ADIDAS CANADA - TERMS AND CONDITIONS OF PLATFORM USE

If you place and order through (i) www.adidas.ca (“Web Site”), any adidas App (collectively, the “App”), or any other website or app in which we present these Terms (together referred to as the “Platform”), upon confirmation that such order is accepted, a contract of sale will be executed between you and adidas Canada Limited, a federal corporation formed under the laws of Canada.

The Platform is owned and operated by adidas Canada and the adidas Group (adidas”, “we” or “us”). In addition to the Content (as defined below) on the Platform, the Platform provides you with various shopping, e-commerce and community services (“Services”). Please read these Terms and Conditions of Use (“Terms”) carefully before using our Web Site, App, and the Services. If you choose to continue to use or access this Platform after having the opportunity to read these Terms, you recognize that adidas has provided valuable consideration by offering this Platform free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Plaform and exit immediately.

We reserve the right to modify or amend the Terms from time to time without notice, subject to applicable laws. Your continued use of our Platform (as applicable) following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as our shipping and return policies. By using this Platform, you agree to such terms and conditions, as well as these Terms and our Privacy Policy (available here) (collectively, the “Agreement”).

1. COPYRIGHT AND TRADEMARKS

All rights in the content featured or displayed on or through the Platform, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, software, and other information (“Content”) are and remain owned by adidas, its affiliated companies, its licensors or its content providers, as applicable. Except as may be otherwise indicated within the Platform, you are authorized to view, play, print and download Content found on the Platform for personal, informational, and non-commercial purposes only. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not re-use any Content without first obtaining the written consent of adidas. The use of any Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Platform.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Platform, the software, including but not limited to any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by adidas. adidas does not transfer title to the Software to you. You own the medium on which the Software is recorded, but adidas retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

2. PRODUCTS, CONTENT AND SPECIFICATION

All elements of the Platform including, but not limited to, the general design and the Content, may be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property or other rights. Except as explicitly permitted under these Terms or another agreement with adidas, no portion or element of the Platform or its Content may be copied or retransmitted via any means. The Platform, its Content and all related rights shall remain the exclusive property of adidas, its affiliated companies, its licensors, or its content providers, as applicable, unless otherwise expressly agreed. All such rights are reserved.

Content on this Platform may include images of people playing sports and exercising. Please be aware that we are not familiar with your individual physical characteristics and health. Before you begin an exercise program, you should get a medical checkup. It is important that you warm up and stretch before engaging in physical activity and that you use common sense while engaging in physical activity. If you experience any pain, feel weak, dizzy or exhausted or become short of breath, immediately stop your workout. When you engage in physical activity, you assume all inherent risks.

3. PURCHASES & SHIPPING LIMITATIONS

You may only purchase or order items for personal, non-commercial purposes.

When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Platform. Items purchased on this Platform cannot be delivered to any address outside of Canada. Further, all purchases from this Platform are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Platform pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

adidas, acting reasonably and in good faith and in accordance with applicable law, reserves the right to (a) limit the quantities of items you may purchase, and (b) reject, correct, cancel or refuse your order, if (i) we believe you have breached the Terms; (ii) we are unable to verify or authenticate any information you provide to us; (iii) an unauthorized or non-sanctioned discount code was used on the order (as determined by adidas, acting reasonably), (iv) we believe that your actions may be improper, fraudulent, or otherwise cause financial loss or legal liability for you, our users or us, (v) if Product(s) are shown on the Platform but are not or no longer available or (vi) if shipping restrictions apply to a Product.

In order to help protect you and adidas from potentially fraudulent transactions, adidas may provide your transaction-related information to third party organizations to perform an address verification, in accordance with the terms of our Privacy Policy. This address verification is to help ensure that the "bill to" address provided matches your credit card address. In the event that adidas determines that it cannot (or is unable to) to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

4. ADIDAS HYPE TERMS AND CONDITIONS

This section, containing the adidas hype Terms & Conditions (“Hype Terms”), set out the specific terms that govern your participation in any adidas hype event (“Hype Event”) that may be available in Canada. These Hype Events provide an opportunity for consumers to purchase a limited edition adidas product (“Hype Product”) via (one or more channels of) the Platform or in an adidas store. During the registration and/or participation for any Hype Event, adidas shall communicate to you which type of Hype Event you are entering. By registering and/or participating for any Hype Event you agree to be bound to these Hype Terms and the decisions of adidas. The Hype Terms apply in addition to the other terms set out in these Terms & Conditions, insofar the Hype Terms do not deviate from the other terms. We are offering a limited number of Hype Products for purchase through a Hype Event. This offer is good while supplies last and may be limited to one Hype Product per participant and account during the Hype Event.

adidas reserves the right to modify these Hype Terms, and to cancel, modify, or suspend the Hype Event at any time. adidas has the right, in its sole discretion, to disqualify or prohibit from participating in the Hype Event any individual who adidas believes (i) has tampered with the entry process or undermined the legitimate operation of the Hype Event in any manner; (ii) has engaged in conduct that annoys, abuses, threatens, or harasses any other participant or any representative of adidas; or (iii) has attempted or intends to attempt any of the foregoing. The use of agents or automated devices, programs, or methods to submit entries is prohibited, and adidas has the right, in its sole discretion, to disqualify any participant that it believes may have been submitted an entry using such an agent or automated device, program, or method.

4 (a) Hype eCom Draw Sale

Sale Period

The Hype eCom Draw Sale (“Draw Sale”) begins and ends on the period described in the Platform (the “Sale Period”).

How to Participate

In order to participate through the App, you must have a device that uses the iOS or Android operating system and has the ability to receive text messages. You also must have location services and in-app messaging enabled on your device. To participate, create a Creators Club account. Once you have an account, during the Sale Period, you must enter the requested information to complete your participation.

Participation Rules

All entries must be submitted and received before the conclusion of the Sale Period. Normal time rates and data charges, if any, charged by your internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry.

Selection of Purchasers

After the end of the Sales Period, participants will be selected at random to purchase the Hype Product (“Purchaser”), with some advantage given to higher tier Creator Club members. Being a Creators Club member, even in the higher tiers, does not guarantee that you will be selected to be a Purchaser.

Product Purchase and Delivery

If you are selected as a Purchaser, we will notify you by e-mail (sent to the e-mail address provided when entering), and automatically charge the purchase price of the Hype Product, plus any applicable taxes, and shipping and handling, to the payment method you provided to participate in the Draw Sale. We will ship the Hype Product to the shipping address you provided to participate in the Draw Sale. adidas’ standard payment and shipping terms detailed in these Terms and Conditions and the help section apply.

Returns

Purchasers may return some Hype Products, subject to adidas’ Return Policy.

4(b) Hype eCom “First Come, First Served” Sale

Sale Period

The Hype eCom “First Come, First Served” Sale begins and ends on the period described in the Platform (the “Sale Period”). The first come, first served mechanism is used for e.g. the Ivy Park Hype Products.

How to Participate

Participation Rules

Selection of Purchasers

After the end of the Sales Period, participants will be selected on a first come first served basis, to purchase the Hype Product (“Purchaser”).

Product Purchase

You should complete the checkout of the Hype Products in your shopping list as fast as you can after the Hype Products have been released for purchase, to increase the chance of purchasing them. We do not guarantee you can purchase any of the Hype Products that are in your shopping list either prior or after release of the Hype Products. We will notify you of the exact time of release through a timer on the Platform and by e-mail (sent to the e-mail address provided when entering).

Returns

Purchasers may return some Hype Products, subject to adidas’ Return Policy.

4(c) Hype eCom “Queue Light” Sale

Sale Period

The Hype eCom “Queue Light” Sale begins and ends on the period described in the Platform (the “Sale Period”), and ends, at the latest when all Hype Products are sold out.

How to Participate

Participation Rules

Selection of Purchasers

During the Sales Period, participants will be selected on a first come first served basis, for each available shoe size, to purchase the Hype Product (“Purchaser”).

Product Purchase

Your registration in the Hype Event means you agree to purchase the item if you win. We do not guarantee you can purchase any of the Hype Products either prior or after release of the Hype Products.

Returns

Purchasers may return some Hype Products, subject to adidas’ Return Policy.

4(d) Hype eCom “Queue Pro” Sale

Sale Period

The Hype eCom “Queue Pro” Sale begins and ends on the period described in the Platform (the “Sale Period”).

How to Participate

Participation Rules

Selection of Purchasers

During the Sales Period, participants will be selected at random to purchase the Hype Product (“Purchaser), whereas certain criteria related to the participants may be considered, for example App engagement, participation in other Hype Events, or some advantages may be given to higher tier Creators Club members. Being a Creators Club member, even in the higher tiers, does not guarantee that you will be selected to be a Purchaser.

Product Purchase

Your registration in the Hype Event means you agree to purchase the item if you win. We do not guarantee you can purchase any of the Hype Products either prior or after release of the Hype Products.

Returns

Purchasers may return some Hype Products, subject to adidas’ Return Policy.

4(e) Retail Exclusive Hype Release

How to Participate

When participating, please remember to follow all safety guidelines in your area, including ones related to COVID-19.

In order to participate with the Retail Exclusive Hype Release, you must sign up to join a launch event in the App, which will give you a chance to win a reservation for a particular style of Hype Product. Signing up to join a launch event is not a guarantee of a reservation. During the process of signing up for a launch event you will select your preferred size and store. In order to receive notice of exclusive releases in your area, push notifications must be enabled within the App. Location services must be enabled on your device.

Selection of Purchasers

Reservations are granted based on a random selection and are non-transferable. To reserve a Hype Product, you must be within a pre-determined zone around eligible store locations as determined within the App. If you are selected to make a reservation, you will be provided a pick-up location and several timeslots. If you do not choose a timeslot, one will be allocated to you. At the designated time, you are required to bring your device with the App installed and containing a valid voucher (QR code) confirming your reservation to your pick-up location.

Product Purchase

In order to complete a purchase of the Hype Product, you must bring photo ID, an acceptable method of payment, and provide the confirmation voucher to a store employee. If you do not or are unable to pick up the Hype Product at the time, date and location indicated, it will not be held for you. Receiving a reservation is not a guarantee that you will be able the purchase the Hype Product. One (pair of the) Hype Product can be picked up per person regardless of the number of reservations. Additional terms may apply to particular launch events and reservations for particular styles of the Hype Product. Any such additional terms will be disclosed at the time you seek to join such a launch event or make such a reservation.

Returns

If you buy the reserved Hype Product, you pay for it in store and are concluding a purchase agreement with the adidas retailer of your choice locally. This means that you can only return the Hype Product to the same store you bought it from, subject to the return policy of that store.

4(f) Hype eCom “Unbox” Sale

Sale Period

The Hype App “Unbox” Sale begins and ends on the period described in the Platform and ends once the Products are sold out or at a time communicated within the App, whichever comes first (the “Sale Period”).

How to Participate

In order to participate through the App, you must have a device that uses the iOS or Android operating system and has the ability to receive text messages. You also must have location services and in-app messaging enabled on your device and be located in a Drop Area. To participate, create a Creators Club account. Once you have an account, during the Sale Period, you must enter the requested information to complete your participation.

Participation Rules

The Hype Event is limited to specific geographic areas in one or more cities, as further described in the App (each location, a “Drop Area”). Participants must be physically within a Drop Area to participate in the Hype Event. During the Sale Period, follow the instructions in the App on how to participate. Normal time rates and data charges, if any, charged by your internet or mobile service provider will apply. Participating in this Hype Event does not guarantee that you will be able to purchase a Hype Product.

Once you start participating in the Hype Event during the Sale Period, you will see a number of virtual shoe boxes in a map of the Drop Area. Only one of these boxes will contain a virtual version of the Product. To open a virtual shoe box, you must be within a certain distance from that box, as described in the App.

Selection of Purchasers

During the Sales Period, participants will be selected on a first come first served basis in relation to the Drop Area, to purchase the Hype Product (“Purchaser”). Once you find and open the box containing the virtual Product, you have a limited number of minutes to purchase the Product.

Product Purchase

All purchases must be completed before the conclusion of the Sales Period. We do not guarantee you can purchase any of the Hype Products that are either prior or after release of the Hype Products.

Returns

Purchasers may return some Hype Products, subject to adidas’ Return Policy.

5. MONEY CAN'T BUY PRODUCTS ("MCBP") AND POINTS FOR PRODUCTS (P x P)

5(a) Money Can't Buy Products ("MCBP")

You will be entitled to use your Points to Spend to purchase MCBP and any such purchase will be subject to our eCom Terms and Conditions and any additional terms presented to you when making a purchase. MCBP are final sale and cannot be returned or exchanged unless your product is defective and you are legally entitled to a refund. Please see our returns policy for details.

5(b) Points for Products (P x P)

You will be entitled to use your Points to Spend to purchase certain P x P items and any such purchase will be subject to our eCom Terms and Conditions and any additional terms presented to you when making a purchase. P x P items purchased with your Points are final sale and cannot be returned or exchanged unless your product is defective and you are legally entitled to a refund. Please see our returns policy for details.

6. ACCURACY OF INFORMATION

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

7. THIRD PARTY LINKS

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

Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use, privacy policies, or any other terms and conditions on those sites prior to using them.

8. UNAUTHORIZED USE OF COMPUTER SYSTEM

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Platform or the Platform or through Voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Platform. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

9. ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Platform.

10. USER GENERATED CONTENT – INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Platform post to the Platform or transmit using the Platform (“User Generated Content”) do not represent the views of adidas or any individual associated with adidas, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, adidas endorsement of User Generated Content. adidas does not vouch for the accuracy or credibility of any User Generated Content on our Platform and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Platform. Through your use of the Platform and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Platform, you assume all associated risks.

11. USER GENERATED CONTENT – YOUR LICENSE TO US

User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Platform, you grant adidas a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived by you.

12. UNSOLICITED IDEAS

adidas maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to adidas business (including without limitation, footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to adidas. You should therefore not post any Materials on the Platform or send these to adidas by e-mail or otherwise.

13. FEES

For all charges for any products and services sold on the Platform, adidas will bill your credit card or alternative payment method offered by adidas, as applicable. In the event legal action is necessary to collect on balances due, you agree to reimburse adidas for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform.

14. ACCESS AND INTERFERENCE / NO “BOT” USE

You agree that you will not without the prior written permission of adidas, use any computer code, data mining software, “robot”, “bot”, “spider”, “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process to: (i) monitor or copy any of the Software, web pages, data or Content found on this Platform or accessed through this Platform; (ii) gain access to or participate in any promotion, contest or sale; or (iii) place orders for or purchase any adidas product(s). You agree that you will not engage in the mass downloading of files from this Platform; use the computer processing power of this Platform for purposes other than those permitted; or flood this Platform with electronic traffic designed to slow or stop its operation. You agree that you will not establish links to or from other websites to this Platform without the prior written consent of adidas. adidas reserves the right, in its sole and absolute discretion, to cancel orders placed by and/or block you or other users of the Platform who engage in any activity which adidas believes is not in accordance with these Terms.

15. FORCE MAJEURE

Neither adidas nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

16. PRIVACY

Your use of our Platform and Services is subject to our Privacy Policy and Cookie Statement. Please read our Privacy Policy and Cookie Statement linked here.

17. LIMITATION OF LIABILITY

Your use of the Platform is at your own risk. You agree that our sole obligation to you is to provide the Platform “as is.” Except as prohibited by applicable law, neither adidas nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Platform shall be liable to you or to any third party for your use of, or the inability to use, the Platform and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Platform.

Except as prohibited by applicable law, in no event will adidas or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Platform, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Platform, any Platforms linked to this Platform, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

In the event of any problem with this Platform or any Content, you agree that your sole remedy is to cease using this Platform. In the event of any problem with the products or services that you have purchased on or through this Platform, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Platform. In no event shall adidas’ total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Platform. Please note that some jurisdictions may not allow the exclusion of certain damages under mandatory law, so some of the above exclusions and limitations may not apply to you.

18. INDEMNITY

You agree to defend, indemnify and hold adidas and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Platform or the Internet or your purchases or the placement or transmission of any message or information on this Platform by you or your authorized users or your violation of any law or the rights of a third party.

19. RELEASE

In the event that you have a dispute with one or more other users of the Platform, you release adidas (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

20. TERMINATION

You or we may suspend or terminate your account or your use of this Platform at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Platform in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actionsmay cause financial loss or legal liability for you, our users or us.

21. PLATFORM DISPUTES & RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER

“Platform Disputes” include: (a) any claim you may have against adidas in connection with the Platform, (b) any claim adidas may have against you in connection with the Platform, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.

All other disputes are Non-Platform Disputes. Any claim arising from your purchase of an adidas product or service is a Non-Platform Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Platform Dispute.

Neither you nor we will be able to sue in court in connection with a Platform Dispute. All Platform Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance to these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Platform after having the opportunity to review these Terms and Conditions.

You and adidas intend for this to be an agreement for arbitration that can be enforced under the Arbitration Act (Ontario).

You and adidas waive any rights to maintain other available resolution processes for Platform Disputes, such as a court action or administrative proceeding, to settle disputes. You and adidas waive any right to a jury trial for Platform Disputes.

Instead of suing in court, we each agree to settle Platform Disputes only by arbitration. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honour the same limitations stated in the agreement as a court would.

Any Platform Dispute shall be determined by arbitration in Toronto, Ontario before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

To the extent a party commences any action with includes both Platform Disputes and Non-Platform Disputes, consideration of the Non-Platform Disputes shall be stayed until the Platform Disputes are fully arbitrated. Then, any Non-Platform Disputes will be considered by any court of competent jurisdiction.

You agree that you will not file a class action against adidas and its affiliated companies or participate in a class action against adidas and its affiliated companies, in any Platform Dispute. You agree that you will not file or seek a class arbitration or participate in a class arbitration against adidas and its affiliated companies, in any Platform Dispute.

22. GENERAL

Any claim relating to, and the use of, this Platform and the materials contained herein is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Platform or Services, and operation of the Platform may be interfered with by numerous factors outside of our control.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that the Agreement may be automatically assigned by adidas in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 10 (User Generated Content – Your License to Us); 13 (Access and Interference), 16 (Limitation of Liability), 17 (Indemnity), and 18 (Release) shall survive any termination or expiration of this Agreement.

23. COPYRIGHT AND TRADEMARKS NOTICE

All trademarks, service marks, logos and trade names that appear on adidas products, or used herein or on the Platform, whether registered or not (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe Logo (collectively the “Marks”) are trademarks or registered trademarks of the adidas Group, or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without adidas' prior written consent. The use of any of the Marks on any other website or network computer environment, including for example, the storage or reproduction of any part of the Platform in any internal or external intranet or Internet site, or the creation of “hot” links, hypertext, or deep links between the Platform and any other Internet site, is prohibited without the express prior written consent of adidas.