TERMS & CONDITIONS

1. Conditions to access

Welcome on the www.sportsexperts.ca website (the “website”). The website and its contents are the exclusive ownership of FGL Sports Ltd. (“FGL” or “We”), having offices at 4855 Louis B. Mayer, Laval, Quebec, H7P 6C8.

2. Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.

FGL makes all reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

The inclusion of any products or services on this website at a particular time does not imply or warrant that these products or services will be available at any time. Product shown on models in the lifestyle images presented on the website may not be available.

3. Use of products

It is your responsibility to ascertain and obey all applicable local, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any product purchased from this website.

By placing an order, you represent that the products ordered will be used only in a lawful manner. Any videocassettes, DVDs and similar products sold are solely for private, non-commercial, home use (where no admission fee is charged), and non-public performance and may not be duplicated.

4. Accuracy of Information

We strive to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. In addition, errors are possible and FGL will endeavour so that these errors be identified, brought to your attention and corrected in the best delays, by a notice on this website or in store. We make no representation as to the completeness, accuracy or contemporaneousness of any information on this website. For example, products included on this website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this website.

In addition, we reserve the right to 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.

FGL also reserves the right to cancel an order, to terminate it or not to handle it (including an accepted order) if the price of the product or any other important information on the website related to this product is inaccurate or if we identify or suspect an anomaly or an irregularity, of any nature whatsoever, in relation to the order you passed or the payment mode you chose. In such a case, we will inform you that the order has been cancelled and will reimburse to you any amount already paid. FGL reserves the right to denounce or pursue legal remedies against any person placing or attempting to place an order in an illegitimate or fraudulent manner, including by using a third party’s identity.

5. Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this website. All purchases from this website are made followed by a shipping agreement, for which you give us a mandate to enter on your behalf with a carrier.

6. Use of this website

The design of this website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are protected by applicable laws governing copyrights and trademarks and may not be used except as permitted in these Terms and Conditions of Use or with prior written permission of the owner of such material. The software, content and other technology components of this website are proprietary to FGL, or its affiliates and suppliers.

All rights reserved. FGL also owns a copyright in this website as a compilation. You may not modify the information or materials displayed on or that can be downloaded from this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

7. Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks belonging to FGL or its affiliates. Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks belonging respective owners who authorized FGL to use them on this website.

Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of FGL, its affiliates, suppliers, or such other owner.

8. Linking to this website

Creating or maintaining any link from another website to any page on this website without FGL’s prior written authorization is prohibited. Running or displaying this website or any information or material displayed on this website in frames or through similar means on another website without FGL’s prior written authorization is prohibited. Any authorized links to this website must comply will all applicable laws, rules and regulations.

9. User Generated Content

FGL may, from time to time, select content created and publicly posted by you (the "Contributor") on a third-party social media platform ("User Generated Content") that is relevant to and in conformity with FGL brand vision and brand principles. FGL has chosen this User Generated Content for the purpose promoting its Sports Experts®/Atmosphere.

The Contributor should review the Terms and Conditions each time the Contributor grants permission or authorization to FGL to use the Contributor's User Generated Content.

Consent

When User Generated Content is selected by FGL, the Contributor will be contacted via the social media platform on which the User Generated Content appears. FGL will ask the Contributor for his/her consent to use the specified User Generated Content in accordance with these Terms and Conditions. The Contributor will be asked to reply with "I Agree" to grant his/her consent. A direct response by Contributor within the same message thread using the language specified will be deemed to constitute valid consent. If no response is received from the Contributor, the specified User Generated Content will not be used by FGL.

By replying "i agree", the contributor is entering into an agreement with FGL and agrees to be bound by these terms and conditions, without limitation or qualification. the consent given by contributor shall only be valid for the user generated content specified by FGL.

License

By providing consent, the Contributor hereby grants to FGL, the perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display the User Generated Content and the Contributor's name, voice, picture, portrait and likeness as it appears in or in connection with the User Generated Content and to incorporate such User Generated Content in other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes, including but not limited to the advertising, marketing and promotion of FGL and its products and services.

Notwithstanding the above, FGL will have no obligation to make any use of any of the rights granted by the Contributor. FGL's use of the User Generated Content or the Contributor's name and/or likeness does not imply any endorsement of or any affiliation with the Contributor.

The Contributor acknowledges he/she is not entitled to any compensation for use of the User Generated Content by FGL.

Representations and Warranties

By granting the license, the Contributor represents and warrants that:

• He/she is 18 years of age or older;
• He/she has the full right, power and authority to grant the rights described in these Terms and Conditions;
• The User Generated Content was created by the Contributor or the Contributor owns or controls all rights in such User Generated Content, such that the Contributor has all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights described herein, including permission from all person(s) appearing in the Contributor's User Generated Content;
• The exercise by FGL of its rights under these Terms and Conditions will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy, copyright, trademark and trade laws;
• The User Generated Content does not contain any worms, viruses or other code deemed harmful to FGL or FGL's users;
• The User Generated Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

Indemnity, Waiver and Release

The Contributor agrees to indemnify, defend and hold harmless FGL, its directors, officers, employees, contractors, representatives, partners, affiliates and related companies from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of Contributors breach of the User Generated Content section of these Terms and Conditions.

The Contributor hereby waives any and all claims to which the Contributor may become entitled for any reason whatsoever and does hereby release, remise and forever discharge FGL, its directors, officers, employees, contractors, representatives, partners, affiliates and related companies of and from any and all actions, causes of action, suits, debts, dues, sums of money, costs, claims and demands whatsoever, whether at law or in equity, which FGL, its directors, officers, employees, contractors, representatives, partners, affiliates and related companies hereafter can, may or shall have, by reason of FGL use of the User Generated Content.

The Contributor irrevocably and unconditionally waives (and agrees not to enforce) all rights in the User Generated Content, including without limitation any moral rights or equivalent rights which the Contributor may otherwise have under any laws now existing or which become law in the future in any part of the world. If requested, the Contributor will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights the Contributor has granted to FGL under these Terms and Conditions.

10. Customers Ratings and Reviews

These Terms of Use govern your conduct associated with the Customer Ratings and Reviews service offered by FGL in connection with the website (the "CRR Service"). To the extent of any conflict between FGL’s Privacy Policy and the content of this Section of these Terms and Conditions, the latter shall prevail with respect to the CRR Service.

By submitting any content to FGL in connection with the CRR Service, you represent that:

• You are the sole author and owner of the intellectual property rights in the content;
• All "moral rights" that you may have in such content have been voluntarily waived by you;
• All content that you post is accurate;
• You are at least 18 years old;
• Use of the content you supply does not violate these Terms of Use of this Section of these Terms and Conditions and will not cause injury to any person or entity.

You further agree and guarantee that you may not submit any content:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
• That is, or may reasonably be considered to be libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful;
• For which you were compensated or granted any consideration by any unapproved third party;
• That includes any information that references other websites, email addresses, contact information, addresses or phone numbers;
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify, defend and hold harmless FGL, its directors, officers, employees, contractors, representatives, partners, affiliates and related companies and third-party service providers (including but not limited to Bazaarvoice Inc.) from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your violation of one or more of the provisions contained in this Section of these Terms and Conditions.

For any content that you submit, you grant FGL a perpetual, non-exclusive, irrevocable, sublicensable, worldwide, royalty-free right and license to exhibit, distribute, reproduce, use, modify, adapt, publish, translate, transmit, disclose, publicly perform and publicly display and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at FGL sole discretion. FGL reserves the right to change, condense, withhold publication, remove or delete any content on the website that FGL deems, in its sole discretion, to violate the Terms of Use contained in this Section of these Terms and Conditions. FGL does not guarantee that you will have any recourse through FGL to edit or delete any content you have submitted. Ratings and comments are generally posted within two to four business days. However, FGL reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not FGL, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of FGL, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

11. Third Party Links

From time to time, this website may contain hyperlinks to websites that are not owned, operated or controlled by FGL or their respective affiliates. All such hyperlinks are provided solely as a convenience to you and as informative references only. If you use these hyperlinks, you will leave this website.

Neither FGL, nor any of our respective affiliates, are responsible for any content, materials or other information located on or accessible from any other website. Neither we, nor any of our respective affiliates, endorse, guarantee, or make any representations regarding the safety of any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites.

If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.

12. Inappropriate Material

You are prohibited from posting or transmitting 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.

In addition to any remedies that we may have at law or in equity, if 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 website. 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.

13. User Information and User Communications

Other than personally identifiable information, which is subject to this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, product reviews or other communication you transmit or post to this website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary.

We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.

We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

14. Account Name and Password

You are required to have an account name and password for certain activities on this website. We may cancel or suspend at any time your account name and password at our discretion without notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using the account name and password to access and use this website. We may at any time require proof of the identity of any person seeking to access and use this website, and may deny access if we are not are not satisfied with such proof.

You are fully responsible and liable for the security of your account name and password and any/all use and misuse. You agree to notify us immediately of any unauthorized use of your account. FGL does not assume any responsibility, or will be liable, for any damages arising from or related to a non-authorized use of your account or your failure to keep your password secure.

15. Contests

All contests are governed by the present Terms and Conditions, the applicable Contest Rules as well as applicable legislation. By participating in a contest through this website, you signify your agreement and acceptance of the present Terms and Conditions, the applicable Contest Rules as well as applicable legislation.

16. Disclaimers

As a user of this website, you are aware that its use may cause certain risks of contraction of computer virus by your computer or its peripheral devices. FGL does not bear any liability of any nature whasoever and in any way whatsoever for any virus, damage or loss resulting of the existence or any such contraction of a computer virus. your use of this website is at your risk.

Neither FGL nor any of its affiliates assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website.

In no event will FGL or any of it’s respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, 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, for any reason whatsoever, including an act of god, or the results of use of this website, any websites linked to this website, or the materials, information or services contained on any or all such websites. in the event of any problem with this website or any content, you agree that your sole remedy is to cease using this website.

The information, materials and services provided on or through this website may be out of date, and neither FGL nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services.

17. Warranties

To the fullest extent permissible by applicable legislation, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the generality of the foregoing, FGL hereby expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

To the exception of (a) the warranties granted by the manufacturers of the products offered for sale on this website and their terms and conditions, and (b) the warranties stated by law, FGL does not make any representation of any nature whatsoever, expressly or implicitly, in relation to a particular use for which a product could be used.

18. Indemnification

You agree to defend, indemnify and forever hold FGL, its directors, officers, employees, contractors, partners, affiliates and related companies harmless from any claims, suits, demands, liabilities, costs and expenses, including reasonable legal fees on a solicitor and client basis, related to or arising out of any violation of these Terms and Conditions by you, or in connection with your use of the Content or the website, or with the transmission of any message or information by you to FGL.

19. Revisions to these Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this website. Your continued use of this website following either form of notice will signify your acceptance of the revised terms of the present Terms and Conditions.

20. Applicable Law

The present Terms and Conditions, your use of this website, and all related matters are governed solely by the laws of Province of Quebec, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

21. Termination

You or we may suspend or terminate your account or your use of this website 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 reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.