register on behalf of players under age 18. Registration by parents implies full consent for all participation and consent of any information shared about players under 18. Parents should complete registration and oversee use and participation.
​
We recommend that you print a copy of these Legal Terms for your records.
​
1. OUR SERVICES
​
The information provided when using the Services is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
​
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the Services. You may not use the Services in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
​
2. INTELLECTUAL PROPERTY RIGHTS
​
Our intellectual property
​
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"), as
well as the trademarks, service marks, and logos contained therein (the "Marks").
​
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the
United States and around the world.
​
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use only.
​
Your use of our Services
​
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
​
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
​
solely for your personal, non-commercial use.
​
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
​
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior
to using our Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Services.
​
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
​
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
​
confirm that you have read and agree with our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the Services any
Submission that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
​
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission;
​
warrant that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions and that you have
full authority to grant us the above-mentioned rights in relation to your
Submissions; and
​
warrant and represent that your Submissions do not constitute confidential
information.
​
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property rights, or (c) applicable law.
​
3. USER REPRESENTATIONS
​
By using the Services, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these Legal
Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not
access the Services through automated or non-human means, whether through a
bot, script or otherwise; (6) you will not use the Services for any illegal or
unauthorized purpose; and (7) your use of the Services will not violate any applicable
law or regulation.
​
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Services (or any portion thereof).
​
4. USER REGISTRATION
​
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
​
5. PRODUCTS AND PROGRAMS
​
All products and programs are subject to availability. We reserve the right to discontinue any
products or programs at any time for any reason. Prices for all products and programs are subject to change.
​
6. PURCHASES AND PAYMENT
​
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
​
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to promptly
update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be in US
dollars.
​
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.
​
We reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
​
7. SUBSCRIPTIONS
​
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You
consent to our charging your payment method on a recurring basis without requiring
your prior approval for each recurring charge, until such time as you cancel the
applicable order. The length of your billing cycle will depend on the type of
subscription plan you choose when you subscribed to the Services.
​
Cancellation
You can cancel your subscription when the subscription commitment expires by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@athertonhockey.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law. You will continue to be charged the original subscription price unless and until we receive your explicit consent to change your subscription to the new subscription price.
​
8. REFUNDS POLICY
​
All sales are final and no refund will be issued. Please contact support@athertonhockey.com if we can help in any way. Your complete satisfaction is our priority.
​
9. PROHIBITED ACTIVITIES
​
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
​
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Services and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or
commercial enterprise
​
10. USER GENERATED CONTRIBUTIONS
​
The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Services, including but
not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through third-party
websites. When you create or make available any Contributions, you thereby
represent and warrant that:
​
The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services and
these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
​
Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and
may result in, among other things, termination or suspension of your rights to use the
Services.
​
11. CONTRIBUTION LICENSE
​
You and Services agree that we may access, store, process, and use any information
and personal data that you provide and your choices (including settings).
​
By submitting suggestions or other feedback regarding the Services, you agree that
we can use and share such feedback for any purpose without compensation to you.
​
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services.
You are solely responsible for your Contributions to the Services and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.
​
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this mobile application license
contained in these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any applicable
laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-
generating endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited commercial email;
or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
​
Apple and Android Devices
​
The following terms apply when you use the App obtained from either the Apple Store
or Google Play (each an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions
of this mobile application license contained in these Legal Terms or as otherwise
required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect
to the App; (3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for
the App, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government as a
"terrorist supporting" country and (ii) you are not listed on any US government list of
prohibited or restricted parties; (5) you must comply with applicable third-party terms
of agreement when using the App, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using the App; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile application license contained in these Legal
Terms, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party beneficiary
thereof.
​
13. SERVICES MANAGEMENT
​
We reserve the right, but not the obligation, to: (1) monitor the Services for violations
of these Legal Terms; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage the Services in a
manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
​
14. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in the United States. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the
Services, you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United States.
​
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
​
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
​
16. MODIFICATIONS AND INTERRUPTIONS
​
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We also reserve the right to
modify or discontinue all or part of the Services without notice at any time. We will not
be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.
​
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or
to supply any corrections, updates, or releases in connection therewith.
​
17. GOVERNING LAW
​
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Wisconsin applicable to agreements made
and to be entirely performed within the State of Wisconsin, without regard to its
conflict of law principles.
​
18. DISPUTE RESOLUTION
​
Informal Negotiations
​
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party
to the other Party.
​
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE
A JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the American
Arbitration Association (AAA) website. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted
in person, through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except where otherwise required by
the applicable AAA rules or applicable law, the arbitration will take place in St. Croix
County, Wisconsin. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
​
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall
be commenced or prosecuted in the state and federal courts located in St. Croix
County, Wisconsin, and the Parties hereby consent to, and waive all defenses of lack
of personal jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of action arose. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
​
Restrictions
​
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
​
Exceptions to Informal Negotiations and Arbitration
​
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
​
19. CORRECTIONS
​
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time,
without prior notice.
​
20. DISCLAIMER
​
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
​
21. LIMITATIONS OF LIABILITY
​
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
​
22. INDEMNIFICATION
​
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the Services; (2) breach of these Legal Terms; (3) any breach of your
representations and warranties set forth in these Legal Terms; (4) your violation of
the rights of a third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify us, and you agree to cooperate, at your expense, with
our defense of such claims. We will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
​
23. USER DATA
​
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
​
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
​
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
​
25. CALIFORNIA USERS AND RESIDENTS
​
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
​
26. MISCELLANEOUS
​
These Legal Terms and any policies or operating rules posted by us on the Services
or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal
Terms operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a
result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute these Legal Terms.
​
27. CONTACT US
​
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
​
Atherton Hockey LLC
753 Regal Ridge
Hudson, WI 54016
United States
Phone: 612-564-6767
Privacy Policy
PRIVACY NOTICE Last updated 03/08/2024
This privacy notice for Atherton Hockey ("we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you: engage in coaching services, schedule a 1:1 coaching session.
Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services.
SUMMARY OF KEY POINTS
This summary provides key points from our privacy notice, but you can find out more details about any of these topics in the sections below.
What personal information do we process?
When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. Learn more about personal information you disclose to us.
Do we process any sensitive personal information?
We do not process sensitive personal information.
Do we receive any information from third parties?
We may receive information from public databases, marketing partners, social media platforms, and other outside sources.
How do we process your information?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so.
What are your rights? Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information.
​
How do you exercise your rights? The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us at support@athertonhockey.com. We will consider and act upon any request in accordance with applicable data protection laws.
​
1. WHAT INFORMATION DO WE COLLECT?
​
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register
on the Services, express an interest in obtaining information about us or our products
and Services, when you participate in activities on the Services, or otherwise when
you contact us.
​
Sensitive Information: We do not process sensitive information.
​
All personal information that you provide to us must be true, complete, and accurate,
and you must notify us of any changes to such personal information.
​
Information automatically collected
In Short: Some information — such as your Internet Protocol (IP) address and/or
browser and device characteristics — is collected automatically when you visit our
Services.
​
We automatically collect certain information when you visit, use, or navigate the
Services. This information does not reveal your specific identity (like your name or
contact information) but may include device and usage information, such as your IP
address, browser and device characteristics, operating system, language
preferences, referring URLs, device name, country, location, information about how
and when you use our Services, and other technical information. This information is
primarily needed to maintain the security and operation of our Services, and for our
internal analytics and reporting purposes.
​
Like many businesses, we also collect information through cookies and similar
technologies.
​
2. HOW DO WE PROCESS YOUR INFORMATION?
​
In Short: We process your information to provide, improve, and administer our
Services, communicate with you, for security and fraud prevention, and to comply
with law.
We may also process your information for other purposes with your consent.
We process your personal information for a variety of reasons, depending on
how you interact with our Services, including: scheduling 1:1 coaching sessions, participating in coaching programs, downloading coaching materials.
​
3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
​
In Short: We may share information in specific situations described in this section
and/or with the following third parties.
We may need to share your personal information in the following situations:
​
Business Transfers. We may share or transfer your information in connection
with, or during negotiations of, any merger, sale of company assets, financing,
or acquisition of all or a portion of our business to another company.
​
Affiliates. We may share your information with our affiliates, in which case we
will require those affiliates to honor this privacy notice. Affiliates include our
parent company and any subsidiaries, joint venture partners, or other
companies that we control or that are under common control with us.
​
Business Partners. We may share your information with our business
partners to offer you certain products, services, or promotions.
​
4. DO WE USE COOKIES AND OTHER TRACKING
TECHNOLOGIES?
In Short: We may use cookies and other tracking technologies to collect and store
your information.
We may use cookies and similar tracking technologies (like web beacons and pixels)
to access or store information. Specific information about how we use such
technologies and how you can refuse certain cookies is set out in our Cookie Notice.
​
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
In Short: We may transfer, store, and process your information in countries other
than your own.
Our servers are located in the United States of America. If you are accessing our Services from outside, please be aware that your information may be transferred to, stored, and processed by us in
our facilities and by those third parties with whom we may share your personal
information in other countries.
​
6. HOW LONG DO WE KEEP YOUR INFORMATION?
​
In Short: We keep your information for as long as necessary to fulfill the purposes
outlined in this privacy notice unless otherwise required by law.
​
We will only keep your personal information for as long as it is necessary for the
purposes set out in this privacy notice, unless a longer retention period is required or
permitted by law (such as tax, accounting, or other legal requirements).
​
When we have no ongoing legitimate business need to process your personal
information, we will either delete or anonymize such information, or, if this is not
possible (for example, because your personal information has been stored in backup
archives), then we will securely store your personal information and isolate it from
any further processing until deletion is possible.
​
7. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We require parent consent to collect data from or market to children under 18 years
of age.
​
We do not knowingly solicit data from or market to children under 18 years of age. By
using the Services, you represent that you are at least 18 or that you are the parent
or guardian of such a minor and consent to such minor dependent’s use of the
Services.
​
​
8. WHAT ARE YOUR PRIVACY RIGHTS?
​
In Short: You may review, change, or terminate your account at any time.
Withdrawing your consent: If we are relying on your consent to process your
personal information, which may be express and/or implied consent depending on
the applicable law, you have the right to withdraw your consent at any time. You can
withdraw your consent at any time by contacting us by using the contact details
provided below.
​
However, please note that this will not affect the lawfulness of the processing before
its withdrawal nor, when applicable law allows, will it affect the processing of your
personal information conducted in reliance on lawful processing grounds other than
consent.
​
Account Information
If you would at any time like to review or change the information in your account or
terminate your account, you can update your profile directly or send us a message.
​
Upon your request to terminate your account, we will deactivate or delete your
account and information from our active databases. However, we may retain some
information in our files to prevent fraud, troubleshoot problems, assist with any
investigations, enforce our legal terms and/or comply with applicable legal
requirements.
​
9. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications
include a Do-Not-Track ("DNT") feature or setting you can activate to signal your
privacy preference not to have data about your online browsing activities monitored
and collected. At this stage no uniform technology standard for recognizing and
implementing DNT signals has been finalized. As such, we do not currently respond
to DNT browser signals or any other mechanism that automatically communicates
your choice not to be tracked online. If a standard for online tracking is adopted that
we must follow in the future, we will inform you about that practice in a revised version
of this privacy policy.
​
10. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant
laws.
​
We may update this privacy notice from time to time. The updated version will be
indicated by an updated "Revised" date and the updated version will be effective as
soon as it is accessible. If we make material changes to this privacy notice, we may
notify you either by prominently posting a notice of such changes or by directly
sending you a notification. We encourage you to review this privacy notice frequently
to be informed of how we are protecting your information.
​
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact us by post at:
​
Atherton Hockey LLC
753 Regal Ridge
Hudson, WI 54016
United States
​
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE
DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request
access to the personal information we collect from you, change that information, or
delete it. To request to review, update, or delete your personal information, please fill
out and submit a request below.
Cookie Policy
Last updated March 06, 2024
​
This Cookie Policy explains how Atherton Hockey LLC ("Company," "we," "us," and
"our") uses cookies and similar technologies to recognize you when you visit our
website at https://www.atherton-hockey.com ("Website"). It explains what these
technologies are and why we use them, as well as your rights to control our use of
them.
​
In some cases we may use cookies to collect personal information, or that becomes
personal information if we combine it with other information.
​
What are cookies?
Cookies are small data files that are placed on your computer or mobile device when
you visit a website. Cookies are widely used by website owners in order to make their
websites work, or to work more efficiently, as well as to provide reporting information.
Cookies set by the website owner (in this case, Atherton Hockey LLC) are called
"first-party cookies." Cookies set by parties other than the website owner are called
"third-party cookies." Third-party cookies enable third-party features or functionality to
be provided on or through the website (e.g., advertising, interactive content, and
analytics). The parties that set these third-party cookies can recognize your computer
both when it visits the website in question and also when it visits certain other
websites.
​
Why do we use cookies?
We use first- and third-party cookies for several reasons. Some cookies are required
for technical reasons in order for our Website to operate, and we refer to these as
"essential" or "strictly necessary" cookies. Other cookies also enable us to track and
target the interests of our users to enhance the experience on our Online Properties.
Third parties serve cookies through our Website for advertising, analytics, and other
purposes. This is described in more detail below.
​
How can I control cookies?
You have the right to decide whether to accept or reject cookies. You can exercise
your cookie rights by setting your preferences in the Cookie Consent Manager. The
Cookie Consent Manager allows you to select which categories of cookies you
accept or reject. Essential cookies cannot be rejected as they are strictly necessary
to provide you with services.
​
The Cookie Consent Manager can be found in the notification banner and on our
website. If you choose to reject cookies, you may still use our website though your
access to some functionality and areas of our website may be restricted. You may
also set or amend your web browser controls to accept or refuse cookies.
​
The specific types of first- and third-party cookies served through our Website and
the purposes they perform are described in the table below (please note that the
specific cookies served may vary depending on the specific Online Properties you
visit):
​
Essential website cookies:
These cookies are strictly necessary to provide you with services available through
our Website and to use some of its features, such as access to secure areas.
​
Name: hs
Purpose: Used for security reasons
Provider: .www.atherton-hockey.com
Service: Wix View Service Privacy Policy
Type: server_cookie
Expires in: session
​
Name: svSession
Purpose: Used in connection with user login
Provider: .www.atherton-hockey.com
Service: Wix View Service Privacy Policy
Type: server_cookie
Expires in: 1 year 11 months 29 days
​
Name: __cf_bm
Purpose: Cloudflare places the cookie on end-user devices that access cus
tomer sites protected by Bot Management or Bot Fight Mode.
Provider: .forms.soundestlink.com
Service: CloudFlare View Service Privacy Policy
Type: http_cookie
Expires in: 30 minutes
​
Name: rc::a
Purpose: Used to track and analyze user behavior to distinguish humans fr
om bots or automated software.
Provider: www.google.com
Service: reCAPTCHA View Service Privacy Policy
Type: html_local_storage
Expires in: persistent
​
Performance and functionality cookies:
These cookies are used to enhance the performance and functionality of our Website
but are non-essential to their use. However, without these cookies, certain
functionality (like videos) may become unavailable.
​
Name: fedops.logger.sessionId
Purpose: Used for stability/effectiveness measurement
Provider: www.atherton-hockey.com
Service: Wix View Service Privacy Policy
Type: html_local_storage
Expires in: persistent
​
Analytics and customization cookies:
These cookies collect information that is used either in aggregate form to help us
understand how our Website is being used or how effective our marketing campaigns are, or to help us customize our Website for you.
​
Name: ec
Provider: frog.wix.com
Type: pixel_tracker
Expires in: session
​
Unclassified cookies:
These are cookies that have not yet been categorized. We are in the process of
classifying these cookies with the help of their providers.
​
Name: soundestID
Provider: .atherton-hockey.com
Type: http_cookie
Expires in: session
​
Name: _wixAB3
Provider: .wix.com
Type: server_cookie
Expires in: 5 months 27 days
​
Name: omnisendSessionID
Provider: .atherton-hockey.com
Type: http_cookie
Expires in: 30 minutes
​
Name: ssr-caching
Provider: www.atherton-hockey.com
Type: server_cookie
Expires in: less than 1 minute
​
Name: bSession
Provider: .ecom.wixapps.net
Type: http_cookie
Expires in: 30 minutes
​
Name: debug
Provider: www.atherton-hockey.com
Type: html_local_storage
Expires in: persistent
​
Name: bSession
Provider: .www.atherton-hockey.com
Type: http_cookie
Expires in: 30 minutes
​
How can I control cookies on my browser?
As the means by which you can refuse cookies through your web browser controls
vary from browser to browser, you should visit your browser's help menu for more
information. The following is information about how to manage cookies on the most
popular browsers:
​
Do you use Flash cookies or Local Shared Objects?
Websites may also use so-called "Flash Cookies" (also known as Local Shared
Objects or "LSOs") to, among other things, collect and store information about your
use of our services, fraud prevention, and for other site operations.
If you do not want Flash Cookies stored on your computer, you can adjust the
settings of your Flash player to block Flash Cookies storage using the tools
contained in the Website Storage Settings Panel. You can also control Flash Cookies
by going to the Global Storage Settings Panel and following the instructions (which
may include instructions that explain, for example, how to delete existing Flash
Cookies (referred to "information" on the Macromedia site), how to prevent Flash
LSOs from being placed on your computer without your being asked, and (for Flash
Player 8 and later) how to block Flash Cookies that are not being delivered by the
operator of the page you are on at the time).
Please note that setting the Flash Player to restrict or limit acceptance of Flash
Cookies may reduce or impede the functionality of some Flash applications,
including, potentially, Flash applications used in connection with our services or
online content.
​
Do you serve targeted advertising?
Third parties may serve cookies on your computer or mobile device to serve
advertising through our Website. These companies may use information about your
visits to this and other websites in order to provide relevant advertisements about
goods and services that you may be interested in. They may also employ technology
that is used to measure the effectiveness of advertisements. They can accomplish
this by using cookies or web beacons to collect information about your visits to this
and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details, or other details that directly identify you unless you choose to provide these.
​
How often will you update this Cookie Policy?
We may update this Cookie Policy from time to time in order to reflect, for example,
changes to the cookies we use or for other operational, legal, or regulatory reasons.
Please therefore revisit this Cookie Policy regularly to stay informed about our use of
cookies and related technologies.
The date at the top of this Cookie Policy indicates when it was last updated.
Where can I get further information?
If you have any questions about our use of cookies or other technologies, please
email us at support@athertonhockey.com or by post to:
Atherton Hockey LLC
753 Regal Ridge
Hudson, WI 54016
United States
Phone: 612-564-6767
​
This cookie policy was created using Termly's Cookie Consent Manager.
Contact US
Send us a request to view, edit, and/or delete the personal information we have stored on Atherton-Hockey.com or the Atherton Hockey App. We are happy to honor your request!