Site Terms Of Use
Please Read Carefully Before Using This Website:
Pick-Up Pals, Inc. maintains this site for information, professional and business communication purposes. This Webpage contains the Terms of Use governing your access to and use of the Website (the "Website" or "Site"). Additional terms and conditions may appear on specific pages or in other regions of the Site, for particular services or transactions; those additional terms and conditions, together with the Terms of Use described herein, govern your use of the Site and all related services or transactions. All applicable terms and conditions anywhere within our Site collectively comprise the Terms of Use. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.
A. TERMS APPLICABLE TO ALL USERS
- Overview
Your use of this website is expressly conditioned upon your accepting and agreeing to these terms of use.
For users who are not registered with this Website (if any such registration services are in place), your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "i agree to the terms of use" button as and when presented on any page within the Site. if these terms of use are not completely acceptable to you, you must immediately terminate your use of this website.
- Changes To Terms
Pick-Up Pals, Inc. may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
- Jurisdiction
The Website is primarily directed to those individuals and entities located in the State of Texas, and/or neighboring communities. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Pick-Up Pals, Inc. makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the Lubbock generalized area. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
- Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The unauthorized systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Pick-Up Pals, Inc. shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, in separate subsystems (such as customer account portals or similar services) or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Pick-Up Pals, Inc. is strictly prohibited.
- Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include the Pick-Up Pals, Inc. copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Pick-Up Pals, Inc.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Pick-Up Pals, Inc. You may not use a part of this Website on any other Website, without the prior written consent of Pick-Up Pals, Inc.
Pick-Up Pals, Inc. respects the intellectual property rights of others and expects our users to do the same. The policy of Pick-Up Pals, Inc. is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at sales@pickuppals.com.
- Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Pick-Up Pals, Inc. does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use apply only to the Pick-Up Pals, Inc. website and the products and services of Pick-Up Pals, Inc. If you decide to access any of the third party sites linked to this Website (if any), you do so at your own risk. Pick-Up Pals, Inc. reserves the right to terminate any link or linking program at any time. Pick-Up Pals, Inc. disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without the written permission of Pick-Up Pals, Inc. If you are interested in linking to this Website, please contact sales@pickuppals.com.
- No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Pick-Up Pals, Inc. that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
- Spamming
Gathering email addresses from Pick-Up Pals, Inc. through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Pick-Up Pals, Inc. should be directed to: sales@pickuppals.com.
- No Warranties
The website, and any content, are provided to you on an "as is," "as available" basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, certainty of available stock, availability or unavailability of any product (in-stock or otherwise), fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which Pick-Up Pals, Inc. Expressly disclaims. Pick-Up Pals, Inc. Does not endorse and makes no warranty as to the accuracy, completeness, currency, or reliability of the content, and Pick-Up Pals, Inc. Will not be liable or otherwise responsible for any failure or delay in updating the website or any content. We have no duty to update the content of the website. Images of staff, services, facilities, providers, products, people, accessories, installations, equipment, design layouts, or any scenario, location or individual so portrayed, on the site are purely representative, and may or may not indicate actual staff, services, facilities, providers, people, accessories, installations, equipment, design layouts, or any scenario, location or individual, or services or products available, whether in the past, present or in the future, or that are/were or are not/were not the original creation of Pick-Up Pals, Inc.
Pick-Up Pals, Inc. Makes no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components. This warranty disclaimer may be different in connection with specific products and services offered by Pick-Up Pals, Inc. Some regions or provinces may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
- Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
- Separate Agreements
You may have other agreements with Pick-Up Pals, Inc. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Pick-Up Pals, Inc.
- Copyright Policy and Copyright Agent
Pick-Up Pals, Inc. respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify us and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(ii) Identification of the copyrighted work claimed to have been infringed.(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site's Copyright Agent can be reached at:
Pick-Up Pals, Inc.
6810 Wayne Ave. Lubbock, Texas 79424
sales@pickuppals.com - U.S. Resident
You represent that you are a resident of the United States or duly authorized resident, unless specific circumstances, in other business arrangements with Pick-Up Pals, Inc., clearly indicate that you are a resident of another country or jurisdiction, and that, in contacting, communicating with, or attempting to do business or any other transaction with Pick-Up Pals, Inc., that such interaction by you or your representatives is not contrary to all applicable laws, regulations and/or treaties governing you, those you represent, or any other associated party.
- No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, design, architectural or other professional advice. This Website is not intended for use by minors except for purely informational purposes about publications and information in general; any such use is to be under appropriate adult or parental supervision. You should evaluate all information, opinions and advice available on this website in consultation with your own specialists, home or commercial designer, facilities manager, contractor, or your legal, tax, financial or other advisor, as appropriate.
- Indemnity
You agree to defend, indemnify, and hold Pick-Up Pals, Inc., its officers, managers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
- Accounts And Security
Pick-Up Pals, Inc. does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
Users who submit their e-mail addresses for inclusion on a mailing list or lists or for any other communication agree to furnish their own address, or if it is not their own, that they legally represent the address, or those connected to it, and that such use is authorized. Pick-Up Pals, Inc. is not responsible for the inappropriate submission by others of e-mail addresses through its on-line automated response or product ordering forms; Pick-Up Pals, Inc. will, in good faith, attempt to remove e-mail addresses, when so requested by their legitimate owners, from contact lists. All use of any electronic response or request form is at the election of the User, and the User agrees to hold Pick-Up Pals, Inc. harmless for any action, non-action, result, non-result or other activity related to the submission. Such forms are intended to be mechanisms of communication convenience and are not meant to be binding in anyway whatsoever, and should not be construed as such. Pick-Up Pals, Inc. is not responsible if, for whatever reason, such submissions do not properly arrive at their intended destination. Users are responsible for whatever information they include in any such submission. Pick-Up Pals, Inc. reserves the right to reject, deny, delete or block any submission which it deems, for whatever reason, to be objectionable, harassing, inappropriate, or illegal, with or without any communication or notice back to the original User, or any other party or Users acting in conjunction with or on their behalf.
As part of any registration processes (if any are offered), each user will select a password ("Password") and Login Name ("Login Name"). You shall provide Pick-Up Pals, Inc. with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:—select or use a Login Name of another person with the intent to impersonate that person;
—use a name subject to the rights of any other person without authorization;
—use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Pick-Up Pals, Inc. of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Pick-Up Pals, Inc. sole discretion, and you may be reported to appropriate law-enforcement agencies.
- Contact Information
If you have any questions or concerns regarding these Terms of Use, please contact: sales@pickuppals.com.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS OR USERS WHO SUBMIT REQUESTS THROUGH ANY ELECTRONIC FORM ON THE SITE