Terms & Conditions

Pick Up A Pro Inc. DBA PUP Inc. ("PUP"/"we"/"us") Terms of Use (together with the PUP Privacy Policy and the PUP Policies, the "Agreement") apply to your use of (1) the PUP website at https://www.getpup.pro and all affiliated websites and other online properties owned and operated by PUP (collectively, the "PUP Site"), (2) any PUP- branded application for your mobile or other device (collectively, the "PUP App"), (3) the sports and recreation related products and services exchange, event and facilities reservation system, and participant connection services made available by PUP through the PUP Site and the PUP App, and (4) any other services or features made available by PUP through the PUP Site or the PUP App. Together, the items in (1) through (4) are referred to herein as the "Service".

In this Agreement, "PUP" and "we" mean Pick Up A Pro Inc. and "you" means (1) any individual user (a "User") of the Service, or (2) a "Provider" (as defined below). This Agreement incorporates PUP’ standard policies, procedures, and terms and conditions for use of the Service that are referenced by name or by links in this Agreement (collectively, the "PUP Policies").

By accessing or using the Service or clicking "accept" or "agree" to this, or any Agreement contained within this service, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Service or that you have complied with the requirements of Section 2 below.

You should also read the PUP Privacy Policy, which is incorporated by reference into this Agreement and available on the PUP Site. If you do not accept and agree to be bound by all of the terms of this Agreement, including the PUP Privacy Policy, do not access the Service through the PUP Site, install the PUP App or use the Service.

PUP may update or revise this Agreement (including the PUP Privacy Policy and any PUP Policies) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Service. You may have to click "accept" or "agree" to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Service, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by PUP, any use of the Service is subject to the version of this Agreement in effect at the time of use.

1. The PUP Service

   1. General. The Service consists of a communications platform for enabling the connection between Users seeking to participate in leisure, cultural, recreational or sporting activities and event organizers, this could include but is not limited to; individuals, sports and recreation organizations and associations, team captains, coaches, instructors, sports and recreation facilities (collectively "Providers") and other Users that may join the platform. The Service provides a place for Providers to list their sporting, recreational activities, facilities, events, products and services, and for Users to find sporting, recreational, facilities, events, products and services that are of interest to them. PUP does not take part in the interaction between Users and Providers except to provide the Service for information sharing and to potential collect payments on the behalf of Providers, where applicable.
   2. Registrations, Reservations and Bookings. PUP provides the Service to User for the purpose of enabling Users to (1) register themselves for sports, games or events, (2) booking or reserving sports and recreational facilities, including swimming pools, tennis and squash courts, football and soccer fields, arenas and other facilities are completed by the event organizer, and (3) if applicable, booking lessons with coaches and instructors. Users can contact the Provider directly through multiple communication methods made available through the Service.
   3. Participation in Informal Sports and Recreational Activities. PUP also provides the Service to Users for the purpose of enabling Users to connect with other Users to participate in informal sporting and recreational activities (such as pickup hockey or basketball games) and such activities may or may not involve the payment of any fees by a User in order to participate.
   4. Modifications to Service. PUP reserves the right, in its sole discretion, to modify the Service from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the PUP Site, PUP App and Providers. PUP shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Service.

2. Eligibility

   1. If you are under the age of majority in your province/state or territory/region of residence, or younger than 18 years of age, you are not able to enter into this Agreement. PUP reserves the right to discontinue your use of the App and the Service if it determines that the foregoing age requirements have not been respected.
   2. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of Canada or the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

3. Creating an Account

   1. In order to use the Service, you must create an account (an "Account") and sign in using your email address or mobile phone number, which will require validation. You may also be able to create an Account and login to your Account through online accounts you may have with third party messaging services such as Apple ID, G-Suite products, WhatsApp or social networking sites such as Facebook, Twitter or LinkedIn (each such account, an "SNS Account") by either providing your SNS Account login information through the PUP Servicer allowing PUP to access your SNS Account. By granting PUP access to any SNS Accounts, you understand that PUP may access, make available and store any content that you have provided to and stored in your SNS Account, including without limitation any friend, mutual friends, contacts or following/followed lists (the "SNS Content") so that it is available on and through the PUP Service to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your information. Depending on the privacy settings that you have set-in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the PUP Service.
   2. When registering for an Account, you must provide true, accurate, current, and complete data about yourself in your PUP profile ("Profile Data"). You also agree to promptly update your Profile Data to keep it true, accurate, current, and complete. You may not create more than one Account.
   3. You are responsible for maintaining the confidentiality of the login information and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify PUP of any disclosure or unauthorized use of your username or password or any other breach of security at security@getpup.pro

4. Location Data

   1. The PUP App will collect and use data about your location for the purpose of customizing the delivery of the Service to you. Location data will only be activated with your express consent. Not activating location services will impact the performance of the App.

5. Communications from PUP

   1. If you provide an email address or mobile phone number, you hereby expressly consent to receive SMS text messages from PUP regarding the Service. The communication standards for the Service include, but are not limited to: SMS, and web-based browser technology. In order to use the SMS-based Service, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Service.

6. Technical Requirements

   1. Use of the Service requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Service, including from any notifications provided by the Service. PUP does not guarantee that the Service will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the PUP Site, and some features and portions of the PUP Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

7. Fees and Payment

   1. Depending upon the particular Provider, the booking of an event or facility; the registration for a sport, recreational activity; or the purchase of products or services may be possible only in return for payment of the applicable fee. By booking the facility, coach or instructor or registering for the sporting or recreational activity or event, User accepts the Provider’s fees and prices that have been announced or recorded in the Service as well as any possible applicable rules of the Provider’s event, facility or activity. Payment shall be performed in accordance with the instructions of the applicable Provider and the User may make payments within the Service or be directed away from the PUP Site, or PUP App in order to complete the payment transaction. PUP is not a party to this transaction, but instead acts merely as a broker.
   2. If the User is not satisfied with the quality and the price of the event, facility or service of a Provider, then any possible claims must be brought by the User directly against the Provider. PUP shall not PROVIDE any reimbursements and is not liable for any such claims brought by Users against Providers. All claims must be brought directly and exclusively against the Provider.

8. Fees and Payment for Practices by Participant

   1. The PUP platform allows for participants who are looking to share their sport knowledge to host practices. Those practices may be free or paid. It is up to the individual who is taking part in the practice to properly vet the host of the practice and to independently determine if the cost of the practice is suitable for them. It is also up to the host to vet the participants and protect themselves and their participants from injury. PUP is not liable for any dissatisfaction with the person running the practice or the practice type. PUP is not liable for any injury or unwelcomed outcomes from participating in the practices.
   2. Payment for PUP practices. Please note that participants will be required to pay for the practice (if there is a fee) prior to the start of the practice or their spot in the practice may be cancelled out by the host. This payment can be made by credit card or debit and will be using the payment system/interface run by Stripe (learn more about them please see https://stripe.com/en-ca) Payment processing will have associated fees and will be communicated in places where such fees are required. Please make sure you understand that Stripe is governed by their own Privacy Policies and Terms and Conditions. Your registration in their payment system confirms your acceptance of all of their Terms and Conditions and adherence and acceptance of their Privacy Policy as well. PUP is not liable for any dissatisfaction that you have with Stripe or their policies. Please refer to them at https://stripe.com/en-ca/privacy and https://stripe.com/en-ca/legal/consumer Please be aware that bank/credit card statements will be identified by the host name and may not indicate PUP at all. Upon completion of the payment, you will receive an email and a notification letting you know the payment has been completed.
   3. Depending upon the particular Provider, the booking of an event or facility; the registration for a sport, recreational activity; or the purchase of products or services may be possible only in return for payment of the applicable fee. By booking the facility, coach or instructor or registering for the sporting or recreational activity or event, User accepts the Provider’s fees and prices that have been announced or recorded in the Service as well as any possible applicable rules of the Provider’s event, facility or activity. As well as the fees associated with Stripe payment processing. Payment shall be performed in accordance with the instructions of the applicable Provider and the User may make payments within the Service or be directed away from the PUP Site, or PUP App in order to complete the payment transaction. PUP is not a party to this transaction, but instead acts merely as a broker.
   4. If the User is not satisfied with the quality and/or the price of the Provider, then any possible claims must be brought by the User directly against the Provider. PUP shall not PROVIDE any reimbursements and is not liable for any such claims brought by Users against Providers or Providers against Users. All claims must be brought directly and exclusively against the Provider.

9. Fees and Charging of Practices by Host

   1. The PUP platform allows for participants who are looking to share their sport knowledge to host practices. Those practices may be free or paid. It is up to the individual who is hosting the practice to properly vet the location and the participants and to independently determine the rate they wish to charge participants and if the practice is suitable for the registering participant. It is the host’s responsibility to protect their business, themselves and their participants from injury and any other liabilities. PUP is not liable for any dissatisfaction with the person running the practice or the practice type. PUP is not liable for any injury or unwelcomed outcomes from participating in the practices.
   2. Payment to Host for PUP practices. Please note that participants will be required to pay for the practice (if there is a fee) prior to the start of the practice. This payment can be made by credit card or debit and will be using the payment system/interface run by Stripe (learn more about them please see https://stripe.com/en-ca) Payment processing will have associated fees and will be communicated in places where such fees are required to both the participant and the Host.
   3. It is up to the Host to calculate their rates and take into account all the various aspects of their business expenses including taxes and insurances. It is the responsibility of the Host to manage their tax obligations in whichever province or state that they are in. Please make sure you understand that Stripe is governed by their own Privacy Policies and Terms and Conditions. Your registration in their payment system confirms your acceptance of all of their Terms and Conditions and adherence and acceptance of their Privacy Policy as well. PUP is not liable for any dissatisfaction that you have with Stripe or their policies. Please refer to them at https://stripe.com/en-ca/privacy and https://stripe.com/en-ca/legal/consumer
   4. Fees charged to Participants are administrative in nature and/or taxes. At this time the fee is $0.90 for practices being charged up to $30/practice. For practices $30.01 and higher the fee being charged at this time is $1.50. Please note that these rates are subject to change at any time as required by business operations.
   5. Fees charged to the Host are administrative/operational and tax in nature. At this time the fee is 5% of the total fee being charged to the participants. This fee will be calculated automatically by Stripe and will be clearly identified in your Stripe dashboard. Please note that these rates are subject to change at any time as required by business operations.
   6. Please be aware that bank/credit card statements will be identified by the host name and may not indicate PUP at all. Upon completion of the payment, you will receive an email and a notification letting you know the payment has been completed.
   7. Make sure to communicate with your participants all fees required in advance, for example if you are booking an event or facility; the registration for a sport, recreational activity; or the purchase of products or services. By booking the facility, coach or instructor or registering for the sporting or recreational activity or event, the Host must communicate that the User accepts the Provider’s fees and prices that have been announced or recorded in the Service as well as any possible applicable rules of the Provider’s event, facility or activity. As well as the fees associated with Stripe payment processing. Payment shall be performed in accordance with the instructions of the applicable Provider and the User may make payments within the Service or be directed away from the PUP Site, or PUP App in order to complete the payment transaction. PUP is not a party to this transaction, but instead acts merely as a broker. PUP is not liable for such interactions.

10. Term and Termination

    1. This Agreement will remain in full force and effect while you use the Service and/or have a PUP Account. You may terminate and disable/deactivate your Account at any time, for any reason, by following the instructions in "Settings" in the Service. PUP may terminate or suspend your Account at any time without notice if PUP believes that you have breached this Agreement (including any PUP Policies), or for any other reason, with or without cause, in its sole discretion. PUP is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After any suspension or termination, you may or may not be granted permission to use the Service or reactivate your Account. You agree that PUP shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You understand that any termination of your Account may involve deletion of any content stored in your Account for which PUP will have no liability whatsoever. After your Account is terminated for any reason, all terms of this Agreement, including, in particular, the license granted by you in Section 9(d) below, survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

11. Intellectual Property Rights and Grant of Rights to User

    1. Service. Subject to the terms and conditions of this Agreement, PUP grants to User and Provider a non-exclusive, non-transferable, revocable license to access and use the Service in accordance with the terms of this Agreement.
    2. PUP App License. Subject to the terms and conditions of this Agreement, PUP grants User a non-exclusive, non-transferable, revocable license to use the PUP App, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Service.
    3. PUP Content. The features, information, and materials provided and depicted through the Service are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Service (collectively, the "PUP Content") are provided to User by PUP or its partners or licensors (including other Users and Providers) solely to support User’s permitted use of the Service. The PUP Content may be modified from time to time by PUP in its sole discretion.
    4. Reservation of Rights. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Service, the PUP App or the PUP Content by User shall constitute a material breach of this Agreement. PUP and its partners or licensors retain all rights in the Service, the PUP App and PUP Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights.
    5. Use Restrictions. The Service and PUP Content are offered solely for User’s and Provider’s use for the purposes described in this Agreement. Any and all other uses are prohibited. PUP expressly reserves all its rights and remedies under applicable laws. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Service or PUP Content, except as expressly authorized by PUP; (2) interfere with or disrupt the Service or the servers or networks connected to the Service or take any action that imposes or may impose (in PUP’ sole determination) an unreasonable or a disproportionately large load on the Service or PUP’ infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Service; (4) rent, lease, copy, provide access to or sublicense any portion of the Service or PUP Content to a third party; (5) use any portion of the Service or PUP Content to provide, or incorporate any portion of the Service or PUP Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to PUP); (7) modify any Service or PUP Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Service or PUP Content; (9) use the Service or PUP Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Service or PUP Content or access or use the Service or PUP Content for competitive analysis or benchmarking purposes.

12. Reviews, Comments, Communications, and Other User Content

    1. The Service may permit Users to submit posts, reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users, Providers and other third parties ("User Content"). Any such User Content must not be illegal, threatening, abusive, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content.
    2. When using the Service, you may be exposed to User Content that is inaccurate, incomplete or unsuitable. Please notify PUP of any illegal or inappropriate User Content and PUP will take appropriate action. PUP will ensure that any offending comments are removed and take such action against the offender as determined by PUP.
    3. PUP may establish procedures and practices relating to the use of and participation in the PUP Site. Such procedures and practices may include limitations on the number of entries and the size of files that may be submitted, limitations on the number and type of User Content submitted at any given time and the number of days content will be saved before deletion. PUP will not be responsible for any Content deleted by PUP or otherwise, or for your inability to submit any User Content.
    4. PUP reserves the right (but has no obligation) to monitor, remove, or edit User Content in PUP’ sole discretion, including if User Content violates this Agreement (including any PUP Policies), but you acknowledge that PUP may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you hereby grant to PUP a non-exclusive, perpetual, royalty-free, irrevocable, transferable and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. User agrees that any User Content submitted, placed or posted by User on the Service may be viewed by other Users and may be viewed by any person visiting the PUP Site, using the PUP App or participating in the Service.
    5. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by PUP and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
    6. PUP will not be responsible for the User Content or accuracy of any information posted by Users or Providers and shall not be responsible for any acts taken or decisions made based on such information.
    7. Your use of the Service, including all User Content you post through the Service, must comply with all applicable laws and regulations. You agree that PUP may access, preserve and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any User Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of PUP or any other person.
    8. User agrees to indemnify, hold harmless, and (at PUP’ request) defend PUP, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the "PUP Parties") from and against all claims resulting from (1) any User Content submitted by User, (2) User’s use of the Service, or (3) any breach or alleged breach by User of this Agreement.

13. Prohibited Activities

    PUP reserves the right to investigate, suspend and/or terminate a User or Provider account if such User or Provider has misused the Service or behaved in a way that PUP regards as inappropriate or unlawful. The following is a partial list of the type of actions that Users and Providers may not engage in with respect to the Service. Users and Service Providers shall not:

    1. impersonate any person or entity.
    2. "stalk" or otherwise harass or track any person.
    3. express or imply that any statements you make are endorsed by PUP without our specific prior written consent.
    4. access the Service in a jurisdiction in which it is illegal or unauthorized.
    5. collect usernames, phone numbers and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; or
    6. email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

14. Additional Provisions Applicable to Event Organizers/Providers

    1. Event (game, practice, etc.) Organizer Account. Each Provider will be allowed to create one an event organizer account (each an "Admin Account") to access the Service to create an event. PUP is not responsible for dissemination of additional user access. PUP reserves the right to charge an administrative fee in the future to Providers.
    2. Provider Content. A Provider may post information or advertisements regarding sporting events, the availability of facilities, the availability of coaching, instruction or other services; send in app communication; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to Users and other third parties ("Provider Content"). The provisions of Section 9 hereof will apply to Provider Content in the same manner as such provisions apply to User Content.
    3. Insurance. It is the User’s and Provider’s responsibility to obtain and maintain appropriate levels of and types of insurance coverage for the nature of the event, facility or other service that is being provided by Provider. It is also the Provider’s responsibility to provide facilities in or at which to provide the event or service being offered by Provider. Provider hereby represents and warrants to PUP that any facilities made available by it for the purpose of holding an event or sporting or recreational activity will be safe and appropriate for the type of event or service provided.
    4. User Conduct. PUP is not responsible for the conduct of any User. In no event shall PUP or any PUP Party (as defined below) be liable (directly or indirectly) for any Provider losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a User or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or registrations with, or purchases by Users through the Service. Service Provider hereby agrees that it is its responsibility to, and it shall, take all necessary precautions in all interactions with Users.
    5. Fees and Payment. PUP may charge a transaction fee on transactions made through the Service in accordance with the PUP Fee Schedule when/where applicable. Provider PUP shall issue an invoice for its transaction fee by means of online-payment, e-mail, fax or using the postal service. In cases where payment is required, payment must be completed prior to participating in the event/game. If Payment services are required, payment processing services will be provided by [Stripe] and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement or continuing to operate as a Provider on the PUP Service each Provider hereby agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PUP enabling payment processing services through Stripe, Provider agrees to provide PUP accurate and complete information about Provider and its business, organization or association and Provider hereby authorizes PUP to share such corporate information and transaction information related to Provider’s use of the payment processing services provided by Stripe.
    6. Users as Providers. A User who provides recreational or sporting activities, including coaching or other instructional services or who organizes sporting or recreational activities for Users, regardless of whether fees are charged for such activities, products or services, will, for the purposes of such interactions with other Users, be considered to be a Provider for the purposes of this Agreement.
    7. Liability to Users. Providers are solely responsible for their interactions with Users and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by a User as a result of a User’s interaction with such Provider or visit to such Provider’s facility or event or from any product or service of any Provider.

15. Third Party Links

    1. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by PUP and other third parties and links to other web sites or resources. You acknowledge and agree that PUP is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that PUP 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 upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

16. Disclaimer of Warranties

    1. Users acknowledge, understand and expressly agree that PUP does not have control over the quality, timing, legality, characteristics or any other aspect whatsoever of the events, facilities, activities, products or services actually delivered or provided by any User or Provider. PUP makes no representations or warranties regarding the suitability, reliability, timeliness, and accuracy of the events, facilities or services provided by Providers, whether in public, private or offline interactions, or arranged through the PUP Service. PUP does not assume any responsibility for the accuracy or reliability of any information provided through the PUP Site or the PUP App or by Providers. PUP does not assume and expressly disclaims any and all liability that may result from the use of any information provided through the PUP Site, the PUP App or the Service or through Providers listed with the Service.
    2. THE SERVICE, ALL PUP CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PUP SITE, THE PUP APP OR THE SERVICE, ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. PUP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. PUP DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT PUP WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE BY USERS OR PROVIDERS FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. PUP SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PUP.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
    4. THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Limitation of Liability

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PUP PARTIES BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE PUP SITE, THE PUP APP, THE SERVICE, THE PROVIDER CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICE), OR (4) YOUR VISIT TO ANY PROVIDER’S FACILITY OR EVENT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY PROVIDER. Each User hereby releases the PUP Parties from any and all Claims referred to in (4) above and section 12(g) of this agreement.
    2. IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A ONE TIME PAYMENT OF ONE HUNDRED CANADIAN DOLLARS (CDN$100).
    3. You understand and agree that the disclaimers, exclusions, and limitations in Sections 13 and 14 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that PUP would be unable to make the Service available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

18. Indemnity by You

    1. You agree to indemnify and hold the PUP Parties harmless from any loss, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or User Content you post in the Service, and the violation of any law or regulation by you. PUP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PUP in connection therewith.

19. Arbitration and Governing Law

    1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be binding arbitration under the Arbitration Act (Ontario). You may not under any circumstances commence or maintain against PUP any class action, class arbitration, or other representative action or proceeding.
    2. This Agreement, and any dispute between you and PUP, shall be governed by the laws of the Province of Ontario without regard to principles of conflicts of law.
    3. 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 THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

20. Assignment

    1. This Agreement, the rights granted, and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by PUP.

21. General Terms

    1. This Agreement, together with the PUP Privacy Policy, the PUP Policies and any specific guidelines or rules that are separately posted by PUP for particular services or offers in the Service, contains the entire agreement between you and PUP regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of PUP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind PUP in any manner. The section headings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

22. PUP Contact Information

    1. The PUP Site, the PUP App and the Service are operated and provided by PUP Inc. Toronto, Ontario, Canada. If you have any questions about this Agreement, please contact us at contact@getpup.pro

The Terms & Conditions Policy was last update February 2024