Terms of use

WeMüv – User Agreement

The Effective Date of this Agreement is April 1, 2009.

Introduction

This User Agreement (the “User Agreement”) is a contract between you and WeMüv and applies to all users of our online services and website (collectively, the “Website”). In this User Agreement “you” or “your” mean any person or entity using this Website, provided that if such person is under 18 years of age, or is under the age of majority in the jurisdiction where he/she resides, whichever is older (the “Age of Majority”), then those terms also include such person’s parent or legal guardian. Unless otherwise stated, “WeMüv”, “we” or “our” refers to WeMüv Inc. and its partners and affiliates, as well as their successors and assigns.

This User Agreement describes the terms and conditions applicable to your use of our services, platform usage and game play.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF MAJORITY (AS DEFINED HEREIN) IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS USER AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

Amendments

We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website and ask for your agreement to it at that time. If you do not agree to the amended User Agreement, you may not continue to access or use the Website.

All amended terms shall become effective immediately after they are initially posted on our site, unless we expressly provide otherwise.

Links to Other Websites

While we may provide links to this Website and other websites owned and/or operated by WeMüv or unaffiliated third parties, these sites are not part of this Website, and each has a different user agreement. In addition, to the extent such linked websites are not owned or operated by affiliates of WeMüv, these sites also have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links. WeMüv is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by WeMüv of the website linked to. WE ASSUME NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE WHICH MAY BE ACCESSED THROUGH SUCH LINKS. Unless otherwise expressly indicated by us, we are not sponsored by or affiliated with the linked website and we do not control the information and materials accessed from such third party websites. Furthermore, the trademarks used in connection with such third party websites are not trademarks of WeMüv.

Fees and Services

Subject to the terms and conditions in this User Agreement, you may browse the Public Materials available on the Website free of charge. Joining WeMüv as a registered member in order to take advantage of Member Materials may be subject to certain fees. These fees will be explained to you at the time of purchase, and you will be given an opportunity to accept or reject the charges at that time.

Note that we may change our billing policies and the fees we charge for our services from time to time. Any such change that results in an increase to our billing fees and policies shall be effective after we provide you with at least thirty (30) days' notice of the changes, either by a message sent to the e-mail address of the account holder or by posting the changes on our Website. However, we may choose to temporarily reduce our billing fees and policies and the fees for our services for promotional events without notice to you. We may also choose to provide promotional discounts to certain customers to address specific customer problems or complaints.

Registration and Your Account

When you register at this Website, you will be asked to make up a username and password (collectively, your “Account”) and identify your pedometer’s encryption code in order to access the Member Materials. When choosing your username, DO NOT use any personal information (for example, your first name or surname) that can identify who you are.

After you provide us with your username, password and your pedometer’s code, we will also collect answers to certain questions about you that will help us identify you in case you forget your password in the future. When you answer these questions, we collect your first and last names, your country of residence, your age, your email address and; if you live in the United States or Canada, we also collect your state or province of residence.

Security of Your Account

IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE.

We will use your username and password and encryption code to identify you when you return to our Website. If you forget your username or password, you may not be able to access the Member Materials or use any of our services.

You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to:

  1. Immediately notify WeMüv of any unauthorized use of your Account or any other breach of security; and
  2. Ensure that you exit from your Account at the end of each session.

We will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers, or the servers of third parties that we use, are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in disclosure of your personal information.

Registration Period

Your Account on this Website is valid for the duration of the membership you purchase from us, including any renewal thereof, unless terminated earlier in accordance with this User Agreement. Whichever membership period is most current shall be referred to as the “Registration Period”.

User Accounts, usernames and passwords are not transferable, even between your own Accounts, and have no retail value and are not redeemable for cash.

Suspension or Termination of Account

WeMüv reserves the right to suspend any Account that has been inactive for six (6) months or more. If your Account has been suspended for inactivity, you may reactivate it as long as your Registration Period has not expired. Reactivation may take up to 24 hours to complete.

In addition, we may terminate or suspend your Account and/or access to all or part of this Website and/or any products or services available through this Website in the event that:

  1. We determine after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of WeMüv or other third parties; or
  2. We determine to cease our operations and/or our provision of any applicable products or services in connection with this Website.

Communications

The parties who are resident in Canada have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language.

Les parties aux présentes qui sont résidents au Canada ont exigé que ce contrat d'utilisation ainsi que tous les communications et documents s'y rattachant soient exprimés dans la langue anglaise.

You further acknowledge and agree that all communications and documents between you and WeMüv with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from WeMüv shall be the legal equivalent of written communications.

Ownership of Intellectual Property and Restrictions on its Use

All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, Public Materials, Member Materials, feature codes and access codes together with all digital images activated by such codes, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “WeMüv Materials”) are the property of WeMüv, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns, and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any WeMüv Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use this Website, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the WeMüv Materials in their entirety, including but not limited to the visual elements that adjoin content. Any attempts to access the WeMüv Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Website only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the WeMüv Materials in a manner that suggests an association with any of our products. You may not make any modifications to any WeMüv Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not:

  1. Download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use;
  2. Download or copy Website information for the commercial benefit of you or a third party;
  3. Make any resale or commercial use of this Website or the WeMüv Materials;
  4. Publish any collection or compilation of any product listings, descriptions, or prices;
  5. Create any derivative work of this Website or its contents;
  6. Use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon;
  7. Frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of WeMüv or its licensors; or
  8. Use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of WeMüv or its licensors.

If you download, access or use software from this Website, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you for your personal, non-commercial home use pursuant to a personal, non-exclusive, non-assignable, non-transferable license. WeMüv keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

WeMüv has the right to vary, modify, change or discontinue:

  1. Any feature or function offered on this Website;
  2. Any part or all of this Website, including hours of availability; and
  3. To restrict access to parts or all of this Website from time to time with or without notice to you.

WeMüv may make available and upgrade this Website on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website. In order to obtain and access parts of this Website, including upgrades, you may be required, at your own cost, to install specific software on your computer.

User Content

Certain areas of this Website will permit you to send to WeMüv materials, information and other submissions. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, room designs, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the "User Content"), submitted by you to WeMüv or otherwise posted on this Website shall be deemed to be, and shall remain, the property of WeMüv You shall be deemed to have irrevocably assigned in perpetuity to WeMüv free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, WeMüv shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to WeMüv a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. None of the User Content shall be subject to any obligation of confidence on the part of WeMüv, and no fiduciary relationship is intended to be or shall be created between you and WeMüv WeMüv shall not be liable for any use, non-use or disclosure of all or part of the User Content. Without limiting any of the foregoing, WeMüv may, but is not obligated to, use and publish the User Content on the Website or elsewhere for purposes that include, without limitation, contest announcements, new or enhanced products or services, marketing and public relations.

You are responsible for all User Content posted by you. WE HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. WeMüv does not and cannot review every submission by users and is not responsible for, nor does it endorse the content of such submissions. Without prejudice to any of our rights under the User Agreement, we retain the right, but disclaim any obligation or responsibility, to:

  1. Refuse to post, communicate or remove any User Content from the Website that violates this User Agreement; and
  2. To the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any User Content or personally identifiable information, when we believe in good faith that such identification or disclosure will either:
    1. Facilitate compliance with laws, including, for example, compliance with a court order or subpoena; or
    2. Help to enforce this User Agreement and/or game rules, and/or protect the security of any person or property, including the Website.

Moreover, we retain all rights to remove User Content at any time, for any reason, or for no reason whatsoever.

User Code of Conduct

The Website is provided by WeMüv and is intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website. Users of this Website must not:

  1. Use this Website in such a way as to offend or interfere with the use by anyone else of this Website;
  2. Sell, trade or barter any items, characters or points earned through this Website;
  3. Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that:
    1. Are defamatory, libelous or inaccurate;
    2. Are abusive or threatening towards or invade the privacy of any third party;
    3. Are violent, vulgar, racially or otherwise offensive, bigoted, hateful, obscene, pornographic or sexually explicit;
    4. Are harmful or could reasonably be expected to harm any person or entity;
    5. Infringe the intellectual property rights of any third party, including copyrights, patents, trademarks, trade secrets or other proprietary or contractual rights;
    6. Violate any law or regulation;
    7. Encourage or advocate illegal activity;
    8. Are commercial, business-related or advertise or offer to sell any products, services, or otherwise, or that solicit funds or are a solicitation for goods or services; or
    9. Are treated as confidential under any contract or policy.
  4. Reveal personal information to other users online. The best way to stay safe online is to NEVER share your real name, phone number, address, email or passwords with other users;
  5. Attempt to circumvent the security systems of this Website;
  6. Attempt to use this Website in a fraudulent manner, including but not limited to, using cheat codes, exploits or similar measures to gain, or attempt to gain, unearned points, items, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality;
  7. Attempt to gain access to any other user’s Accounts;
  8. Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication;
  9. Attempt to harvest or otherwise collect information about other users without their consent;
  10. Attempt to use this Website for any purposes other than those intended by WeMüv; or
  11. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Spam

The publication of email addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

Disclaimers

THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE WeMüv MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WeMüv DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

WeMüv DOES NOT WARRANT THAT THIS WEBSITE, THE WeMüv MATERIALS, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH WeMüv’S CUSTOMER SERVICE DEPARTMENT OR A WeMüv REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

IN ADDITION, WeMüv DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WeMüv DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE WeMüv MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE AND ANY WeMüv MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THIS WEBSITE. IF YOUR USE OF THIS WEBSITE OR THE WeMüv MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT WeMüv ARE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

Waiver of Liability for Injury Resulting from Physical Activity

BY CLICKING “I ACCEPT” BELOW, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THERE IS AN INHERENT RISK OF PHYSICAL INJURY WHENEVER YOU PARTICIPATE IN ANY PHYSICAL OR RECREATIONAL ACTIVITY. YOU AGREE THAT YOUR PARTICIPATION IN SUCH ACTIVITIES, INCLUDING WITHOUT LIMITATION ANY ACTIVITY INVOLVING OR CONNECTED WITH A PEDOMETER PURCHASED FROM OUR WEBSITE, IS VOLUNTARY, AND TAKES PLACE ON YOUR OWN TIME AND AT YOUR OWN RISK. YOU AGREE THAT WeMüv IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM USE OF THE SERVICES.

THE INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, AND THE SERVICES SUPPLIED VIA OR IN CONNECTION WITH THIS WEBSITE DO NOT CONSTITUTE MEDICAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING APPROPRIATE MEDICAL ADVICE AND DETERMINING THAT YOU ARE FIT AND WELL AND THAT OUR SERVICES ARE SUITABLE FOR YOU. IT IS NOT OUR RESPONSIBILITY TO DO SO.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WeMüv BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE WeMüv MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, INCLUDING ANY PHYSICAL ACTIVITY INVOLVING THE USE OF A PEDOMETER PURCHASED FROM US, EVEN IF WeMüv HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, WeMüv IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE, OR FOR ANY PHYSICAL INJURY RESULTING FROM PHYSICAL ACTIVITY INVOLVING THE USE OF A PEDOMETER.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF WeMüv FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, OR ANY OF THE WeMüv MATERIALS OR FUNCTIONS AT THIS WEBSITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THIS WEBSITE OR (II) CAD$100.00.

NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, WeMüv DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY WeMüv’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF WeMüv

Indemnity

YOU HEREBY AGREE TO INDEMNIFY AND HOLD WeMüv HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES WHICH WeMüv MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY ITEM FROM OUR ONLINE STORE; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH WeMüv IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Jurisdictional Issues and Dispute Resolution

This website is owned and operated by WeMüv Inc., an Ontario corporation, with offices located at:

WeMüv Inc.
P.O. Box 2041
Caledonia, Ontario
Canada
N3W 2N6

If you choose to access and use this Website from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable.

This User Agreement is made in and shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Ontario Superior Court of Justice or, for matters involving intellectual property, the Federal Court of Canada, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English.

This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws. Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this User Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement.

Final Note to Parents

The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the SafeKids.com site and look through the “Kids Rules” section together. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.

General Provisions

This User Agreement and our Privacy Policy contain the entire understanding between you and WeMüv in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written between you and WeMüv with respect to your access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable, then:

  1. Such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law; and
  2. The remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect.

Notwithstanding the foregoing, if any provision of this User Agreement which is held null, void or otherwise ineffective or invalid by an arbitrator or a court of competent jurisdiction cannot be restated by such arbitrator or court to reflect as nearly as possible the original intentions of the Parties, then that provision shall be deemed severable from this User Agreement.

This User Agreement may not be assigned by you.

Get tokens Fidel Courage For Kids PHE Our partners