Terms and Conditions
ACCEPTANCE OF TERMS
By attempting to become a "member" and/or by clicking "Submit," you ("Member") signify your express consent to these terms and conditions (“Agreement”). If you do not agree to the terms of this Agreement in their entirety, you are not permitted to use the Site and should not click "Submit." Please check the Site and this Agreement periodically for changes, as Pickupboard.com reserves the right to revise this Agreement at any time. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. By your continued use of the Site, you hereby agree to all of the terms and conditions contained within the Agreement effective at that time. Pickupboard.com reserves the right to terminate a Member's use of the Site at any time, with or without notice, for any reason including, but not limited to, for Member's breach of this Agreement or any instructions contained on the Site.
YOU MUST BE OVER EIGHTEEN (18) YEARS OF AGE AND A RESIDENT OF THE UNITED STATES TO BECOME A MEMBER
This Agreement must be completed, understood and agreed to by a person over
eighteen (18) years of age who is also a resident of the
LICENSE TO USE THE SITE AND BECOME A MEMBER
Upon Pickupboard.com’s acceptance of your request to become a Member, as indicated by your express consent to this Agreement, Pickupboard.com hereby grants you a revocable, non-exclusive, non-transferable and limited license to use the Site and participate in our Programs in strict accordance with the terms and conditions of this Agreement and as permitted via other instructions contained on the Site. You acknowledge and agree that all content and materials made available on the Site are the property of Pickupboard.com and its advertisers and licensors and are protected by applicable copyrights, moral rights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws, in the United States and internationally. Pickupboard.com may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, maliciously manipulate any URL or transfer the Site, Site content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Site or Pickupboard.com infrastructure. Your right to use the Site is not transferable. All rights not expressly granted herein are fully reserved by Pickupboard.com, its advertisers and licensors, as applicable.
LICENSE RESTRICTIONS
Security
You are responsible for maintaining the confidentiality of your Member Account and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Member Account, including, but not limited to, any purchases.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via the Site or any Third Party Partner’s Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Pickupboard.com shall pursue such penalties to the full extent of the law, and in equity, in order to protect our rights and the rights of our Third Party Partners and other affiliates and business relations.
No International Members
Accessing the Site, and services, products or content available on the Site
from places outside the
TERMINATION
Pickupboard.com may terminate this Agreement, with or without cause, at any time where: (a) Member is in violation or breach of any provision hereof; (b) Member is acting against the business interests of Pickupboard.com; (c) Member is publicly speaking negatively about Pickupboard.com; (d) Member is acting unlawfully or improperly; or (e) Pickupboard.com deems it appropriate in its sole discretion.
MEMBER'S LICENSE GRANT TO SITE
By submitting or communicating your personal information to Pickupboard.com through the Site or otherwise (collectively "Submissions"), you grant Pickupboard.com the right to use the information contained in such Submissions for any and all purposes.
TRADEMARKS
The materials, services and products referenced on the Site are common law or registered trademarks or service marks of Pickupboard.com, its Third Party Partners, licensors, advertisers, merchants or other third parties, as applicable, and you agree never to use same without the express written permission of the applicable party.
THIRD PARTY SITES
You may be transferred to online merchants or other third party websites through links or frames contained on the Site. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your information. Because Pickupboard.com has no control over such third party websites and/or resources, you hereby acknowledge and agree that Pickupboard.com is not responsible for the availability of such third party websites and/or resources. Furthermore, Pickupboard.com does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising there from. The inclusion of a link or frame to such websites does not imply endorsement of such websites by Pickupboard.com and any association with its operators is provided solely for your convenience. You agree that Pickupboard.com has no liability whatsoever in connection with such third party websites and your usage thereof.
DISCLAIMER OF WARRANTIES
THE SITE, THE PROGRAMS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PICKUPBOARD.COM MAKES NO WARRANTY THAT: (A) THE SITE, THE PROGRAMS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE PROGRAMS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE OF OUR THIRD PARTY PARTNERS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE SITE, THE PROGRAMS AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US, OR ONE OF OUR THIRD PARTY PARTNERS, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PICKUPBOARD.COM, ANY OF ITS THIRD PARTY PARTNERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PICKUPBOARD.COM SHALL NOT BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PICKUPBOARD.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE PROGRAMS,
GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US OR ONE
OF OUR THIRD PARTY PARTNERS; (B) THE USE OR INABILITY TO USE ANY GIFTS, AS WELL
AS THE ASSOCIATED PERFORMANCE OR LACK OF PERFORMANCE ON THE PART OF ANY THIRD
PARTY PARTNER; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GIFTS, GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED
OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (D) THE FAILURE
TO QUALIFY FOR A GIFT BY COMPLETING THE PROGRAM TERMS ESTABLISHED BY ANY OF
PICKUPBOARD.COM’S THIRD PARTY PARTNERS; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION
OF, YOUR PERSONAL INFORMATION; AND (F) ANY OTHER MATTER RELATING TO THE SITE,
THE PROGRAMS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM
US OR ONE OF OUR THIRD PARTY PARTNERS. THIS LIMITATION APPLIES TO ALL CAUSES
OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY
AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE PICKUPBOARD.COM AND ALL OF
PICKUPBOARD.COM’S THIRD PARTY PARTNERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES
NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PICKUPBOARD.COM OR ANY
THIRD PARTY PARTNER TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED
AND FIFTY DOLLARS ($250). YOU HEREBY RELEASE PICKUPBOARD.COM AND ALL OF
PICKUPBOARD.COM’S THIRD PARTY PARTNERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES
AND CLAIMS IN EXCESS OF THE LIMITATIONS SET
INDEMNIFICATION
You agree to indemnify and hold Pickupboard.com, its Third Party Partners, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Programs; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Pickupboard.com, its Third Party Partners, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. Pickupboard.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Pickupboard.com in asserting any available defenses.
LEGAL COMPLIANCE
Pickupboard.com may suspend or terminate this Agreement or Member's use of the Site immediately upon receipt of any notice which alleges that Member has used the Site for any purpose that violates any local, state or federal law including, but not limited to, the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations. In such an event, Pickupboard.com may disclose the Member's identity and contact information, if requested by a governmental or law enforcement body or as a result of a subpoena or other legal action, and Pickupboard.com shall not be liable for damages or results there from and Member agrees not to bring any action or claim against Pickupboard.com for such disclosure.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are filtering devices that are commercially available which may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
In accordance with Cal. Civ. Code Sec. 1789.3,