Penguin Pick-Up Limited Partnership, by its general partner, Penguin Pick-Up G.P. Inc.
3200 Highway 7, Vaughan, Ontario L4K 5Z5 Canada
IMPORTANT! YOUR ACCESS TO THE PENGUINPICKUP WEBSITE AND/OR APP (COLLECTIVELY “THE SERVICE”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE.
Ownership And Copyright. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Service (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, PenguinPickUp or its licensors, as the case may be. PenguinPickUp hereby grants to You a personal, non-transferable and non-exclusive license to access, read and download one copy of the Content.
You assign all rights, title and interest in any feedback You provide PenguinPickUp. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
To the maximum extent permitted by applicable law, in no event shall PenguinPickUp or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if PenguinPickUp or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some jurisdictions, including the Province of Québec, do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
- Links to Other Services. The Service may contain links to third-party web sites or services that are not owned or controlled by PenguinPickUp. PenguinPickUp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PenguinPickUp 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. PenguinPickUp strongly advises You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
- "AS IS" and "AS AVAILABLE" Disclaimer. The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PenguinPickUp, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither PenguinPickUp nor any of its providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of PenguinPickUp are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions, including the Province of Québec, do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
- Indemnity. You agree at all times to indemnify, defend and hold harmless PenguinPickUp, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by PenguinPickUp directly or indirectly in respect of: (i) any information or other content You provide on or through this website or by e-mail or other correspondence; or (ii) Your use or misuse of the Content, the App or The Service, including without limitation infringement claims.
- Notices to You. You hereby consent to the exchange of information and documents between You and PenguinPickUp electronically through the Service, and by e-mail, if to You to the address You provide when You register with this website. Notices to PenguinPickUp shall be made in writing to email@example.com. You may cancel your subscription by logging into your account at https://penguinpickup.com/Login