If you are agreeing to these terms on behalf of an entity, you hereby represent and warrant that you have the necessary power and authority to bind such entity to these terms.
1. The Service. The pop-up go website (also known as, the “Platform”) provides a marketplace for individuals and entities who own or have the legal right to license or otherwise grant rights in respect of either commercial or residential properties (“Listers”) to connect with individuals and entities who wish to license such commercial (“Listed Properties”) on a short-term basis (“Seekers”) (the “Service”).
You understand and acknowledge that pop-up go only provides a marketplace for connecting Listers with Seekers. pop-up go does not own, sell, furnish, lease, provide, re-rent, manage, control or otherwise make available any of the properties listed on the platform. pop-up go are not real estate agents or brokers, and pop-up go does not act as brokers or agents for any of the Listers who list Listed Properties on the Platform.
2. Eligibility. You must be at least eighteen years old to register for the Services. If you are registering as a Lister, you must have the authority and capacity to enter into valid, legally binding license contracts in respect of the Listed Properties that you are listing on the Platform. If you are using the Services as a Seeker, you have the authority to enter into license agreements in respect of the Listed Property You are seeking to license
3. Registration. As a Lister, when you register for the Services and create an account, pop-up go will collect your email address and other personal information. You will also be required to create a password. You are responsible for all activities that occur on your account, so please select a strong password and do not share it with any other person.
4. Listing Properties. Once you have registered to the Platform, You can start listing Properties. In order to list a property, You must provide information about the Listed Property’s availability, location, property fees, size, capacity, amenities, and additional terms governing the access to and use of the space such as whether a security deposit is required, and whether there is a minimum booking term. You can also provide a description of the space, and upload photos of the Listed Property. pop-up go reserves the right, but is under no obligation, to review all proposed Listed Property listings, and pop-up go reserves the right, in our sole discretion, to refuse to list any Listed Properties.
It is Your sole and exclusive responsibility to ensure that any of the terms of any license or other grant of rights to use any and all Listed Properties You list on the Platform comply with the terms of Your own lease agreement with Your landlord (if any), and/or with any building code requirements, zoning regulations, bylaws and any other contractual or statutory rules, regulations and obligations. By posting a Listed Property on the Platform, You hereby represent and warrant that You have the necessary authority, and have all necessary rights and permissions to list such Listed Properties for the uses indicated in Your posting, on the terms set forth in your posting and that no listing on the Platform, or license or grant of rights in respect of a Listed Property to a Seeker or the use of the Listed Property in conformance with the specifications set forth in the listing information will cause You or any Seeker or other third party to be in breach of any contractual obligation or in violation of any applicable laws, regulations or rules including lease agreements, building code rules and municipal by-laws. If you are unsure about whether you have sufficient rights to the property to list it on the website, pop-up go strongly encourage you to consult your landlord, or a lawyer.
5. Booking Properties. Once You have registered for the Platform You can search for Listed Properties, either by searching a specific city or neighborhood, or by browsing properties listed on the Platform. Once you find a Listed Property you are interested in, you can contact the Lister through the Platform. In order to book a space, you may be required to agree to additional terms set by the Lister, such as a cancellation policy, or rules governing the use of the Listed Property.
7. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Platform by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not pop-up go, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. pop-up go does not control or actively monitor all User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will pop-up go be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the website, and/or Service You shall not:a. copy any content unless expressly permitted to do so herein;
b. upload, post, email, transmit or otherwise make available any material that:
d. circumvent the Platform and make arrangements in respect of the use of a Listed Property other than through the Platform;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Platform or impersonate another person or organization;
f. interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
g. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
h. collect or store personal data about other users or viewers;
i. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the website;
j.modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
k. register for the Service on behalf of a group or corporate entity.
You also agree not to access the Platform in a manner that utilizes the resources of the Platform more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Platform.
9. License of Content. By submitting, posting or displaying User Content on or through the Service, You grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. pop-up go will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
10. End User License. Except for User Content, this Platform, and the information and materials that it contains, including photographs, are the property of pop-up go and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, pop-up go grants you a non-transferable, non-exclusive, license to use the website for your use (the “License”). Nothing in the Terms gives You a right to use the pop-up go names, trademarks, logos, domain names, and other distinctive brand features without prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Platform. Any future release, update, or other addition to functionality of the Platform shall be subject to these Terms.
11. Feedback. If You provide pop-up go with any suggestions, comments or other feedback relating to any aspect of the Platform and/or Service ("Feedback"), pop-up go may use such Feedback in the Platform or in any other pop-up go products or services (collectively, " pop-up go Offerings"). Accordingly, You agree that: (a) pop-up go is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to pop-up go, (c) pop-up go (including all of its successors and assigns and any successors and assigns of any of the pop-up go Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any pop-up go Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from pop-up go or any of the other users of the Platform in respect of the Feedback.
12. Advertising. You acknowledge and agree that the Platform may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Platform, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that pop-up go shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Platform and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees).
13. Data Fees and Equipment. You shall be solely responsible for any such fees and for obtaining any equipment that is required to access the website, including without limitation, the purchase of a mobile device, a data plan, computer and Internet fees. It is Your responsibility to ascertain whether any information or materials downloaded from the Platform are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
14. Links & Third-Party websites. This Platform (including User Content) may contain links to other websites that are not owned or controlled by pop-up go. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by pop-up go of that third party, third party product or service. pop-up go is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Platform are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Platform of a link to any other website(s) does not imply that pop-up go endorses or accepts any responsibility for the content or use of such websites, and You hereby release pop-up go from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
15. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." pop-up go SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. pop-up go DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND pop-up go SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. pop-up go WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL pop-up go BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (I) LOSSES NOT CAUSED BY OUR BREACH; (II) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USERS. INCLUDING SEEKERS AND LISTERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OF EXPENSES RESULTING THEREFROM; (III) THE ACTIONS, INACTIONS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF SEEKERS OR LISTERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM; (IV) INDIRECT LOSSES WHICH MEANS LOSS TO YOU WHICH IS A SIDE EFFECT OF THE MAIN LOSS OR DAMAGE AND WHERE WE COULD NOT HAVE REASONABLY ANTICIPATED THAT TYPE OF LOSS ARISING AT THE TIME OF ENTERING INTO THIS AGREEMENT, INCLUDING INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES; (V) FAILURE TO PROVIDE OR TO MEET ANY OF OUR OBLIGATIONS UNDER THIS AGREEMENT WHERE SUCH DELAY, CANCELLATION OR FAILURE IS DUE TO EVENTS BEYOND OUR CONTROL (E.G., A NETWORK FAILURE, INTERNET DELAYS, REROUTING ACTS OF ANY GOVERNMENT OR AUTHORITY, ACTS OF NATURE, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, WEATHER, OR ROAD CONDITIONS AND BREAKDOWNS); (VI) IF FOR ANY REASON, ALL OR ANY PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD; (VII) COST OF PROCUREMENT OF SUBSTITUTE GOODS; (VIII) ANY DAMAGES TO PERSONAL PROPERTY ARISING FROM BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE; AND (IX) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE PLATFORM OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM. THESE LIMITATIONS SHALL APPLY EVEN IF pop-up go HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, pop-up go’S 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 FIFTY CAD DOLLARS ($50). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
17. Release. Because pop-up go does not supervise or control interactions between Listers and Seekers, and because pop-up go cannot guarantee the true identity, age or nationality of Listers or Seekers and because pop-up go has very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Platform and Services, You agree that You bear all risk and You agree to release pop-up go (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Platform and Services, Your interactions and transactions with other users, Your third party transactions, and our resolution of any disputes between Listers and Seekers. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
19. Availability & Updates. pop-up go may alter, suspend, or discontinue this Platform at any time and for any reason or no reason, without notice. The website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. pop-up go may periodically add or update the information and materials on this Platform without notice.
20. Security. Information sent or received over the Internet is generally unsecure and pop-up go cannot and does not make any representation or warranty concerning security of any communication to or from the Platform or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Service and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. pop-up go will not be liable for any loss or damage arising from Your failure to comply with these requirements.
21. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM pop-up go.
22. Class Action Waiver/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS POP-UP GO AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND pop-up go ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.