The use of the PickOnUs.com website (the "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website (collectively, the "Terms and Conditions"). Your use of this Website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Pick On Us™ ("POU") reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Please visit this page periodically to review the terms of your use.
Unless you are an authorized POU representative, you may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not distribute, modify, transmit, reuse, repost or use the text, image and video for public or commercial purposes unless you have obtained prior, written permission. POU reserves complete title and full intellectual property rights in any Content that you download from this Website.
Consent to Jurisdiction
Any claim relating to the use of this site and the materials contained herein is governed by the laws of the state of California. Use of the site constitutes your consent to the exclusive jurisdiction of the state and federal courts located in Vista, California.
The logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, or copy such logos in any manner without the prior consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively "Content") are subject to copyright, trademark or other proprietary rights or licenses held by Pick On Us™ or its parent or affiliates or by third parties who have licensed their rights to Pick On Us™. All Content is copyrighted as a collective work under the U.S. and international copyright laws.
Pick On Us™ provides all Content on this Website as is without warranties of any kind, either expressed or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Pick On Us™ does not represent or warrant that this Website will be accessible without interruption or that this Website is free from errors defects, design flaws or omissions or from viruses or other harmful components.
Limitations of Liability
Pick On Us™ or any third party who helped create, produce, or deliver the site are not liable for any damage you may suffer when you use it. In particular, Pick On Us™ is not liable for direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of the site.
Modification of Content
Pick On Us™ attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth above, Pick On Us™ does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Pick On Us™ reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.
All prices quoted on our Website are in U.S. dollars and are valid only in the United States. Pick On Us™ reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Pick On Us™ shall promptly issue a credit to your credit card. If you are otherwise dissatisfied with your purchase, you should contact Pick On Us Customer Service at (800) 874-2587 or email firstname.lastname@example.org.
All items purchased directly through the Website can be returned within 30 days of purchase if the packaging has not been opened or damaged and are still in “food safe” condition. All items returned within 30 days of the purchase date may be exchanged or refunded. Shipping and Handling costs are non-refundable. Consumers are responsible for paying the shipping costs to return the order to Pick On Us unless there was an error on our part related to the order, or the product arrived damaged or defective. If you have any questions or concerns regarding your purchase, you should contact Pick On Us Customer Service at (800) 874-2587 or email email@example.com.
Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by Pick On Us™ (although some such sites may have an affiliation with Pick On Us™). Such links are provided for your convenience only. Pick On Us™ makes no representations whatsoever about any linked sites which you access through this Website, as Pick On Us™ has no control over the content appearing on such third party links. Moreover, a link to a third party site does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such third party site. No rights to use or copy the information on this Website or third party website is granted or implied.
Pick On Us™ gathers customer information needed to provide superior service, communicate offers on merchandise and services that we believe will be of interest to you, and to administer our business. In order to best serve you, we may gather information from you in a few instances.
First, when you visit our site, we may collect non-personally identifiable information from you. Through the use of computer "cookies" (small pieces of information that are stored by the browser on your hard drive), we collect data, such as your IP address, browser type, domain name, and specific Pick On Us web pages through which you click. The cookies that are configured by us do not contain any personally identifying information, such as your name, or sensitive information, such as your credit card number. This data is collected automatically, and utilized in aggregate to help us look for trends so that we can improve our website and your Pick On Us™ experience. The cookies also allow us to recognize you when you return to our site and to provide you with a customized experience that we feel will be of value to you.
Most web browsers allow you to exercise control over cookie files on your computer by erasing them, blocking them, or notifying you when such a file is stored. Please take a look at your particular browser for instructions on this function. If you do elect to disable the Pick On Us™ cookie, please note that you may not be able to take full advantage of a personalized experience at Pick On Us™.
Second, we may ask you to voluntarily provide information in a few circumstances. When you purchase items, we will ask you to voluntarily provide certain personally identifiable information, such as, your name, address, telephone number, e-mail address, and credit card number. We need this information to process and fulfill your order and notify you of order status. Other examples of when we may ask you to voluntarily provide personally identifiable information include if you subscribe to our email program (information such as your name and e-mail address), choose to provide us preference information (such as interests, product preferences, and items purchased), or when you enter a sweepstakes or promotion (information such as name, address and telephone number).
Additionally, in order to provide you with goods and services designed to meet your needs, we may collect demographic information (such as number of household members, age, and gender), purchase preference information, and mailing lists from third parties. We use this information to customize your experience on our website and to provide you with the most relevant products and services.
Pick On Us™ has taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. Pick On Us™, therefore, will not distribute your personal information to outside parties without your consent. As part of the California Online Privacy Protection Act, all users of our site may make any changes to their information at anytime by logging into the “My Account” page and clicking “Edit Profile”.
Pick On Us™ is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), and does not collect any information from anyone under 13 years of age. The Pick On Us™ website, products, and services are all directed to people who are at least 13 years of age or older.
Pick On Us™ reserves the right to change the Terms and Use and anything else on the Website at any time. All website design, graphics, text selections arrangement, and software are Copyright 2014, Pick On Us USA, Inc. All rights reserved.