Terms of Service | PickforMe

PICKFORME TERMS OF SERVICE

Last Updated: March 4, 2024

1. Introduction

Welcome to PickforMe. These Terms of Service ("Terms") are designed to govern your access to and use of PickforMe’s offerings, which include our website https://www.pickformenow.com and the PickforMe mobile applications — together referred to as the "Services." By accessing or using our Services, you acknowledge and agree to be bound by these Terms. This includes adhering to any changes or modifications we may make, as detailed below.

It is important to understand that by using our Services, you are entering into a legally binding agreement with PickforMe and its affiliates and subsidiaries (collectively referred to as "PickforMe", "we", "us", or "our"). Your use of the Services indicates your acceptance of these Terms and your commitment to comply with them.

2. Changes to Terms

PickforMe reserves the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to our website or app, and we will notify users of significant changes through our Services or other means. Continued use of our Services after such modifications signifies your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our Services immediately.

3. Privacy Policy

Commitment to Privacy: At PickforMe, we deeply value your privacy and are committed to protecting it through our compliance with the practices outlined in our Privacy Policy. We understand the importance of your personal information and take significant steps to safeguard it.

Scope of Data Collection: When you use our Services, we collect various types of information about you, including personal identifiers, contact details, usage data, and information collected through cookies and similar technologies. This collection helps us to provide, improve, and personalize our Services.

Use of Information: Our Privacy Policy details how we use the information collected from you, which includes improving our services, communicating with you, and personalizing your user experience. We also explain the legal bases for processing your data, reflecting our commitment to transparency and compliance with applicable laws.

Sharing and Disclosure: We disclose how and with whom your information may be shared, including with third parties, to provide the Services, comply with legal obligations, or protect our rights. We are committed to ensuring that your information is shared responsibly and in accordance with our Privacy Policy.

Your Rights and Choices: The Privacy Policy provides information on your rights regarding your personal data, such as accessing, correcting, or deleting your data, and how to exercise those rights. We respect your control over your information and provide mechanisms for you to manage your privacy preferences.

Consent and Updates: By using our Services, you agree to the terms of the Privacy Policy. We encourage you to review the policy periodically, accessible through the “About PickforMe” section in our app and on our website at https://www.pickformenow.com/privacy-policy, to stay informed about our information practices and the choices available to you.

4. Eligibility, Supervision and User Responsibility

Age Requirements for Users:

General Eligibility: Our Services are designed and intended for use by individuals who are at least 16 years of age. By accessing or using our Services, you affirm that you meet this age requirement.
Underage Users: Individuals under the age of 18, or the legal age of majority in their jurisdiction, are required to have consent and supervision from a parent or legal guardian who agrees to be bound by these Terms of Service. This agreement includes taking full responsibility for the minor’s actions and compliance with these Terms.

Parental or Guardian Supervision:

Responsibility of Parents/Guardians: If you are a parent or legal guardian allowing a minor to use our Services, you agree to:
- Oversee the minor's use of our Services.
- Assume all risks associated with the minor’s use of our Services, including the transmission of content or information to and from third parties via the internet.
- Ensure the accuracy and truthfulness of all information submitted by the minor.
- Guarantee the minor's adherence to these Terms of Service.
Liability: By permitting a minor to use our Services, you acknowledge your responsibility for their conduct and any associated costs. You agree to indemnify PickforMe against any claims related to the minor’s use of the Services.

Prohibition on Account Sharing:

Individual Use: Our Services are intended for personal use only. You may not use our Services on behalf of another person or entity. Each account must be used by the registered individual only and not shared with or used for another person or entity.
Account Security: You are responsible for safeguarding your account information, including your password, and for all activities that occur under your account. You must notify PickforMe immediately of any unauthorized use of your account or any other security breach.
Accuracy of Information: It is your responsibility to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. PickforMe reserves the right to suspend or terminate accounts found to contain inaccurate, outdated, or incomplete information.

5. Account Registration and Security

Account Creation and Management: To fully engage with the offerings of our Services, users may be required to create an account either directly through our platform or via third-party authentication services (such as Google, Apple, or Facebook). In doing so, you agree to:

Provide Accurate Information: Furnish complete and accurate information during the account creation process and ensure timely updates to this information should there be any changes. This is crucial for maintaining the integrity of your account and facilitating effective communication.
Integration with Third-Party Services: When opting to register or sign in using third-party services, you authorize our Services to access and use your information from these services, as permitted under the terms of use and privacy policies of those services. We will only fetch information necessary for the registration process, including but not limited to your name, email address, user identifiers, and public profile information.

Account Security Responsibilities: The safeguarding of your PickforMe account is a shared responsibility. As a user, you are entrusted with several critical duties:

Confidentiality of Credentials: You are solely responsible for maintaining the confidentiality of your account login credentials and are advised against sharing these details with others. This includes passwords and any other means of accessing your account.
Preventing Unauthorized Access: Should you suspect or become aware of any unauthorized use of your account or any other breach of security, it is imperative that you notify PickforMe immediately. We will work swiftly to address the issue but need your cooperation in preventing further unauthorized access.
Account Misuse: You must not use anyone else’s account at any time without the explicit permission of the account holder. We will not be liable for any losses caused by any unauthorized use of your account; however, you may be liable for the losses of our Services or others due to such unauthorized use.

Username Policy: We understand the value of a username to your digital identity and brand. Therefore:

Username Reclamation: We reserve the right to reclaim or alter usernames on behalf of businesses or individuals that hold legal claim, including trademark rights, over those usernames. This policy is enforced to prevent impersonation or confusion among our user base.
Username Assignment: In the event of a dispute over a username, we will consider several factors, such as the user’s engagement with our Services, the registration date of the account, and whether the username misleads other users by impersonating another entity.

6. Fees and Payments

Charges for Services: Certain aspects of our Services, or the Services as a whole, may require payment. We reserve the right to charge fees for any portion of the Services and will provide clear disclosure of these charges as required by law. The specific cost for services or features will be communicated to you before you incur any charges.
User Responsibility for Taxes and Additional Fees: As a user, you are responsible for all applicable taxes and any other fees or charges incurred in connection with your use of the Services. PickforMe is not responsible for collecting, remitting, or reporting any taxes or additional fees unless explicitly required by law.
No Refunds Policy: All fees paid in connection with the Services are non-refundable. This no-refund policy applies regardless of whether you have used the Services only partially or have not utilized the time allotted under any paid features or subscriptions.
Cancellation Policy: You have the option to cancel any subscriptions or paid features associated with the Services. However, please be aware that canceling a service will not trigger a refund. Upon cancellation, you will not be charged in future billing cycles, but you will not receive a refund for any partially used or unused time on the Services.
Adjustments and Changes to Fees: PickforMe reserves the right to modify, adjust, or change the fees for the Services at any time. Such changes will be effective only after we provide you with reasonable notice of the changes in accordance with applicable law.

7. User Content

Content Creation and Rights: You may be able to create, post, store, and share content through our Services. You retain all rights to your User Content, subject to the license you grant to us below.
License to PickforMe: You grant PickforMe and any of its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content in all media formats and channels now known or later developed, without compensation to you.
Responsibility for User Content: You are solely responsible for your User Content and assert that you have all necessary rights to grant the license above. You must not create, post, store, or share any User Content that violates these Terms or any third-party rights.
PickforMe reserves the right to remove any User Content at its discretion and at any time, without providing a specific reason.

8. Restrictions on Conduct and Content

By using PickforMe's Services, you agree not to engage in the following activities:

Violations of Law: You shall not violate any applicable law, contract, intellectual property right, or other third-party right, nor commit any tort.
Misuse of Services: Our Services must not be used for any illegal or unauthorized purpose. You agree not to use our Services in a manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services.
Unauthorized Access: Attempting to access another user's account without authorization, or impersonating another person or entity, is prohibited.
Harmful Content: You must not create, post, store, or share any User Content that is unlawful, libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.

In addition, you agree to abide by the following conditions:

Commercial Misuse: You are prohibited from selling, reselling, or commercially exploiting our Services without our express permission.
Unauthorized Reproduction: Duplication, reproduction, distribution, public performance, or public display of our Services, in whole or in part, is not permitted unless expressly authorized by us or our licensors.
Alterations and Derivative Works: You must not modify our Services, remove any proprietary rights notices, or create derivative works based on our Services.
Reverse Engineering: Reverse engineering any part of our Services, attempting to discover source code, or circumventing measures implemented to prevent or limit access to any part of our Services is strictly prohibited.
Circumvention of Security Measures: Attempting to bypass any content-filtering techniques we employ or accessing areas of our Services that you are not authorized to access is forbidden.
Data Harvesting: The use of data mining, robots, or similar data gathering or extraction methods to scrape or extract data from our Services is not allowed.
Unauthorized Applications and Interfaces: Developing or using any applications that interact with our Services without our prior written consent is not allowed.
Spam and Unsolicited Communications: Sending, distributing, or posting spam, unsolicited bulk electronic communications, chain letters, or pyramid schemes is strictly prohibited.

By agreeing to these Terms, you acknowledge your responsibility to ensure adherence to these guidelines and acknowledge that failure to comply with these conditions may result in termination of your access to the Services and/or legal action against you.

9. Ownership and Intellectual Property

Service Ownership: PickforMe and its licensors retain full and complete ownership of the Services, encompassing all content, features, functionality, software, and other materials provided through or developed for the Services. This includes, but is not limited to, all digital assets, text, graphics, logos, images, as well as the compilation thereof, and any software or web applications. These elements are protected by copyright laws, trademark laws, patent laws, trade secrets, other intellectual property rights, and international treaties both within the United States and globally.

Limited License to Users: Upon your acceptance of these Terms and contingent upon your continued compliance with them, PickforMe grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services strictly for your personal, non-commercial purposes. This license is designed to allow you to utilize the Services as provided by PickforMe, in the manner intended by PickforMe. Any use of the Services beyond the scope granted herein is strictly prohibited and may subject you to legal action.

Restrictions on Use:

No Commercial Exploitation: You are expressly prohibited from using any part of the Services, including materials authorized for download, for commercial purposes without obtaining a license to do so from PickforMe or its licensors. Unauthorized use, sale, resale, rental, leasing, lending, or any commercial exploitation of the Services or any part thereof is expressly forbidden.
No Modification or Derivative Works: You may not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services or any software provided as part of the Services, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
Intellectual Property Notices: You must not remove, obscure, or alter any copyright notices, trademarks, service marks, or other intellectual property rights notices embedded in or accompanying the Services.

Intellectual Property Infringement: PickforMe respects the intellectual property rights of others and expects its users to do the same. We will respond to notices of alleged copyright or trademark infringement in accordance with applicable intellectual property law. Infringement of the intellectual property rights of PickforMe or its licensors may result in termination of your account and legal action.

10. Trademarks and Brand Guidelines

Trademark Ownership: The PickforMe name, logo, and any derivatives thereof, along with any related names, logos, product and service names, designs, and slogans are the property of PickforMe or its affiliates or licensors. These trademarks are subject to common law rights and are protected under U.S. and foreign laws. All rights are reserved. The appearance of these trademarks on our Services does not grant any license or right to use them without the explicit prior written permission from PickforMe.

Usage Restrictions:

Prohibited Uses: You are expressly prohibited from using, copying, imitating, or incorporating the PickforMe trademarks, in whole or in part, in any manner that may cause confusion among consumers, dilute the PickforMe brand, or disparage or discredit PickforMe. This includes but is not limited to:
- Use in domain names, social media profiles, or any online identifiers without prior written consent.
- Creation of derivative works or materials that alter or imitate the PickforMe trademarks.
- Use in a manner that suggests an endorsement, partnership, or affiliation with PickforMe without explicit written agreement.
Permission for Use: Any use of PickforMe trademarks requires prior written permission from PickforMe. Requests for such permission should be directed to our legal department via the contact information provided on our website.

Other Trademarks: Trademarks, registered trademarks, product names, company names, logos, and service marks that appear on our Services and are not owned by PickforMe belong to their respective owners. Their appearance on our Services does not imply any affiliation with, endorsement of, or sponsorship by PickforMe. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or any other designation does not constitute or imply endorsement, sponsorship, or recommendation by PickforMe.

Protection and Enforcement: PickforMe actively monitors the use of its trademarks and takes necessary legal action to protect its intellectual property rights. Unauthorized use of PickforMe trademarks may result in legal action, including but not limited to, cease and desist orders, and claims for damages.

11. Indemnification Commitment

As a user of PickforMe's Services, you undertake to defend, indemnify, and absolve PickforMe and its associated parties, which include subsidiaries, affiliates, officers, directors, employees, agents, and partners ("Associated Parties of PickforMe"), from any and all claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from or related to:

Any action or interaction by you within or related to the Services, which could lead to legal claims or disputes;
Instances where your conduct extends beyond the stipulated use of the Services as outlined in these Terms;
Situations involving your submission, provision, or creation of content, including feedback or suggestions, that may trigger third-party claims;
Any breach or non-compliance of these Terms by you, especially concerning your use of any part of the Services' content, functionality, or offerings not expressly allowed;
Your alleged or actual infringement, violation, or encroachment of any third party's rights, including but not limited to intellectual property rights, or any law or regulation;
Unauthorized access, use, or manipulation of the Services by you, including any efforts to exploit the Services for purposes not intended by PickforMe;
Your use of the Services leading to claims or legal demands from third parties.

In cases where such claims arise, you are expected to provide necessary cooperation to the Associated Parties of PickforMe in their defense against such claims. The Associated Parties of PickforMe have the prerogative, at their own expense, to assume exclusive control over the defense and settlement of any matter subject to your indemnification. You should not agree to any settlement without the explicit consent of PickforMe.

This indemnification responsibility shall persist even after your use of the Services ceases or these Terms are terminated. This clause is an additional indemnity agreement and does not negate any other indemnity obligations you may have under other agreements with PickforMe or its Associated Parties.

12. Disclaimers and Limitations

General Disclaimer: PickforMe offers its Services, including all information, tools, data, and AI-generated content such as ratings and recommendations, on an as is and as available basis, without any warranties, either express or implied, to the fullest extent permissible under applicable law. This includes, but is not limited to, the disclaimers of warranties of merchantability, fitness for a particular purpose, and non-infringement.

Accuracy and Completeness: While PickforMe strives to provide accurate, complete, and up-to-date information, we do not guarantee, represent, or warrant the accuracy, reliability, completeness, or timeliness of any data, content, or information provided through the Services, including AI-generated content and ratings. The content available through our Services is for general information, discussion, and entertainment purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

AI-Generated Content: Our Services utilize artificial intelligence to generate content, including ratings and recommendations. Users should be aware that such AI-generated content is inherently subject to limitations and may not always reflect the most current data or accurate predictions. PickforMe makes no representations or warranties as to the accuracy, effectiveness, or reliability of any AI-generated content.

Use at Your Own Risk: Any reliance on the material provided through the Services is at your own risk. You are solely responsible for any decisions or actions taken based on the content available through our Services. PickforMe will not be liable for any harm, loss, or damage of any kind arising from your reliance on any information or content provided through the Services.

No Endorsements: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by PickforMe.

13. PickforMe’s Liability

Scope of Liability: To the maximum extent permitted by applicable laws, PickforMe, along with its affiliates, officers, directors, employees, agents, and partners ("Affiliated Entities of PickforMe"), disclaims all liability to you under any legal theory, including but not limited to contract, tort, strict liability, or negligence. This includes any indirect, special, punitive, exemplary, incidental, or consequential damages, as well as lost profits, even if we have been previously advised of the potential for such damages.

Liability Cap: The aggregate liability of PickforMe and its Affiliated Entities for any claims arising from or related to the Terms of Service or the use of PickforMe's Services, irrespective of the nature of the legal action, will be limited to no more than $100.

Non-excludable Liabilities: Nothing in these Terms intends to exclude or limit liability for gross negligence, willful misconduct, or fraud by PickforMe or its Affiliated Entities. Additionally, some jurisdictions do not permit certain limitations or exclusions of liability, so parts of this section may not apply to you.

Service Modification: PickforMe retains the right to modify, suspend, or discontinue any aspect of the Services at any time without liability or notice.

Disputes with Third Parties: Any disputes or disagreements you may have with third parties met through the Services are solely between you and such parties. PickforMe bears no responsibility for these interactions. You agree to handle these disputes independently and not involve PickforMe.

Content and External Links: PickforMe aims to provide reliable and accurate content, but does not guarantee the completeness, accuracy, or timeliness of the content found within the Services or on any linked external websites or applications. You assume the risk when using any third-party resources linked through our Services.

Acknowledgment of Terms: Your use of PickforMe's Services signifies your understanding and agreement to these limitations of liability, which form an essential basis of the agreement between you and PickforMe.

14. Release and Waiver

By agreeing to these Terms, you hereby release and forever discharge PickforMe, its affiliates, officers, directors, employees, agents, licensors, successors, and assigns (collectively, the “Releasees”) from any and all liabilities, claims, demands, losses, damages, costs, expenses, and harms of every kind and nature, both known and unknown, arising out of or in any way related to your use of the Services. This includes, without limitation, any disputes between users of the Services, your interactions with third-party sites or services accessed through PickforMe, and any actions or inactions of third parties.

Specific Waiver for California Residents: If you are a resident of California, you specifically waive the provisions of California Civil Code § 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Understanding the Scope: This release applies to any and all claims, damages, liabilities, costs, demands, and expenses of any kind, including but not limited to personal injury, death, property damage, and losses of any kind, that may arise from your use of the Services, your interaction with other users, or your dealings with third parties as a result of using the Services.

Acknowledgment of Risks: You acknowledge that the Services involve interactions with other users and third parties that are beyond the control of PickforMe. As such, PickforMe cannot assume responsibility for the content, privacy policies, or practices of any third-party services or actions of their users. Your use of the Services and any interactions with third parties found through the Services are solely at your own risk.

15. Data Processing, Transfer, and Storage

Consent to Data Processing: By utilizing PickforMe Services, you explicitly consent to the collection, use, processing, and retention of your personal information as described in our Privacy Policy and these Terms of Service. This includes personal data you provide directly, data collected through your use of our Services, and data obtained from third parties.

International Data Transfers: In the course of providing our Services, your personal information may be transferred to, stored in, and processed in the United States and/or other countries that may not have the same level of data protection laws as those in your country of residence. By agreeing to these Terms and using our Services, you consent to such transfers, storage, and processing abroad.

Safeguards for International Transfers: PickforMe commits to employing appropriate safeguards for protecting the privacy and security of your personal information when it is transferred internationally, including adhering to standard contractual clauses approved by the European Commission, relying on the EU-U.S. Privacy Shield Framework, or using other mechanisms recognized by international data protection laws as providing an adequate level of protection.

Legal Bases for Processing: We process your personal information on various legal bases, including with your consent, as necessary to provide the Services you use, for compliance with legal obligations, for the protection of your vital interests, or when we have a legitimate interest to do so in a manner that does not outweigh your rights and freedoms.

Data Security: PickforMe implements rigorous security measures designed to protect your personal information from unauthorized access, alteration, disclosure, or destruction. We regularly review our security practices to enhance the protection of your data.

User Rights: Depending on your location, you may have certain rights regarding the personal information we hold about you, including the right to access, correct, delete, or transfer your personal data, as well as the right to withdraw your consent to its processing. Our Privacy Policy provides more detailed information on how you can exercise these rights.

Retention of Data: We retain your personal information only for as long as is necessary for the purposes set out in our Privacy Policy, including to meet legal, regulatory, tax, accounting, or reporting requirements. We take measures to delete or anonymize your personal information when it is no longer necessary for these purposes.

16. Arbitration and Dispute Resolution

Mandatory Arbitration Agreement:

Scope: Any disputes, controversies, or claims arising out of, relating to, or connected with these Terms, or the use of any part of PickforMe’s Services, shall be exclusively resolved through binding and confidential arbitration, except as otherwise noted herein.
Primary Location: Given that PickforMe's headquarters are located in Washington state, USA, arbitration proceedings will generally take place in Washington state. This choice of venue is intended to maintain consistency and predictability in the resolution of disputes.
Alternative Arrangements: Notwithstanding the above, PickforMe reserves the right to determine an alternative location for arbitration. This may include the use of telephone or video conferencing, especially for disputes involving smaller claims or where such an approach is deemed more efficient and appropriate.
Conduct of Arbitration: Regardless of the location, the arbitration will be conducted in English. The proceedings will adhere to the streamlined rules and procedures established by the American Arbitration Association (AAA). This ensures that the arbitration is conducted in a fair, efficient, and consistent manner.

This flexibility in determining the location and method of arbitration is a deliberate strategy by PickforMe to adapt the arbitration process to the specific circumstances of each dispute. This approach is not only aimed at ensuring a formal and structured resolution process but is also intended to reduce the costs and burdens on all parties involved. By allowing for alternative methods such as telephone or video conferencing, especially in cases involving smaller claims, PickforMe seeks to make the dispute resolution process more efficient and accessible for everyone.

Process of Arbitration:

Informal Resolution: Before initiating formal arbitration, you are required to contact us at support@pickformenow.com to seek an informal resolution of the dispute. This initial step is essential to facilitate an amicable solution.
Formal Arbitration Initiation: If a dispute cannot be resolved informally within thirty (30) days of communication, either party may begin formal arbitration proceedings. Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association (AAA).
Conduct of Arbitration: The arbitration will be conducted either in person in Washington state, via telephone, or online, depending on the nature of the dispute and the amount involved. The specific process will be chosen by PickforMe as outlined above.

Arbitration Rules and Procedures:

AAA Rules: The arbitration will be administered by the AAA in accordance with its relevant rules, which are hereby incorporated by reference. You can obtain a copy of the AAA rules at www.adr.org.
Language: The arbitration proceedings shall be conducted in English.
Confidentiality: All aspects of the arbitration proceedings, including the arbitrator’s decision and award, shall remain strictly confidential.

Arbitration Costs:

User-Initiated Arbitration: Should you initiate an arbitration proceeding, you will be solely responsible for all associated filing fees and any other costs related to initiating the arbitration. PickforMe is only obligated to bear the costs of arbitration beyond the initial filing fees to the extent required by law.
PickforMe-Initiated Arbitration: In instances where PickforMe commences arbitration, we will bear the costs of the arbitration process, except where the law mandates otherwise, or in situations where the arbitrator, according to applicable arbitration rules, determines it is fair for you to assume some or all of these costs.

This allocation of costs is made with the understanding that each party is typically responsible for its own legal fees and expenses incurred in connection with the arbitration, unless the arbitrator determines that a different allocation is more appropriate or is required under applicable law or arbitration rules.

Limitations:

Time Restriction for Claims: You must file any claim or dispute arising out of or related to these Terms or the use of PickforMe’s Services within one (1) year after the claim arises; otherwise, such a claim is permanently barred.
Waiver of Class Actions and Jury Trial: You and PickforMe agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and PickforMe agree otherwise, the arbitrator may not consolidate more than one person’s claims. You also waive any right to a jury trial.

Severability:

Provision Severability: If any part of this arbitration agreement is found to be invalid or unenforceable, that part will be severed, and the rest of the arbitration agreement will remain in effect.

Applicable Law:

Governing Law: This arbitration agreement and the Terms of Service are governed by the Federal Arbitration Act (FAA) and the laws of the State of Washington, USA.

17. Governing Law and Venue

Governing Law: These Terms, as well as any dispute or claim arising out of, or related to them, their subject matter, or their formation (this includes non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Washington. This interpretation will be made without giving effect to any choice or conflict of law provisions or rules that would cause the application of the laws of any jurisdiction other than Washington.

Venue for Legal Proceedings: In alignment with the arbitration clause, while arbitration proceedings will generally take place in Washington state, PickforMe reserves the right to select an alternative location for arbitration proceedings. This may include remote methods such as telephone or video conferencing for disputes involving smaller claims, or in situations where it is deemed more efficient and appropriate. For any legal suit, action, or proceeding that arises out of or relates to these Terms or the Services and falls outside the scope of the arbitration agreement, such proceedings shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, specifically within the City of Seattle and King County.

18. Modification, Suspension, and Termination of Services

Modification of Services: PickforMe continuously strives to improve our Services to enhance user experience. We reserve the right, at our sole discretion, to modify, add, or remove features, content, or services offered through our platform at any time. We aim to provide timely and clear notice of any significant changes, especially those that could materially affect your use of the Services.

Suspension of Services: In certain circumstances, it may become necessary for PickforMe to temporarily suspend access to the Services (or any part thereof) for purposes such as maintenance, updates, or emergency repairs. We will endeavor to provide reasonable notice of any such suspension and resume the Services as quickly as possible.

Termination: PickforMe reserves the right to discontinue offering the Services entirely or to terminate access to the Services for any user without prior notice, for reasons that include, but are not limited to, violations of our Terms of Service, legal or regulatory requirements, or security issues. In the event of termination, we will make reasonable efforts to notify affected users and provide information regarding the retrieval of user data, if applicable.

Liability: You acknowledge and agree that PickforMe shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, or loss of access to user data as a result of such actions. Our priority is to ensure the integrity, security, and continuity of our Services, and we will take measures to minimize any negative impact on our users.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

20. Mobile Application Terms and Acknowledgements

For Android Users:

Acknowledgment of Agreement: The agreement for using PickforMe's Android application is between you and PickforMe, not with Google Inc. ("Google"). Google is not responsible for the application or its content.
Google's Role and Limitations: Google only provides the platform (Google Play) where the Android application is available. PickforMe is solely responsible for the Android application and its content. Google has no obligation or liability with respect to the Android application under these Terms.
Compliance with Google’s Terms: Your use of the Android application must adhere to the current Google Play Store Terms of Service.
Third-Party Beneficiary: Google is acknowledged as a third-party beneficiary to these Terms concerning the Android application. Upon your acceptance of these Terms, Google has the right to enforce these Terms against you as a third-party beneficiary.

For iOS Users:

Acknowledgment of Agreement: You acknowledge that the agreement for using PickforMe's iOS application is solely between you and PickforMe, not with Apple Inc. ("Apple"). Apple bears no responsibility for the application or its content.
Limitations of Apple's Responsibilities: Apple has no obligation to offer any maintenance and support services regarding the application. In case of any application failure to meet applicable warranties, you may contact Apple for a refund. Apple is not responsible for addressing any claims related to the application or your use of it, including but not limited to product liability claims, regulatory compliance claims, and claims under consumer protection laws.
Applicability of Usage Rules: The usage of PickforMe's iOS application is subject to the Apple iOS App Store Terms of Service's Usage Rules. In any conflict between those rules and these Terms, the App Store's Usage Rules will prevail.
Intellectual Property Claims: In the event of a third-party claim that the iOS application infringes intellectual property rights, PickforMe, not Apple, will be responsible for investigating, defending, settling, and discharging such claims.

General Provisions for Mobile Applications:

Compliance with Applicable Laws: You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
Third-Party Agreements: You agree to comply with all applicable third-party terms of agreement when using our mobile applications. This includes adherence to the respective app store's terms.
Developer Contact Information: Any queries, complaints, or claims regarding the mobile applications should be directed to PickforMe at support@pickformenow.com.
Third-Party Beneficiaries: Apple and Apple’s subsidiaries (for the iOS application) and Google and Google’s subsidiaries (for the Android application) are acknowledged as third-party beneficiaries. Upon your acceptance of these Terms, they will have the right to enforce these Terms against you.

21. Third-Party Links and Content

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by PickforMe. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

22. Entire Agreement and Additional Provisions

Comprehensiveness of Agreement: These Terms represent the complete and exclusive understanding between you and PickforMe regarding your use of the Services. They replace and supersede any previous agreements or understandings, whether oral or written, between you and PickforMe pertaining to the Services.

Beneficiary Rights: These Terms are solely for the benefit of you and PickforMe and do not confer rights upon any third parties, except as explicitly stated herein.

Non-Waiver of Rights: The omission or delay by PickforMe in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. The enforceability and interpretation of these Terms are not affected by any failure of PickforMe to enforce any provision of these Terms.

Electronic Communications: By using the Services, you consent to conducting transactions and communications with PickforMe electronically.

Titles and Headings: The titles and headings used in these Terms are provided for convenience only and bear no legal or contractual significance.

Restrictions on Transfer and Assignment: You may not transfer, assign, or delegate your rights or obligations under these Terms, either by operation of law or otherwise, without the explicit prior written consent of PickforMe. Any attempt to do so without such consent will be null and void. Conversely, PickforMe retains the right to freely transfer, assign, or delegate these Terms or any rights and obligations under these Terms, in whole or in part, without requiring your consent.

23. Contact Information

For any questions about these Terms, please contact us at support@pickformenow.com.