Your
use of our website and all content and
services available thereon are offered
to you on your acceptance of these Terms
of Use, our Privacy Policy and other
notices posted on this website. Your
use of this website, or of any content
or services presented in any area of
this website, indicates your acknowledgment
and agreement to these Terms of Use,
our Privacy
Policy and other notices
posted on this website. We suggest you
print a copy of each of these documents
for your records. We shall have the
right, at our sole discretion, to modify,
add or remove any terms or conditions
of these Terms of Use without notice
or liability to you. Any changes to
these Terms of Use shall be effective
and binding on you immediately following
the posting of such changes on our,
website. You agree to review these Terms
of Use from time to time. These Terms
of Use were last modified on August
16, 2006. Disclaimer
Use of our website is provided to
you solely for your own personal use
and not for purposes of resale, distribution,
public display or performance or other
similar uses by you. Unless otherwise
indicated on our website, you may
display, download, reformat and print
a single copy of any information on
our website for such personal use.
Access to and the right to use our
website may be subject to local laws
and regulations. You agree to comply
with all applicable laws and regulations
relevant to your use of our website.
We
have made commercial best efforts
to obtain the most accurate and timely
information available, including information
concerning pricing, promotions and
menu items, all of which is complex
and subject to change. Accordingly,
we do not guarantee the accuracy,
reliability or completeness of any
of the information contained on, downloaded
or accessed from this website.
The
performance of our website and all
content or services accessed from
or available thereon are provided
to you on an "as is" basis,
without representations, warranties
or conditions of any kind (to the
fullest extent permissible under applicable
law), including any implied warranties
or conditions, or warranties or conditions
of merchantability, fitness for a
particular purpose or non-infringement
of the rights of third parties. We
make no representation or warranty
to you, whether expressed or implied,
that our website and any content or
services accessed from or available
thereon will be uninterrupted, error
free or corrected in the event of
discovery of any errors, free of viruses
or other harmful components, nor for
any breach of security or any damage
to your computer system or loss of
data that may result from accessing,
downloading, or using any materials
from our website.
We
reserve the right, at our sole discretion,
to modify, disable access to or discontinue,
temporarily or permanently, any part
or all of our website or any content
contained thereon, without liability
or notice to you.
As
a visitor to our website, you acknowledge
and agree that any reliance by you
on any information available on this
website shall be at your own risk.
In no event shall we be liable for
any direct, indirect, consequential,
special or exemplary damages arising
from the use or the performance of
this website, even if we have been
advised of the possibility of such
damages.
Confidentiality
and Transmissions over the Internet
The transmission of data or information
(including communications by e-mail)
over the Internet or other publicly
accessible networks is not secure,
and is subject to possible loss, interception
or alteration while in transit. Accordingly,
we do not assume any liability for
any damage you may experience or costs
you may incur as a result of any transmissions
over the Internet or other publicly
accessible networks, including the
exchange of e-mail with us (including
those which may contain your personal
information). While we shall take
commercially reasonable efforts to
safeguard the privacy of any personal
information you provide us and treat
such information in accordance with
our Privacy Policy, in no event will
the information you provide to us
be deemed to be confidential, create
any fiduciary obligations to you on
our part, or result in any liability
to you on our part in the event that
such information is inadvertently
released by us or accessed by third
parties without our consent.
Indemnification
by User
You agree to indemnify, defend and
hold us and our affiliates, business
partners, officers, directors, employees
and agents harmless from any loss,
liability, claim, demand, damage,
or expense (including reasonable legal
fees) asserted by any third party
relating in any way to your use of
this website or breach of these Terms
of Use. We reserve the right to assume
the exclusive defense and control
of any matter subject to indemnification
by you, which shall not excuse your
indemnity obligations.
Third
Party Websites, Content and Products
and Services
Links or pointers to other websites
and references to products and services
offered by third parties are provided
to you for convenience only and do
not constitute an endorsement or approval
by us of the organizations that operate
such websites, the content on such
websites, or of such third party products
and services. As we have no control
or responsibility over websites or
content maintained by other organizations,
or for products and services offered
by third parties, we do not assume
any liability for your use of any
of the foregoing, which use you acknowledge
and agree shall be at your own risk.
Proprietary
Rights
Got My Kids, Got My Kids Inc.. logo
and other identifying marks of Got
My Kids Inc. are and shall remain
the trade-marks and trade names and
exclusive property of Got My Kids
Inc., and any unauthorized use of
these marks is unlawful. Other trade-marks
on this website are the property of
their respective owners. All content
on this website is the copyrighted
property of Got My Kids Inc. (or,
in certain cases, other users of this
website or third party content providers)
and is protected by international
copyright law. Information on this
website may be used by you only for
your personal use as provided for
in these Terms of Use, but may not
be taken out of context or presented
in a misleading or discriminatory
manner. Any rights not expressly granted
to you are reserved by us.
General
If any provision of these Terms of
Use is held invalid or unenforceable
in any respect by any court having
competent jurisdiction, such provision
shall be enforced to the maximum extent
permitted by law, and the remaining
provisions of these Terms of Use shall
continue in full force and effect.
No waiver of any provision of these
Terms of Use shall be deemed a further
or continuing waiver of such provision
or any other provision of these Terms
of Use.
These
Terms of Use shall be governed by
and construed in accordance with the
laws of the Province of Ontario and
the laws of Canada applicable therein,
without regard to conflict of laws
provisions thereofto. The parties
consent to the jurisdiction of the
courts of, and venue and sites in,
Toronto, Ontario.
It
is the express wish of the parties
that these Terms of Use, the Privacy
Policy and other notices on this website
have been drawn up in English. C'est
la volenté expresse des parties
que la présente convention
ainsi que tous les documents légales
qui s'y rattachent soient rédigés
en anglais.
With
the exception of a breach by you of
intellectual property rights, in the
event of any dispute, the parties
shall, at the shared expense of both
parties, use their best efforts to
mediate the dispute by an independent
mediator appointed by Got My Kids
Inc., with such mediation to be held
in the City of Toronto, in the Province
of Ontario. In the event that the
aforementioned mediation is unsuccessful,
the parties agree that the dispute
shall be resolved by a single arbitrator
pursuant to the Arbitrations Act (Ontario),
with the arbitration to be held in
the City of Toronto and the law applicable
thereto shall be the law of the Province
of Ontario. The arbitrator appointed
pursuant to the Arbitrations Act (Ontario)
shall be entitled to award costs of
the hearing in addition to the resolution
of the claim, and the decision of
any such arbitrator shall be final
and binding and not subject to appeal.
These
Terms of Use are binding upon you,
your heirs, executors, beneficiaries,
successors and assigns and you may
not assign this Agreement to any other
party without our prior written consent,
which consent may be withheld in our
sole discretion. We may assign this
Agreement to any affiliate or successor
company of Got My Kids Inc. without
notice thereof to you.
Contact
If you have any questions, comments
or concerns about our website or these
Terms of Use, please contact our Got
My Kids Web Administrator
by email at feedback@gotmykids.com
or by regular mail at:
Got
My Kids Inc.
#12 - 35 West Pearce Street
Richmond Hill, Ontario
Canada, L4B 3A9
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