THE TERMS AND CONDITIONS (the "T&C") SET OUT BELOW, DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE PICKPAPA.COM WEBSITE (the "Website") AND THE SERVICES AVAILABLE THEREON (the "Services"). SUCH TERMS ARE REFERRED TO AS THE "Agreement".
By accessing the Website, you indicate that you agree to be bound by the terms and conditions of this Agreement. As used in this Agreement, the terms the "Company", "we", "our" or "us" refer to Raketech Inc and its affiliates and service providers.
You can contact us by email, phone or mail (please refer to https://pickpapa.com/contact)
The terms "you" and "your" refer to any person or entity who uses the Website or the Services.
We may amend this Agreement (including the T&C and/or the Appendixes), in whole or in part, at any time, without notice to you, by posting the amended terms and conditions on the Website. We suggest that from time to time you review the terms of services for possible changes. You understand that your continued use of the Website after a change has been posted constitutes acceptance of the amended terms and conditions. We ask you to read these terms and conditions and our privacy policy carefully before accessing the Website or using the Services. If you do not agree with all the terms and conditions and the privacy policy, please stop using the Website and/or the Services.
All data and information contained on or within the Website cannot be rebroadcast, reproduced or retransmitted in whole or in part in any matter - either in print form or electronically via the Internet, included but not limited to other Internet sites, newsgroups, posting boards, and forums, etc., - without our written consent.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE COMPANY OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT THE COMPANY' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL EXCEED ONE HUNDRED DOLLARS ($100).
THE WEBSITE AND THE SERVICES ARE PROVIDED FOR YOUR NON-COMMERCIAL ENTERTAINMENT AND ENJOYMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A) THE COMPANY AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE WEBSITE AND THE SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE." BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE;
B) THE COMPANY AND ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE WEBSITE, OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR EXPECTATIONS (ii) THE WEBSITE, OR THE SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS ON ANY SOFTWARE OPERATING THE WEBSITE WILL BE CORRECTED;
C) NO WARRANTY IS PROVIDED IN CONNECTION WITH ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU MAY SUFFER IN CONNECTION WITH ANY DOWNLOAD FROM OUR WEBSITE (INCLUDING LOSS OF DATA).
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH SERVICES ARE PROVIDED OR REQUESTED THROUGH THE WEBSITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE WEBSITE OR SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE WEBSITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE WEBSITE OR SERVICES.
The Website may contain links to other websites or resources for your convenience and reference. However, the presence of these links does not warrant, represent, or show that we endorse or agree with the information or product found in them. We do not control or review websites or resources linked to our Website. Your choice to link to these websites is up to you, and we shall not be held responsible for any harm that might result from linking or using services or products on those websites.
ALL OF YOUR BUSINESS DEALINGS WITH ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
You shall indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Website or Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
The content and all intellectual property pertaining the Website and Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by the Company or third parties, and all right, title and interest therein and thereto shall remain the property of the Company and/or such other third parties. The Website and Services may be used only for the purposes permitted by this Agreement or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the Website, Services or any portion thereof for any public or commercial use without the express written permission of the Company. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name PickPapa and other names and indicia of ownership of the Company's products and/or services referenced on this site are the exclusive marks of the Company. Other product, service and company names appearing on the site may be trademarks of their respective owners.
The Website and Services are directed to persons at least 18-year-old, or at least 21-year-old in the United States. The Website and Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the Website and Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the Website and Services including, without limitation, the laws of your country or USA State of residence and the laws of the country or USA State in which the Services will ultimately be received. Each time you access the Website and/or use the Services, you represent and warrant to the Company that such access and/or use is: (i) entirely legal for you and the Company both in your country or US State of residence and in any country or US State directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement.
For privacy reasons, our staff use professional sobriquets. No association with any real person with the same or similar name is intended or should be inferred.
We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.
This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and the Company and supersedes and terminates all prior agreements or understandings you may have with the Company.
We will not respond unless required to do so by law to any e-mail sent to us that contains threatening, malicious, pornographic, obscene, defamatory or other illegal or inappropriate material. We cannot and do not guarantee to respond to e-mails.
We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
The Company, in its entire discretion, may terminate the Services or restrict your access to them without any prior notice to you in case: (i) there is a regulatory or statutory restriction limiting our ability to provide the Services; (ii) there is an event beyond our reasonable control preventing us from continuing to provide the Services, or limiting our ability to provide the Services; (iii) we consider in our sole discretion that any user abuses the Services provided by the Website or acts in breach of this Agreement (iv) users reside in territories we reserve the right to consider restricted to provide the Services; and (v) there are other reasons we deem convenient to do so.
Notices to you may be made via either email or regular mail. We may also inform you about matters, by displaying notices or links on the Website.
In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.
Any action related to the Website or Services will be governed by Maryland law without regard to its conflict of laws principles. All disputes relating to the Website or Services will be adjudicated in the State or Federal courts located in Naperville, Illinois.