Kiddie Kampus Inc - Slide 2
User Agreement

This User Agreement ("Agreement" or "User Agreement") is a contract between you and Kiddie Kampus Inc. and applies to your use of the Kiddie Kampus Inc. service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer's hard drive for your reference. For additional information about Kiddie Kampus Inc., please also consult the company website, /. In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "Kiddie Kampus Inc.," "we" or "our" will refer collectively to Kiddie Kampus Inc. service offered by Kiddie Kampus Inc.. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

By clicking "I Agree", "I Accept"; or by submitting payment information through the Service you agree to the terms and conditions of this Agreement, the Kiddie Kampus Inc. Privacy Policy, and any documents incorporated by reference. You further agree that this User Agreement forms a legally binding contract between you and Kiddie Kampus Inc., and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Kiddie Kampus Inc.. This Agreement is subject to change by Kiddie Kampus Inc. without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Kiddie Kampus Inc. website. Descriptions of material amendments to this Agreement will be posted in advance on the Kiddie Kampus Inc. website. You may review the current Agreement prior to initiating a transaction at any time at our User Agreement page. You understand and agree that the Service is provided "AS-IS" and that Kiddie Kampus Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Unless otherwise specified, all references to a "bank" in this Agreement include savings associations and credit unions, and all references to a "credit card" include Visa- and MasterCard-branded debit cards.

This Agreement was last modified on May 16, 2004.

I. User Responsibilities

II. Rights, Obligations and Disclaimers of Kiddie Kampus Inc.

I. User Responsibilities

Eligibility.

You must be at least 13 years of age to register for an account and use the Service. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian.

Children.

Kiddie Kampus Inc. is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services available to all users. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

Registration Information.

You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Kiddie Kampus Inc. has the right to terminate your use of the Service and Kiddie Kampus Inc., its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

International Use.

To be eligible for an account, you must be a resident of Canada or one of the approved countries listed below:

Argentina, Australia, Austria, Belgium, Brazil, China, Costa Rica, Denmark, Dominican Republic, Finland, France, Germany, Greece, Hong Kong, Iceland, India, Ireland, Israel, Italy, Jamaica, Japan, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Portugal, Singapore, South Africa, South Korea, Spain, Sweden, Switzerland, United Kingdom, United States of America

Account and Password.

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify Kiddie Kampus Inc. of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. Kiddie Kampus Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Breach.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you: (1) if you breach this Agreement or the documents it incorporates by reference; (2) if we are unable to verify or authenticate any information you provide to us; or (3) if we believe that your actions may cause legal liability for you, our users or us.

Minimum System Requirements for the Service.

The following are the minimum system requirements for the Service:

(i) Windows System
Microsoft Windows 95/98/NT 4.0/2000/ME/XP
Pentium 2 Processor 300 MHz, or equivalent
32 MB of memory (RAM)
50 MB of free hard drive space
256 colours at 800x600 resolution
Microsoft Internet Explorer 5.0 or higher or Netscape Navigator 6.0 or higher.
Access to the Internet

(ii) Macintosh System
MAC OS 7.6.1 and Open Transport 1.2 installed or higher
Power PC
32 MB of memory (RAM)
50 MB of free hard drive space
256 colours at 800x600 resolution
Microsoft Internet Explorer 5.0 or higher or Netscape Navigator 6.0 or higher.
Access to the Internet

(iii) Linux, Unix or BSD
32 MB of memory (RAM)
Pentium 2 Processor 300 MHz, or equivalent
50 MB of free hard drive space
256 colours at 800x600 resolution
Netscape Navigator 6.0 or higher.
Access to the Internet

Netscape is a trademark of Netscape Communications Corporation.
Microsoft is a trademark of Microsoft Corporation.

Performance Levels.

Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such Kiddie Kampus Inc. does not guarantee the maximum Service performance (throughput speeds) levels but will make every reasonable effort to ensure the highest possible quality of service is always delivered. You understand that any content that you may access through the Service may be subject to "caching" at intermediate locations on the Internet.

Prohibited Transactions.

You will not use the Service, the Kiddie Kampus Inc. website or any of the services offered therein for any unlawful or fraudulent activity. If Kiddie Kampus Inc. has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with Kiddie Kampus Inc. to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Kiddie Kampus Inc. representatives "guest" or "member" access to any password-protected portions of your account.

Electronic Communications.

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Kiddie Kampus Inc. in electronic form. Electronic Communications may be posted on the pages within the Kiddie Kampus Inc. website and/or delivered to your email address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Kiddie Kampus Inc. reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Kiddie Kampus Inc. of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, Kiddie Kampus Inc. will terminate your right to use the Service.

Correct Email.

You agree and warrant that you have access to the Internet and to a current functional personal email address. Although we will take reasonable steps to contact you based on information that you have provided us, Kiddie Kampus Inc. will not be liable for any undelivered email communications or any costs you incur for maintaining Internet access and an email account. You have an AFFIRMATIVE OBGLIGATION to provide Kiddie Kampus Inc. with a correct and operational email address, and to notify Kiddie Kampus Inc. promptly as to any changes or cancellations of any and all email addresses you provide Kiddie Kampus Inc.. Failure to provide Kiddie Kampus Inc. with a current, working, functional, personal email address, and/or failure to update Kiddie Kampus Inc. in a change or cancellation of your email address, or if Kiddie Kampus Inc. has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by Kiddie Kampus Inc. of a non-functional email address from your account; (2) the replacement of a secondary email address as a new permanent email address associated with your account; (3) an alteration to your user preferences regarding Kiddie Kampus Inc. email notifications; and/or (4) attempts by Kiddie Kampus Inc. to reach you personally by phone, fax or postal mail. Kiddie Kampus Inc. reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.

No Spam.

You agree not to use email addresses of Kiddie Kampus Inc. customers to send unsolicited email. The use of spam has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting Kiddie Kampus Inc. Users for any purpose. In addition, you may be subject to provincial and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.

Passwords.

You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. Kiddie Kampus Inc. is not responsible for losses incurred by Users as the result of their misuse of passwords.

Hacking.

If you use, or attempt to use the Service for purposes other than sending and receiving orders and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

Assignability.

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Kiddie Kampus Inc.. Kiddie Kampus Inc. reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

Indemnification.

You agree to indemnify and hold Kiddie Kampus Inc., its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

Choice of Law.

This Agreement is governed by and interpreted under the laws of the province of Ontario, Canada as such laws are applied to agreements entered into and to be performed entirely within Ontario by Ontario residents.

Arbitration.

Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with any and all law governing arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Peel Region, Ontario, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Kiddie Kampus Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Peel Region, Ontario necessary to protect the rights or property of you or Kiddie Kampus Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Access to Service.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Proprietary Rights.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Kiddie Kampus Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Kiddie Kampus Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Kiddie Kampus Inc. for use in accessing the Service.

II. Rights, Obligations and Disclaimers of Kiddie Kampus Inc.

Privacy.

We take the privacy of your personal information very seriously at Kiddie Kampus Inc.. We have developed a separate Privacy Policy, and ask you to review that Policy for more information on this topic.

Content.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Kiddie Kampus Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Kiddie Kampus Inc. does not control the Content posted via the Service by Users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Kiddie Kampus Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Kiddie Kampus Inc. may pre-screen Content, and that Kiddie Kampus Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Kiddie Kampus Inc. and its designees shall have the right to remove any Content that violates this or any other Agreement or Policy or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Kiddie Kampus Inc. or submitted to Kiddie Kampus Inc., including without limitation information in merchant Storefronts, Contact Page, and in all other parts of the Service and websites.

You acknowledge and agree that Kiddie Kampus Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this or any Agreement and Policy; (3) respond to claims that any Content violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Kiddie Kampus Inc., its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices.

Reselling of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding use and Storage.

You acknowledge that Kiddie Kampus Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Kiddie Kampus Inc.'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Kiddie Kampus Inc. has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Kiddie Kampus Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Kiddie Kampus Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modification of Service.

Kiddie Kampus Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Kiddie Kampus Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Links.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kiddie Kampus Inc. has no control over such sites and resources, you acknowledge and agree that Kiddie Kampus Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Kiddie Kampus Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Closing and Restricting Accounts.

Kiddie Kampus Inc., at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.

Kiddie Kampus Inc. will use reasonable efforts to investigate accounts that are subject to a restriction and to reach a final decision on the restriction promptly.

Termination.

Kiddie Kampus Inc., in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

Trademarks.

Kiddie Kampus Inc. and all related logos, products and services described in this website are either trademarks or registered trademarks of Kiddie Kampus Inc., or its licensors, and (aside from the circumstances described in "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Kiddie Kampus Inc.. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Kiddie Kampus Inc. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kiddie Kampus Inc..

Notwithstanding the above, HTML logos provided by Kiddie Kampus Inc. through its Affiliate Program ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Kiddie Kampus Inc. or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by Kiddie Kampus Inc., and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Miscellaneous Disclaimers.

Kiddie Kampus Inc. shall not be responsible for orders made to unintended users or for orders made in incorrect amounts due to the input of incorrect information by a user.

Verification of Users is only an indication of increased likelihood that a User's identity is correct. Kiddie Kampus Inc. shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified. However, Kiddie Kampus Inc.'s Buyer Complaint Program, described below, will seek to assist Users who may be the victims of fraud if they report the problem promptly.

Kiddie Kampus Inc. will not have any liability in connection with any unauthorized interception or use of data relating to you or the Kiddie Kampus Inc. service; any inability by you to use or access the service or the Kiddie Kampus Inc. website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Kiddie Kampus Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.

In no event shall Kiddie Kampus Inc. be liable

(a)for damages caused other than by intentional misconduct or

(b)for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Kiddie Kampus Inc. website, even if Kiddie Kampus Inc. has been advised of the possibility of such damages. In no event shall Kiddie Kampus Inc. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

Security Features.

Kiddie Kampus Inc. strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, Kiddie Kampus Inc. is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.

Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

General Information.

This Agreement constitute the entire agreement between you and Kiddie Kampus Inc. and govern your use of the Service, superceding any prior agreements between you and Kiddie Kampus Inc.. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This Agreement and the relationship between you and Kiddie Kampus Inc. shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and Kiddie Kampus Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada. The failure of Kiddie Kampus Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last revised: July 27, 2004

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