Terms & Conditions
Terms & Conditions
YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE MAKING A PURCHASE.
Acceptance of Terms and Conditions
You must accept the following terms and conditions prior to using the The Pen Counter website. By using the Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by these Terms and Conditions, which constitute the entire agreement between us. If you do not agree with each provision of these Terms and Conditions, or you are not authorized to agree to and accept these Terms and Conditions, or you do not have the legal authority to agree to and accept these Terms and Conditions, you may not use the Website.
Information about this Website
Any item purchased on this Website is subject to the warranty, guarantee, refund or return policy of The Pen Counter. See the Customer Service section of our website for more details.
The Process
1. You provide us with some information
We need some information from you in order to accept your purchase and set up an account for you (your "Account"). Other information will be kept by us to assist us in operating our business, for example for contacting you in the event of a problem. Click here to see our Privacy Policy.
This information shall be true, accurate, current and complete; shall not be false, inaccurate or misleading; shall not be fraudulent; shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation; shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene or pornographic; shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not create liability for us or cause us to lose (in whole or in part) the services provided to us by third parties.
You will be required to confirm or update your Account on every occasion of purchase on the Website or within 30 days of any change in your information, whichever is sooner. We may require a copy of a government-issued form of identification before making any requested changes.
The Pen Counter is relying on the accuracy of your information. You are solely responsible for any loss, damage, and additional costs that you, The Pen Counter or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your information.
2. We provide you with an Account
When you accept these Terms and Conditions you are given an Account, which may be accessed only by use of a unique login name and password. The Pen Counter continues to have access to the password-protected information. Login names and passwords may not be shared. For security reasons, we recommend that you keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Pen Counter representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis.
You must immediately notify The Pen Counter of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk. You must log out at the end of each session.
3. At the time of purchase
Products sold through the Website are described and provided by The Pen Counter. All sizes quoted are approximate.
Products may be purchased for delivery to an address located in Canada and the US. International shipping will be handled on a case by case basis. Products are also available for pick-up from the store U.N.Luggage.
The products displayed by our Store on the Website is an invitation for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be accepted only if and when The Pen Counter sends an order acceptance and shipping notice email to your email address.
If you wish to cancel an order, you must call U.N. Luggage at 1 (204) 943-1068. If The Pen Counter has already processed your order, it may not be possible to cancel it.
Pricing
All prices are quoted and payable in Canadian dollars. Prices quoted on the Website do not include shipping charges, GST, PST, QST or HST, which you may be required to pay.
Your Order
Purchase totals will appear on your order confirmation at the time of checkout. You will receive a "receipt" by email when the Store ships your order, or has it available for pick-up, and a "return receipt" if the Store processes a return on your behalf. Only goods delivered will be charged to your credit card account. Items shown to be in stock may be out of stock by the time your order is received by the Store.
Out of Stock
Your order will be processed by delivering those items that are in stock, and informing you of those items that are out of stock. You will only be charged for the items you receive. If you still wish to purchase the out of stock items, you will have to revisit the Website or contact the Store to obtain re-stocking information. You will have to place a new order when those out of stock items are again available.
Special Offers
The Store may offer limited-time sales values and special buys. Regular prices shown are the prices at which the products have been sold as of the date of their last price update. Prices are subject to change.
Misprints
At The Pen Counter we do our best to provide you with the most reliable and up to date information. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Website. Furthermore, we reserve the right to change the prices, fees and charges regarding the goods and services available through the Website at any time and from time to time without any notice or liability to you or any other person. In the event that you are shipped an incorrect product, we may accept the product back and offer a full refund.
Product Warranties
If a product is defective, the manufacturer's warranty applies if applicable.
Some Rules about your use of the Website
Ownership
The Website, the design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Pen Counter and/or its various subsidiaries, affiliates, third party providers and distributors, and is protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of The Pen Counter.
Trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and common law trademarks of their respective owners. The trademarks of Visa International and MasterCard International Incorporated are used under license. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of The Pen Counter or such other party that may own the applicable trademarks.
The Website may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The Pen Counter, except that you may download, display and print the materials presented on Website for your personal, non-commercial use only. unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
Passwords
All login names and passwords remain the property of The Pen Counter, and we may cancel or suspend them or your use of the Website without any notice or liability to you or any other person. The Pen Counter is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms and Conditions.
Your Use
You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
The Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software.
You must respond promptly to all email and other correspondence from The Pen Counter, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.
You may not change, supplement, or amend these Terms and Conditions in any manner. If these Terms and Conditions or your permission to use the Website is terminated for any reason, these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your purchases of goods and services through the Website and anything connected with, relating to or arising from those matters. If you are under the legal age of majority and wish to purchase goods displayed on our Website, you must have a parent or legal guardian make the purchase for you.
Contests
The Pen Counter may make contests available to users of the Website. All contests are governed by these Terms and Conditions and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of these Terms and Conditions and the applicable Contest Rules.
Our Rights
We reserve the right to limit quantities, refuse orders, terminate accounts, and cancel orders in our discretion.
We may change these Terms and Conditions and the Website, including without limitation information with respect to products offered, availability, content and pricing. By using any of The Pen Counter services, including the Website, you agree to be bound by such changes and the Terms and Conditions in force at the time of your use. If we decide to change our Terms and Conditions, we will post those changes on the Website. The Pen Counter may cause software to be available for you to download from the Website or through other Website. The software is protected by copyright, and your downloading and use of the software are governed by such transaction and software licence agreements as may be specific to the software.
DISCLAIMER
Risk of Loss
Any products purchased from the Website are delivered to you from The Pen Counter by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products pass from The Pen Counter to the purchaser at the time of delivery, subject to the delivery company's obligations.
No Advice or Solicitation
The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; advice or recommendations; or an offer to sell or buy any product or service. You should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Website.
Liability
Your use of the Website is at your own risk. Except where contained herein, The Pen Counter makes no representations, warranties, or conditions of any kind, regarding any of the following:
(a) the Website;
(b) the operation of the Website or its compatibility with your computer and related equipment and software
(c) the content or data found on the Website
(d) fitness of the Website or anything contained therein for a particular purpose
(e) that certain or any results may be obtained through the use of the Website
(f) that the use of the Website will not infringe the rights (including intellectual property rights) or any person
all of which are provided on an "as is" and "as available" basis.
The operation of the Website may be affected by numerous factors beyond our control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
The Pen Counter is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
The Pen Counter assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website. In no event shall The Pen Counter be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Website for purchases), of the performance or non-performance by The Pen Counter, even if such party has been advised of the possibility of damages by such parties or any other party. You (and not The Pen Counter) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Website.
The Pen Counter is under no obligation to verify the identity of users of the Website.
Release
You hereby release, remise and forever discharge each of The Pen Counter and its respective agents, directors, officers, employees, information providers, service providers, supplies, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website.
Indemnification
You shall indemnify, defend and save harmless The Pen Counter its respective agents, directors, officers, employees, information providers, service providers, supplies, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liability, claim, cause of action or demand, expense and cost, including without limitation reasonable legal, accounting and other professional fees, incurred by the Indemnified Parties in connection with any claim, cause of action or demand arising out of, related to, or connected with your use of the Website or your breach of these Terms and Conditions. You will assist and co-operate as fully and as reasonably required by the Indemnified Parties in the defence of any such claim, cause of action or demand.
Limitations
Advice and information provided by The Pen Counter or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend these Terms and Conditions, including the above Liability Disclaimer, Maximum Liability, Release and Indemnification provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The Liability Disclaimer, Maximum Liability and Release and Indemnification provisions in these Terms and Conditions survive indefinitely after the termination of these Terms and Conditions.
Links
The Website may contain links to other Website which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by The Pen Counter of the linked website or information contained therein. The Pen Counter shall not be responsible for the content of any other Website and makes no representation or warranty regarding any other Website or the contents or materials on such Website. If you decide to access other Websites, you do so at your own risk.
Additional Terms
You consent to the use of your information by The Pen Counter in accordance with the terms of and for the purposes set forth in The Pen Counter Privacy Policy and to the use of this Website is in accordance with the policies listed above.
A few legal points
The provisions of these Terms and Conditions will enure to the benefit of each of The Pen Counter and its respective successors and assigns and enure to the benefit of and be binding upon you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign your rights or obligations under these Terms and Conditions. The Pen Counter may assign these Terms and Conditions and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted by these Terms and Conditions are reserved to The Pen Counter
In the event that any provision contained herein is unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect them.
Governing Law
These Terms and Conditions and their performance shall be governed by the laws of Manitoba, Canada. You consent and submit to the exclusive jurisdiction of the courts located in Winnipeg, Manitoba, Canada, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, these Terms and Conditions, or any related matters must be brought in a court of competent jurisdiction in Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Language - Langue
The parties have expressly requested and required that these Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Termes et Conditions et tous les documents qui s'y rapportent soient rédigés en anglais.
Feedback
Visitors to the Website may provide feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant The Pen Counter a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Customer Content. You also grant The Pen Counter the right to use the name you submit with the Customer Content, if any, in connection with The Pen Counter rights here under.
Questions or Suggestions
If you have questions or suggestions, please send an email to jon@unluggage.com.
YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE MAKING A PURCHASE.
Acceptance of Terms and Conditions
You must accept the following terms and conditions prior to using the The Pen Counter website. By using the Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by these Terms and Conditions, which constitute the entire agreement between us. If you do not agree with each provision of these Terms and Conditions, or you are not authorized to agree to and accept these Terms and Conditions, or you do not have the legal authority to agree to and accept these Terms and Conditions, you may not use the Website.
Information about this Website
Any item purchased on this Website is subject to the warranty, guarantee, refund or return policy of The Pen Counter. See the Customer Service section of our website for more details.
The Process
1. You provide us with some information
We need some information from you in order to accept your purchase and set up an account for you (your "Account"). Other information will be kept by us to assist us in operating our business, for example for contacting you in the event of a problem. Click here to see our Privacy Policy.
This information shall be true, accurate, current and complete; shall not be false, inaccurate or misleading; shall not be fraudulent; shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; shall not violate any law, statute, ordinance or regulation; shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene or pornographic; shall not contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and shall not create liability for us or cause us to lose (in whole or in part) the services provided to us by third parties.
You will be required to confirm or update your Account on every occasion of purchase on the Website or within 30 days of any change in your information, whichever is sooner. We may require a copy of a government-issued form of identification before making any requested changes.
The Pen Counter is relying on the accuracy of your information. You are solely responsible for any loss, damage, and additional costs that you, The Pen Counter or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your information.
2. We provide you with an Account
When you accept these Terms and Conditions you are given an Account, which may be accessed only by use of a unique login name and password. The Pen Counter continues to have access to the password-protected information. Login names and passwords may not be shared. For security reasons, we recommend that you keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Pen Counter representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis.
You must immediately notify The Pen Counter of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk. You must log out at the end of each session.
3. At the time of purchase
Products sold through the Website are described and provided by The Pen Counter. All sizes quoted are approximate.
Products may be purchased for delivery to an address located in Canada and the US. International shipping will be handled on a case by case basis. Products are also available for pick-up from the store U.N.Luggage.
The products displayed by our Store on the Website is an invitation for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be accepted only if and when The Pen Counter sends an order acceptance and shipping notice email to your email address.
If you wish to cancel an order, you must call U.N. Luggage at 1 (204) 943-1068. If The Pen Counter has already processed your order, it may not be possible to cancel it.
Pricing
All prices are quoted and payable in Canadian dollars. Prices quoted on the Website do not include shipping charges, GST, PST, QST or HST, which you may be required to pay.
Your Order
Purchase totals will appear on your order confirmation at the time of checkout. You will receive a "receipt" by email when the Store ships your order, or has it available for pick-up, and a "return receipt" if the Store processes a return on your behalf. Only goods delivered will be charged to your credit card account. Items shown to be in stock may be out of stock by the time your order is received by the Store.
Out of Stock
Your order will be processed by delivering those items that are in stock, and informing you of those items that are out of stock. You will only be charged for the items you receive. If you still wish to purchase the out of stock items, you will have to revisit the Website or contact the Store to obtain re-stocking information. You will have to place a new order when those out of stock items are again available.
Special Offers
The Store may offer limited-time sales values and special buys. Regular prices shown are the prices at which the products have been sold as of the date of their last price update. Prices are subject to change.
Misprints
At The Pen Counter we do our best to provide you with the most reliable and up to date information. In the event that an error does occur, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Website. Furthermore, we reserve the right to change the prices, fees and charges regarding the goods and services available through the Website at any time and from time to time without any notice or liability to you or any other person. In the event that you are shipped an incorrect product, we may accept the product back and offer a full refund.
Product Warranties
If a product is defective, the manufacturer's warranty applies if applicable.
Some Rules about your use of the Website
Ownership
The Website, the design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of The Pen Counter and/or its various subsidiaries, affiliates, third party providers and distributors, and is protected under the copyright laws of Canada and other countries. None of the content found on the Website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of The Pen Counter.
Trademarks and design marks displayed on the Website (collectively, the "Trademarks") are registered and common law trademarks of their respective owners. The trademarks of Visa International and MasterCard International Incorporated are used under license. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of The Pen Counter or such other party that may own the applicable trademarks.
The Website may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The Pen Counter, except that you may download, display and print the materials presented on Website for your personal, non-commercial use only. unauthorized use of the Website and/or the materials contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.
Passwords
All login names and passwords remain the property of The Pen Counter, and we may cancel or suspend them or your use of the Website without any notice or liability to you or any other person. The Pen Counter is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms and Conditions.
Your Use
You are prohibited from contributing, posting or transmitting any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
The Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software.
You must respond promptly to all email and other correspondence from The Pen Counter, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Website.
You may not change, supplement, or amend these Terms and Conditions in any manner. If these Terms and Conditions or your permission to use the Website is terminated for any reason, these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and your purchases of goods and services through the Website and anything connected with, relating to or arising from those matters. If you are under the legal age of majority and wish to purchase goods displayed on our Website, you must have a parent or legal guardian make the purchase for you.
Contests
The Pen Counter may make contests available to users of the Website. All contests are governed by these Terms and Conditions and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of these Terms and Conditions and the applicable Contest Rules.
Our Rights
We reserve the right to limit quantities, refuse orders, terminate accounts, and cancel orders in our discretion.
We may change these Terms and Conditions and the Website, including without limitation information with respect to products offered, availability, content and pricing. By using any of The Pen Counter services, including the Website, you agree to be bound by such changes and the Terms and Conditions in force at the time of your use. If we decide to change our Terms and Conditions, we will post those changes on the Website. The Pen Counter may cause software to be available for you to download from the Website or through other Website. The software is protected by copyright, and your downloading and use of the software are governed by such transaction and software licence agreements as may be specific to the software.
DISCLAIMER
Risk of Loss
Any products purchased from the Website are delivered to you from The Pen Counter by a third party delivery company, pursuant to a shipping contract. The risk of loss for such products pass from The Pen Counter to the purchaser at the time of delivery, subject to the delivery company's obligations.
No Advice or Solicitation
The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; advice or recommendations; or an offer to sell or buy any product or service. You should seek professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Website.
Liability
Your use of the Website is at your own risk. Except where contained herein, The Pen Counter makes no representations, warranties, or conditions of any kind, regarding any of the following:
(a) the Website;
(b) the operation of the Website or its compatibility with your computer and related equipment and software
(c) the content or data found on the Website
(d) fitness of the Website or anything contained therein for a particular purpose
(e) that certain or any results may be obtained through the use of the Website
(f) that the use of the Website will not infringe the rights (including intellectual property rights) or any person
all of which are provided on an "as is" and "as available" basis.
The operation of the Website may be affected by numerous factors beyond our control. The operation of the Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
The Pen Counter is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
The Pen Counter assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Website or your downloading of any materials, data, text, images, video or audio from the Website. In no event shall The Pen Counter be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the Website or content found herein, any failure or delay (including, but not limited to the use of or inability to use any component of the Website for purchases), of the performance or non-performance by The Pen Counter, even if such party has been advised of the possibility of damages by such parties or any other party. You (and not The Pen Counter) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the Website.
The Pen Counter is under no obligation to verify the identity of users of the Website.
Release
You hereby release, remise and forever discharge each of The Pen Counter and its respective agents, directors, officers, employees, information providers, service providers, supplies, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the Website.
Indemnification
You shall indemnify, defend and save harmless The Pen Counter its respective agents, directors, officers, employees, information providers, service providers, supplies, suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the "Indemnified Parties") from and against any and all liability, claim, cause of action or demand, expense and cost, including without limitation reasonable legal, accounting and other professional fees, incurred by the Indemnified Parties in connection with any claim, cause of action or demand arising out of, related to, or connected with your use of the Website or your breach of these Terms and Conditions. You will assist and co-operate as fully and as reasonably required by the Indemnified Parties in the defence of any such claim, cause of action or demand.
Limitations
Advice and information provided by The Pen Counter or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend these Terms and Conditions, including the above Liability Disclaimer, Maximum Liability, Release and Indemnification provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The Liability Disclaimer, Maximum Liability and Release and Indemnification provisions in these Terms and Conditions survive indefinitely after the termination of these Terms and Conditions.
Links
The Website may contain links to other Website which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by The Pen Counter of the linked website or information contained therein. The Pen Counter shall not be responsible for the content of any other Website and makes no representation or warranty regarding any other Website or the contents or materials on such Website. If you decide to access other Websites, you do so at your own risk.
Additional Terms
You consent to the use of your information by The Pen Counter in accordance with the terms of and for the purposes set forth in The Pen Counter Privacy Policy and to the use of this Website is in accordance with the policies listed above.
A few legal points
The provisions of these Terms and Conditions will enure to the benefit of each of The Pen Counter and its respective successors and assigns and enure to the benefit of and be binding upon you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign your rights or obligations under these Terms and Conditions. The Pen Counter may assign these Terms and Conditions and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under these Terms and Conditions will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted by these Terms and Conditions are reserved to The Pen Counter
In the event that any provision contained herein is unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect them.
Governing Law
These Terms and Conditions and their performance shall be governed by the laws of Manitoba, Canada. You consent and submit to the exclusive jurisdiction of the courts located in Winnipeg, Manitoba, Canada, in all disputes arising out of or relating to the use of the Website and these Terms and Conditions.
Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, these Terms and Conditions, or any related matters must be brought in a court of competent jurisdiction in Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Language - Langue
The parties have expressly requested and required that these Terms and Conditions and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Termes et Conditions et tous les documents qui s'y rapportent soient rédigés en anglais.
Feedback
Visitors to the Website may provide feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant The Pen Counter a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Customer Content. You also grant The Pen Counter the right to use the name you submit with the Customer Content, if any, in connection with The Pen Counter rights here under.
Questions or Suggestions
If you have questions or suggestions, please send an email to jon@unluggage.com.