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Terms of Use

Date Last Revised: 26 November 2013

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet-based website, www.UGotActiveKids.com, owned and operated by UGot, Inc., an Ontario, Canada, corporation. By accessing and using the various features of UGotActiveKids.com you agree to be bound by the terms and conditions of this Agreement and its Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

By using the information, tools, software, features and functionality including content, updates and new releases located on UGotActiveKids (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor”, which means that you simply browse the UGotActiveKids website, or you are a “User” which means that you are registered to utilize the Services’ private-area website features. The term “you” or “User” refers to a Visitor or a User. The term “we” refers to UGot, Inc.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

For information about UGot, Inc.’s data protection practices, please read UGotActiveKids Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how UGot, Inc. and/or its Partners treat its databases and your information when you access UGotActiveKids and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

The Service is an informational website for clients, prospective clients, instructors, prospective instructors, parents of children enrolled in UGot programs, and UGot Inc. partners or prospective partners. In addition, the website’s private areas allow UGot contractors and employees to communicate with each other, post messages, comments, videos or questions in non-public fora.

In connection with the UGotActiveKids website, links may be provided to other websites, articles or educational sources belonging third parties. UGot, Inc. does not endorse, warrant or guarantee the accuracy of information or services available through the UGotActiveKids links.  UGot, Inc. is not an agent or broker or otherwise responsible for the information, activities or policies of those websites.

By soliciting information from us using your e-mail address, you agree to receive a return response, and provide permission to us to communicate with you in the future.  Your email may be held in UGot Inc.’s database for future use.

Your access and use of UGotActiveKids may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of UGotActiveKids or other actions that UGot, Inc., in its sole discretion, may elect to take.

From time to time, UGot, Inc. may include new and/or updated pre-release features and trial use in the Service for your use and which may permit you to provide feedback. You agree that UGot, Inc. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant UGot, Inc. a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to UGot, Inc. in any way. UGot, Inc. will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

UGot, Inc. Intellectual Property

The contents of UGotActiveKids , including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, videos, interviews, editorial content, notices, software (including html-based computer programs) and other material are protected under United States, Canadian and other applicable copyright, trademark and other laws. The contents of UGotActiveKids belong or are licensed to UGot, Inc. or its software or content suppliers and Partners. UGot, Inc. grants you the right to view and use UGotActiveKids subject to these terms. You may download or print a copy of information provided on UGotActiveKids for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from UGotActiveKids in whole or in part for any other purpose is expressly prohibited without our prior written consent.

You agree that you will not:
  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor UGotActiveKids or any portion of the website without UGot, Inc.’s express written consent, which may be withheld in UGot, Inc.’s sole discretion
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search UGotActiveKids, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer)
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of UGotActiveKids or the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of UGotActiveKids or the Service

You are responsible for all content you submit to UGot, Inc. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with UGotActiveKids and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through UGotActiveKids , and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of UGotActiveKids and under this Agreement.

You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.

You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of UGotActiveKids, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.

You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.

UGot, Inc. may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH UGOTACTIVEKIDSOR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. UGOT, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF UGOTACTIVEKIDSOR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

UGOT, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON UGOTACTIVEKIDSOR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. UGOT, INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

UGOT, INC. SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO UGOT, INC. PEER STANDING SURVEY, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF UGOT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UGOT, INC.’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

You shall defend, indemnify and hold harmless UGot, Inc. and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

This Agreement, and your relationship with UGot, Inc. under this Agreement, shall be governed by the laws of the Province of ONTARIO, without regard to its conflict or choice of laws provisions. Any dispute with UGot, Inc., or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through Ontario courts. You understand that, in return for agreement to this provision, UGot, Inc. is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with UGot, Inc., its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if UGot, Inc. does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which UGot, Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of UGot, Inc.’s rights and that those rights or remedies will still be available to UGot, Inc.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and UGot, Inc. regarding the subject matter of the same, and supersedes all other previous agreements.