Effective Date: May 28, 2008
Welcome to Webkinz.com (the “Website”). This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at firstname.lastname@example.org
Through this Website, you may register, care for and personalize your Webkinz pets and activate Webkinz-related products purchased through our affiliated website WebkinzEStore.com (hereafter, the “EStore”). We hope you will enjoy our Website and will visit us often to play with your Webkinz pets! So that you may fully enjoy our Website, we would like you to be aware of the rules that will govern your use of the Website.
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 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.
This User Agreement (the “User Agreement”) is a contract between you and Ganz and applies to all users of this Website. In this User Agreement “you” or “your” means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian. Unless otherwise stated, “Ganz”, “we” or “our” refers to Ganz, an Ontario partnership, and its successors and assigns.
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. However, note that no changes to this User Agreement that we may make in the future will shorten the balance of your Registration Period (as hereafter defined) at the time of amendment.
Links to Other Websites
While Ganz may provide links to this Website and other websites owned and/or operated by Ganz 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 Ganz, 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. Ganz is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by Ganz of the website linked to. GANZ ASSUMES 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 Ganz.
Registration and Your Account
Certain products, services, information and materials provided by Ganz through this Website may be accessed and/or used by you without requiring registration or login to this Website (collectively, “Public Materials”). Other products, services, information and materials provided by Ganz through this Website, require registration in order to be accessed and/or used by you (collectively, “Member Materials”). This User Agreement applies equally to the use and access of Public Materials and Member Materials.
When you register at this Website, you will be asked to make up a username and password (collectively, your “Account”) and identify your pet’s secret code in order to access the Member Materials. When choosing your username, DO NOT use personal information (for example, your first name or surname) that can identify who you are.
After you provide us with your username, password and pet’s secret code, we will also collect answers about you and your Webkinz pet that will help us identify you in case you forget your password in the future. When you answer these questions, we collect your first name only, your country of residence, your birth date and your gender; 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, PASSWORD AND PET’S SECRET CODE IN A SAFE PLACE OFFLINE.
We will use your username and password to identify you when you return to our Website. If you forget your username or password and lose your secret code, you may not be able to access the Member Materials and play with your pet. Your secret code acts as your key to this Website if you forget your password or username. We recommend you print a copy of your Account Summary since it records this information.
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: (i) immediately notify Ganz of any unauthorized use of Your Account or any other breach of security, and (ii) ensure that you exit from Your Account at the end of each session. Ganz 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.
Your Account on this Website is valid for twelve (12) months following the date that you register your pet on this Website, unless terminated earlier in accordance with this User Agreement. You may extend or renew this period and any period which results from such extension or renewal as described below. Whichever period is then current shall be referred to as the “Registration Period”.
Each time you purchase an additional Webkinz pet, your Registration Period will be reset at twelve (12) months from the date that you register the new pet on this Website. Registration Periods are not cumulative – for example, if you register two new Webkinz pets at the same time, your new Registration Period would be twelve (12) months from the date of activation of the new pets, not twenty-four (24) months.
Alternatively, you may renew your Registration Period for additional periods of time as may be offered from time to time upon payment of the then-current and applicable renewal fee. If you renew your Registration Period in this way at any time during the existing Registration Period, then your new Registration Period will commence upon the expiration of your existing Registration Period. Renewal periods and renewal fees are set by Ganz in its discretion and are subject to change.
If you let your Account lapse without renewing it prior to the end of your then-current Registration Period as discussed above, you may reactivate your Account within the next six months: (i) for a further period of twelve (12) months from the date of reactivation by registering a new Webkinz pet; or (ii) for a further period equal to the length of the renewal period selected by you upon payment of the then current and applicable renewal fee, if available. Further details regarding renewal periods, fees and methods of payment will be provided as those features become available on this Website.
This Website is designed for you to register all of your pets using your original username and password. We strongly recommend that you do register all of your pets using your original username and password so that you can take full advantage of all of the features that we have on this Website. If, by mistake, you register a new pet using a different username and password, a new Account will be created. Accounts are separate. This means that you can only play with pets, earn and spend KinzCash, and use other features of this Website on an account-by-account basis. Renewing, extending or resetting one Account does not renew, extend or reset any other Account that you may have on this Website.
User Accounts, usernames and passwords are not transferable, even between your own Accounts, and similar to digital items and KinzCash, have no retail value and are not redeemable for cash. You may be able to gift pet access codes and any points, KinzCash or other digital items or rewards that you may earn on this Website through the KinzPost function except as otherwise prohibited by KinzPost rules and functions.
Suspension or Termination of Account
Ganz 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, Ganz 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 (i) it determines 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 Ganz or other third parties, or (ii) Ganz determines to cease its operations and/or its provision of any applicable products or services in connection with this Website.
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 Ganz with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from Ganz shall be the legal equivalent of written communications.
Ownership of Intellectual Property and Restrictions on Use of Ganz Materials
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, EStore items, 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 “Ganz Materials”) are the property of Ganz, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the “Ganz Group”), 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 Ganz 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 Ganz Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any attempts to access the Ganz 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 Ganz Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Ganz Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) 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; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Ganz Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Ganz or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of Ganz 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. Ganz 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.
Ganz has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website; (ii) any part or all of this Website, including hours of availability; and (iii) to restrict access to parts or all of this Website from time to time with or without notice to you. Ganz 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. To make the experience on this Website more enjoyable, you will need, at a minimum, a high speed Internet service, monitor resolution of 1024X768, and the following minimum supported browsers: Windows: Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer 1.5 or Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5. These requirements may change and such changes will be posted on this Website.
From time to time you may have the opportunity to send us your submissions as part of a contest where your submissions are judged and the winner will be awarded a virtual prize, such as KinzCash. We will provide the rules for such contests at such times as they are made available on this Website. You may also win KinzCash and other virtual prizes through playing games of skill in our virtual arcade, or through trivia contests. With respect to the arcade games and trivia contests, the following minimum rules shall apply:
1. We will tell you the number and types of prizes to be won; all prizes are virtual and shall have no retail value;
2. Your chances of winning depend on your skill in playing the game selected, and where you are playing a game against other users of this Website, your chances of winning also depend on the number of other players and their skill in playing the game;
3. For some games, it may be possible for there to be no winner (for example, a trivia game where none of the players answers the questions correctly);
4. Unless we tell you otherwise, there will be no special allocation of prizes by country, state, province or region;
5. Some games have skill level by age group, so check the game instructions carefully; however, unless we tell you otherwise, there will be no special allocation of prizes by age group;
6. We will clearly advise you of the start and stop times applicable to the game selected;
7. There may be limits on the number of times you may play a game, so read the game instructions carefully; and
8. Prizes will be awarded without undue delay.
User Code of Conduct
The Website is provided by Ganz 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 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: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
4. Ever 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 gain access to this Website in a fraudulent manner, including but not limited to using fraudulent pet codes;
7. 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 KinzCash, items, pets, access to this Website or information or images that have not yet been officially announced or incorporated into this Website’s functionality.
8. Attempt to gain access to any other user’s Accounts;
9. Attempt to ascertain any other user’s password, pet codes 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;
10. Attempt to harvest or otherwise collect information about other users without their consent;
11. Attempt to use this Website for any purposes other than those intended by Ganz; or
12. 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.
The publication of electronic mail 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.
THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ 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, THE GANZ GROUP 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.
THE GANZ GROUP DOES NOT WARRANT THAT THIS WEBSITE, THE GANZ 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 GANZ’S CUSTOMER SERVICE DEPARTMENT OR A GANZ 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, THE GANZ GROUP 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.
FINALLY, THE GANZ GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE OR THE GANZ 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 GANZ 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 GANZ MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE GANZ GROUP 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.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE GANZ GROUP 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, ESTORE ITEMS OR ANY OF THE GANZ MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE GANZ GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, GANZ 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.
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 THE GANZ GROUP 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, ESTORE ITEMS OR ANY OF THE GANZ 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) USD$100.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, GANZ DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY GANZ’S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF GANZ.
YOU HEREBY AGREE TO INDEMNIFY AND HOLD EACH MEMBER OF THE GANZ GROUP HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY MEMBER(S) OF THE GANZ GROUP 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 ESTORE ITEM; 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 GANZ 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 controlled, operated, hosted and served by Ganz in Ontario, Canada. Ganz’s offices are located in Ontario, Canada. 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 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. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the 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 Agreement. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of this User Agreement should you have any queries about it.
This Website is owned and operated by Ganz, an Ontario partnership, which is located at One Pearce Road, Woodbridge, Ontario, Canada L4L 3T2. If you have any questions or concerns relating to this Website, they can be sent to the attention of our Customer Service Representative at this address. You may also contact Ganz by email at email@example.com
. Should Ganz be unable to resolve the issue, the following rules may apply to the dispute.
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS USER AGREEMENT.
Mandatory Arbitration — YOU AND GANZ AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS USER AGREEMENT, EXCEPT THAT YOU OR GANZ MAY BRING AN INDIVIDUAL ACTION IN ANY COURT OF APPROPRIATE JURISDICTION FOR PRELIMINARY INJUNCTIVE RELIEF. TO INITIATE ARBITRATION, YOU OR GANZ MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: GANZ, ATTN: GENERAL COUNSEL, ONE PEARCE ROAD, WOODBRIDGE, ONTARIO, CANADA L4L 3T2. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS USER AGREEMENT WILL BE ADMINISTERED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE, IN ACCORDANCE WITH THE NATIONAL ARBITRATION RULES OR THE INTERNATIONAL ARBITRATION RULES, AS APPLICABLE, AS SUCH RULES MAY BE MODIFIED BY THIS AGREEMENT. THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH AND THE PLACE OF ARBITRATION WILL BE TORONTO, ONTARIO, CANADA. INFORMATION CONCERNING THE ADR INSTITUTE OF CANADA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING 1-877-475-4353 (US/CANADA) OR 001-416-487-4733 (INT’L) OR BY VISITING ITS WEBSITE AT: http://www.adrcanada.ca/
. INFORMATION CONCERNING ADR CHAMBERS INTERNATIONAL, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING 1-800-856-5154 (US/CANADA) or 001-416-362-8555 (INT’L) OR BY VISITING ITS WEBSITE AT: http://www.adrchambersinternational.com
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL MUTUALLY AGREED UPON BY BOTH PARTIES ARBITRATOR OR, OTHERWISE, ARBITRATOR SELECTED BY THE ADR INSTITUTE OF CANADA INC. OR THE ADR CHAMBERS INTERNATIONAL, AS APPLICABLE. YOU AND GANZ FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS USER AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS USER AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. THE COST OF ARBITRATION SHALL BE PAID FOR AS DETERMINED BY THE ARBITRATOR.
Waiver of Jury Trial and Class Actions — BY ENTERING INTO THIS USER AGREEMENT, YOU AND GANZ ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND GANZ BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS USER AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND GANZ BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
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. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site (http://www.the-dma.org
) and explore the Get CyberSavvy! program at http://www.cybersavvy.org/cybersavvy/index.html
. Get CyberSavvy! helps families learn how information flows online so they can use the Internet in ways that protect their privacy and well-being. It also contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. 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.
Effective Date May 28, 2008.