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Terms of Using W5Go™

TERMS OF USE

The www.w5go.com website and related apps (the “Site”) is developed and maintained by Ecocarrier Inc. (“W5GO or “We”) and is created as an educational platform for children.

Illegal duplication, alteration, reselling, redistribution, or use in any separate project of any graphic, sound, video clips, or any other content found on the Site is strictly prohibited.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Your access to, and use of, the Site is subject to the following Terms of Use (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use. We will have the right at any time to modify or add to these Terms of Use, effective immediately upon notice thereof, which may be given by any means, including but not limited to posting on the Site a revised version of these Terms of Use. If any such change is unacceptable to you, you may discontinue your use of the Site. You agree to periodically review the Terms of Use to be aware of such revisions.

It is up to the user to fully understand the risks of using the Internet and to be sufficiently aware of those risks to adequately protect your confidential information.

SAFETY FOR PARENTS AND KIDS

The Internet can be a great place for kids to learn about topics that are of interest to them. However, there are areas on the Internet that are not appropriate for children. The most important thing is to be aware of what your children are doing online. Many Internet service providers (ISPs) provide parent-control options to block certain material from coming into a computer. You can also get software that helps block access to certain sites based on a "bad site" list that your ISP creates. Filtering programs can block sites from coming in and restrict personal information from being sent online. Other programs can monitor and track online activity.

Parents should be aware that We are not responsible for any content from third party websites (i.e., websites that we don’t have control over). See section on Third Party Sites, below.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some of our administrative personnel may, in the course of their regular duties, have access to communications for technical or operational purposes. We may also disclose any communications to the extent permitted or required by law.

If you are a parent or guardian of 18 years of age or above and provide your consent to your child’s registration with the Site, you are agreeing to be bound by these Terms of Use in respect of your child’s use of the Site. Please also read our Privacy Policy posted in www.w5go.com for details on the measures we take in relation to your child’s personal information and how we request your consent.

We make the Site available for users of all ages. However, users under the age of majority consent in their province or territory of residence (“Minors”) must take certain steps before they can access the Site.

During the process of creating a www.w5go.com account, you will be asked to choose a username and to create a password in order for you to access the Site. We have put in place a number of procedures for children to access and use the Site safely.

During the process of creating an account, you will be asked for your email address and to create a password and user name. Children should choose a user name that protects their real identity. Your www.w5go.com account(s) are for your personal use only. Please do not share your account details with any other person, as you will be held responsible for all activities that occur under your password or account(s) with or without your knowledge. By creating any type of account on www.w5go.com, you confirm that you will treat your login details as confidential.

The safety and privacy of Minors is important to us. If you are a parent or guardian, please read these Terms of Use carefully together with our Privacy Policy posted in www.w5go.com for details on the measures we take in relation to your child’s personal information.

If you are a Minor, you must check with a parent or guardian before you register that they give you permission to use the Site and you should review these Terms of Use with them to make sure that you and your parent or guardian understand them. Your parent or guardian must give you permission in order to access and use the Site. Your parent or guardian may revoke their consent for you to use the Site at any time.

We will remove access to your www.w5go.com account if your parent has expressly refused or revoked their consent for you to use the Site. If we do so then you may not continue to use your account, create another www.w5go.com account or access or use the Site by any other means unless your parent or guardian provides their consent again or until you are no longer a Minor. We may withdraw or terminate your access to the Site for any other reason at our sole discretion.

RESTRICTIONS ON USE OF SITE AND MATERIALS

In connection with the use of the Site, you shall abide by all applicable federal, provincial, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.

The Site contains material which is protected, nationally and internationally, by copyright and trademark laws. No material from the Site and no software (“Materials”) may be copied, reproduced, republished, uploaded, downloaded, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of only such Materials which is expressly so designated, and in such event, only on any single computer for your personal, non-commercial home use only, provided you keep intact any and all copyright and other proprietary notices. If you download software from the Site, the software, including any files and/or images incorporated in or generated by the software, is licensed to you by us. We do not transfer title to the software to you. You own the medium on which the software is recorded, but we retain full and complete title to the software and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer or disassemble the software.

You shall not post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). We have no obligation to detect the presence of any Rogue Programming. Any downloading of software or other Materials or any other use of the Site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

JURISDICTIONAL ISSUES

We control and operate the Site from our offices within the Province of Ontario, Canada. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Software from the Site is further subject to Canadian export controls.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all copies and installations thereof. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site or with any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. We do not warrant that the functions contained in the Materials will be uninterrupted or error-free or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability or otherwise. Certain of the disclaimers herein may be superseded by applicable local law.

We have the right at any time to change or discontinue any aspect or feature of the Site, including without limitation, content, availability, equipment required for access or use, or the application of subscription fees.

We do not warrant or make any representations of any kind or nature with respect to the Materials. You are responsible for compliance with local laws, to the extent such laws are applicable.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

RELEASE AND INDEMNITY

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST US AND ALL OF OUR AFFILIATES, EMPLOYEES, DIRECTORS AND SHAREHOLDERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, W5GO AND ALL OF OUR AFFILIATES, EMPLOYEES, DIRECTORS AND SHAREHOLDERS FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Applicable law may not allow the limitation or exclusion of liability or incidental or exclusion of liability or incidental or consequential damages and so the above limitation or exclusion may not apply to you. In no event shall our total liability to you if any for all damages, losses, and causes of action or otherwise exceed the amount paid by you, if any, for accessing the Site.

THIRD PARTY SITES

We may provide links to Internet website maintained by others (“third party sites”). We have not reviewed all of the third party sites that may be linked to the Site and are not responsible for the content of or any products or services offered in such third party sites.

MISCELLANEOUS

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, together with the Privacy Policy posted in www.w5go.com, constitute the entire agreement between the parties relating to the subject matter herein.