YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES. READ THIS DOCUMENT CAREFULLY.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Canada may use the Gogabo.com Site and/or the Gogabo.com Services (described below).

Please read these Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a user of the Site or Services (“Registered Users”).

  • These Terms incorporate by reference the Gogabo.com Data Privacy and Use Policy (“Data Policy”) and all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Site (collectively, the “Policies”). If you object to anything in these Terms, the Data Policy or the other Policies do not use the Site or the Services.
  • These Terms, including the Data Policy and the other Policies, are subject to change by Gogabo.com at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Site. Notwithstanding the foregoing, for residents of Quebec, the notice for significant changes will set out the new clause only, the date of the coming into force of the amendment and, if the amendment entails an increase in your obligations or a reduction in our obligations, then you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force. Residents in all Provinces should periodically check ca.Gogabo.com for updates. Your continued use of the Site or the Services after the effective date of any change will constitute acceptance by you of such change.

For purposes of these Terms, the “Site” shall mean the Gogabo.com web site and any Canadian affiliated websites, web pages, mobile applications and mobile websites operated by Gogabo Inc., a corporation incorporated in Ontario (“Gogabo.com”). The “Services” shall mean any of the various services that Gogabo.com provides through the Site or any other channels, including over the telephone.

  1. DESCRIPTION OF SERVICES; LIMITATIONS; USER RESPONSIBILITIES

1.1. About Our Services

Gogabo.com is an online platform and marketplace for people to list, discover and create amazing activities for kids. Consider this your one-stop-shop for organizing your kids educational, social and sporting adventures. We make it easy and safe for you to pay directly, sync with your calendars and receive e-receipts to keep your records and ultimately, your lives, organized:

  • We enable individuals seeking kids activities such as soccer, (“Users”) to post activity on the Site and individuals and entities who provide services (“Play Pros”) to post profiles on the Site.
  • We provide search tools to help Users find individual Play Pros that meet their specific needs and preferences and enable Users and individual Play Pros to communicate through a private messaging platform without sharing personal identification or contact information and book and pay for services.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2. Limitations of Our Services

We offer an online forum that among other things enables Play Pros to post profiles and interact with Users for potential the sale of their services.

However, we do not employ any Play Pros nor are we an employment agency or a recruitment agency for any User or Play Pro. We do not provide referral services. We do charge Play Pros or Users a fee, a commission or other compensation based on the services requested.

Except as described in these Terms and the Data Policy, we do not verify, review, evaluate, interview, screen, vet or perform background checks on Play Pros or Users nor do we verify any content posted to the Site by a User, Play Pro or others.

We are not a party to any agreement between a User and a Play Pro. Users are the potential employers of Play Pros and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).

There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through our Site. You assume all risks associated with dealing with other persons with whom you come in contact through the Site.

We provide no assurance or representation (express or implied) regarding the quality, timing, or legality of the services actually delivered by Play Pros or the integrity, responsibility or actions of Users or Play Pros. We do not refer or recommend either Users or Play Pros nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Play Pros or the integrity, responsibility or actions of Users or Play Pros whether in public, private or offline interactions.

Play Pro and User content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Gogabo.com does not assume any responsibility for the accuracy or reliability of any information provided by Play Pros or Users on or off this Site.

Gogabo.com is not responsible for the conduct, whether online or offline, of any user of the Site or the Services. Moreover, Gogabo.com does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Users and Play Pros, do hereby expressly agree not to hold Gogabo.com (or Gogabo.com’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, resellers, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Play Pro or User or for any information, instruction, advice with originated or services that were arranged through the Site, and, to the maximum extent permissible under applicable law, Gogabo.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

 

PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.

 

1.3. User Responsibilities

 

You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Play Pro or User.

 

Subject to applicable law, we may, at our option, conduct limited screening of a Play Pro or User through verification checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer or service provider.

 

Each Play Pro is also responsible for complying with all applicable employment, non-discrimination and other laws in connection with any employment relationship they establish, including verifying the age of the User they select is 18 years of age or older as well as the User’s eligibility to work in Canada.

 

  1. ELIGIBILITY TO USE THE SITE AND SERVICES; REPRESENTATIONS AND WARRANTIES

 

To be eligible to use our Services, you must meet the following criteria:

  • You must be eighteen (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Site or Services.
  • You must reside in a postal code region in which Gogabo.com currently offers the Services.
  • If you are a Play Pro, you must be a citizen or legal resident of Canada or hold a valid Canadian visa.
  • If you are a User, you must be a citizen or legal resident of Canada or hold a valid Canadian visa entitling you to work in Canada. If you are a user and not legally entitled to work in canada do not register to use the site or services.
  • You must not be, or work for, a competitor of Gogabo.com or using our Services for reasons that are in competition with Gogabo.com.

 

By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

 

Because of the type of services, the setting of the ACTIVITY and the nature of the relationship between User and Play Pro, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offence involving violence, abuse, neglect, theft or fraud, or any offence that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

 

By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Data Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Gogabo.com. The results of these verification checks are made available to Gogabo.com.

 

We may use third party service providers to perform these verification checks. Our third party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.

 

  1. RULES FOR USER CONDUCT AND USE OF SERVICES

 

3.1. Registration, Posting, and Content Restrictions

 

The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Gogabo.com’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:

 

  • You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking services for another individual or family member.
  • You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Gogabo.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Gogabo.com or to any other user of the Site, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
  • You understand and agree that Gogabo.com may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Gogabo.com violates this Agreement or which Gogabo.com determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of users of the Site, or otherwise violate these Terms or community standards.
  • You have the right, and hereby grant to Gogabo.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Gogabo.com will not infringe or violate the rights of any third party.
  • Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
  • com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

 

You agree that Gogabo.com is not required to moderate, verify or remove any reviews or other information posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

 

Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by Gogabo.com, are those of their respective authors. Such authors are solely responsible for such content. Gogabo.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will Gogabo.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

 

GOGABO.COM DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO GOGABO.COM OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF GOGABO.COM.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOGABO.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE.

 

YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD GOGABO.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS SITE OR IN ANY OTHER VENUE.

 

3.2. Exclusive Use

 

Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.

 

3.3. Prohibited Uses

 

By using the Site or Services of Gogabo.com, you agree that you will not under any circumstances:

 

  • use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Services for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s Gogabo.com account without permission;
  • provide false or inaccurate information when registering an account on Gogabo.com, using our Services or communicating with other Registered Users;
  • attempt to re-register with Gogabo.com if we have terminated your account for any or no reason;
  • interfere or attempt to interfere with the proper functioning of Gogabo.com’s Services;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
  • use the communication systems provided by or contacts made on Gogabo.com for any commercial solicitation purposes; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

 

Should Gogabo.com find that you violated the terms of this Section or any terms stated herein, Gogabo.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services.

 

Further, in order to protect the integrity of the Site and the Services, Gogabo.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

 

  1. VERIFICATION CHECKS

 

4.1 Consent to run verification checks

 

YOU AGREE TO ALLOW GOGABO.COM TO PERFORM VERIFICATION CHECKS.

 

We may use third party service providers to perform verification checks on Play Pros application. If we perform verification checks, we perform them to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Gogabo.com. The results of these verification checks are made available to Gogabo.com.

 

The results of any verification checks on you may impact your ability to access and use the Services. You are not eligible to register with Gogabo.com if any of your verification checks results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that, in our sole discretion and subject to applicable law, disqualifies you from using our Site or Services given the type of activity, the setting of the activity, and the nature of the relationship between User and Play Pro.

 

IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE GOGABO.COM.

 

4.2. Release of Liability for Results of Verification Checks

 

Although Gogabo.com may perform verification checks, it has no obligation to do so. To the extent Gogabo.com performs such checks on certain Registered Users and Play Pros, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Services.

 

Furthermore, verification checks are performed by separate third party verification services. Gogabo.com does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.

 

  1. TERMINATION OF REGISTRATION

 

Should Gogabo.com determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated Site content, including but not limited to, use on a “mirrored”, competitive, or third party site, Gogabo.com reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Gogabo.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Gogabo.com, with or without notice.

 

Gogabo.com also reserves the right, in its sole discretion, to terminate your access to all or part of the Gogabo.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Gogabo.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

 

Following any termination of any individual’s use of the Site or the Services, Gogabo.com reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

 

  1. PRIVACY

 

Gogabo.com will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Data Policy, the terms of which are incorporated herein.

 

  1. LINKS TO EXTERNAL SITES

 

Links from the Site to external sites (including external sites that are framed by Gogabo.com) or inclusion of advertisements do not constitute an endorsement by Gogabo.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.

 

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. Gogabo.com does not control such sites, and is not responsible for their content. Just because Gogabo.com has hyperlinks to such sites does not mean that Gogabo.com endorses any of the material on such sites, or has any association with their operators.

 

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Gogabo.com’s Terms of Use and Data Policy. Gogabo.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Gogabo.com harmless from any liability that may result from the use of links that may appear on the Site.

 

  1. PAYMENT AND REFUND POLICY

 

In order to utilize some of Gogabo.com’s Services, Users must pay for a Premium Member subscription or otherwise pay for the specific Service.

 

8.1 Billing and Payment for Users

 

In order to utilize some of Gogabo.com’s Services, Users and Play Pros must pay for a Premium Member subscription or otherwise pay for the specific Service. Users that sign up for a Premium Member subscription agree to pay Gogabo.com all subscription charges associated with the plan they subscribe to as described on the Site at the time they subscribe and provide their payment information. Premium Members authorize Gogabo.com to charge their chosen payment provider according to the terms of the plan to which they subscribe. The subscription period and the amount and frequency of the charges will vary depending on the plan the Premium Member selects.

 

To the extent you elect to purchase other Services we may offer for a fee, you authorize Gogabo.com to charge your chosen payment provider for the Services you purchase. You agree that if Gogabo.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services you purchase.

 

8.2 Billing and Payment for Play Pros

Certain Services and offerings made available to Play Pros may require the payment of a fee by such Play Pros as described hereon or otherwise on the Site. To the extent you elect to purchase other chargeable Services and offerings, you authorize Gogabo.com to charge your chosen payment provider for the Services you purchase.

Gogabo.com may allow Play Pros to pay a fee to be featured more prominently on the Site. In addition, Gogabo.com may give Play Pros the ability to purchase credits that can be used by such Play Pros to exchange information with certain Users. To the extent applicable, the number of credits necessary to contact a Play Pro and the expiration date of such credits is disclosed on the Site. Such credits do not have any monetary value and do not constitute a pre funding of stored value that can be used in the future.

8.3 Refund Policy

To the extent permitted by law, Gogabo.com does not as a general rule provide refunds or credits for purchase cancellations. However, Gogabo.com may in its sole discretion issue refunds or credits when it believes they are warranted.

 

  1. RELEASE OF LIABILITY FOR USER CONDUCT AND DISPUTES

We are not an employer of Play Pros nor are we an employment agency or a recruitment agency for any User or Play Pro. Users may seek the services of a User through the use of the Site or Services, and Play Pros may post profiles and submit proposals to Users regarding their services. However, any agreement between a Play Pro and a User regarding the provision of services is solely between the Play Pro and the User; Gogabo.com is not a party to any such agreement. Any issues concerning the conduct of a Play Pro or User including, without limitation, the services received by the Play Pro or payment due to the User, must be resolved directly by the Play Pro and the User. Gogabo.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Gogabo.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. Gogabo.com will use its reasonable efforts to monitor User and Play Pro profiles, comments, and general usage of the Site and suspend privileges to any Play Pro or User not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Site or the Services, particularly if you decide to meet offline or in person. In addition, you agree to visit Gogabo.com prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to Gogabo.com immediately by notifying Gogabo.com of the same via electronic correspondence.

 

  1. AGE RESTRICTIONS

Gogabo.com is intended for people 18 or over. Users and Play Pros should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. Gogabo.com will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you are under the age of 18, your registration will be terminated immediately.

 

  1. DISCLAIMERS; LIMITATIONS; WAIVERS; INDEMNIFICATION

11.1 No Warranty

If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions Civil Code of Quebec.

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Gogabo.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOGABO.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN GOGABO.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOGABO.COM EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

In addition and without limiting the foregoing, gogabo.com makes no representation or warranties of any kind whether express or implied regarding the suitability of any registered user of our site to provide services as a play pro or to employ the services of a play pro.

11.2. Assumption of Risk

YOU FREELY ACCEPT AND FULLY ASSUME ALL RISKS AND DANGERS when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Site or the Services. You agree to take all necessary precautions when interacting with other Site Visitors or Registered Users.

11.3. Limitation of Liability

Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Gogabo.com’s liability for fraudulent misrepresentation, death or personal injury caused by Gogabo.com’s negligence or liability that may not otherwise be limited or excluded by law, such as in Quebec.

IN ALL OTHER CASES:

Incidental Damages and Aggregate Liability. In no event will Gogabo.com be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Gogabo.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL GOGABO.COM’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID GOGABO.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-Gogabo.com Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOGABO.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY (EXCEPT IN QUEBEC TO THE EXTENT THE SERVICES ARE AVAILABLE IN QUEBEC), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Gogabo.com makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

11.4. Indemnification

By agreeing to the terms of this Terms of Use, users of the Site and Services agree to indemnify, defend and hold harmless Gogabo.com and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Gogabo.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Gogabo.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Gogabo.com. Users further agree to hold harmless Gogabo.com and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

  1. JURISDICTION AND CHOICE OF LAW

If you are a PREMIUM MEMBER PLAY PRO NOT RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of British Columbia, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of British Columbia, for the resolution of any such dispute.

IF THE SERVICES ARE OFFERED IN QUEBEC AND YOU ARE A PREMIUM MEMBER PLAY PRO OR A USER RESIDENT IN QUEBEC: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of Quebec, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Quebec, for the resolution of any such dispute.

IN ALL OTHER CASES: Any dispute arising out of the Site and/or the Services shall be governed by the laws of the Province of British Columbia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the courts of British Columbia, for the resolution of any such dispute.

  1. MISCELLANEOUS

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

  1. CONTACT INFORMATION

If you have any questions or need further information as to the Site or Services provided by Gogabo.com, or need to notify Gogabo.com as to any matters relating to the Site or Services please contact Gogabo.com at: info@gogabo.com