Pick It Up is focused on providing you the tools to become the best version of yourself, however, your health and safety are always a priority.
EMERGENCY DISCLAIMER
THE APP AND WEBSITE ARE NOT INTENDED FOR USE IN EMERGENCIES. IF IN AN EMERGENCY, IMMEDIATELY CONTACT EMERGENCY MEDICAL SERVICES. IF AT ANY TIME WHILE PERFORMING ANY ACTIVITY DEPICTED IN PICK IT UP APP YOU FEEL ANY DISCOMFORT, PAIN, NAUSEA, LIGHT HEADEDNESS, SHAKING, OR CHEST PAINS, STOP USE AND IMMEDIATELY CONTACT A MEDICAL PROFESSIONAL OR DIAL 911.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE ANY SERVICES OFFERED BY PICK IT UP, LLC. BY ACCESSING, BROWSING AND/OR USING THE SERVICES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT WWW.PICKITUP.AI/PRIVACY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE AND THE APPLICABLE GUIDELINES, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY. YOU HEREBY CONSENT TO RECEIVING THESE TERMS OF USE AND OUR PRIVACY POLICY IN ELECTRONIC FORM.
Pick It Up, LLC, a New Mexico limited liability company ("Company", "we", "us", "Pick It Up") has created and offers Pick It Up ("Pick It Up App", "App"), a web application that runs in your browser and that you may optionally install to your device's home screen, as well as the Pick It Up website ("Website") (collectively, the "Services"). The Pick It Up App is not distributed through the Apple App Store or the Google Play Store. This App and Website are offered and available to users who are 18 years of age or older, or of sufficient legal age in your jurisdiction or residence to use the Services. By using this App or Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.
If you have any questions regarding the App, Website, Terms of Use, or Privacy Policy, please contact us at: [email protected].
1. HEALTH AND LIABILITY DISCLAIMER
PICK IT UP AND THE PICK IT UP APP PROVIDES WORKOUT INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. WORKING OUT CAN BE DANGEROUS, ESPECIALLY WHEN USING WEIGHTS.
BEFORE USING THE PICK IT UP APP, OR ENGAGING IN ANY PHYSICAL ACTIVITY, YOU SHOULD CONSULT A PHYSICIAN OR MEDICAL PROFESSIONAL. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING AVAILABLE IN OR VIA THE SERVICES, INCLUDING INFORMATION AND TRAINING PROVIDED SPECIFICALLY FOR YOU, AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD NOT RELY ON ANY TIPS, GUIDANCE, AND INSTRUCTIONS WITHIN THE PICK IT UP APP AND THE FOREGOING SHOULD BE TAKEN AS FOR EDUCATION AND ENTERTAINMENT ONLY. BY USING PICK IT UP YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A PHYSICIAN OR MEDICAL PROFESSIONAL AND ARE HEALTHY ENOUGH TO PERFORM THE ACTIVITY IN THE PICK IT UP APP.
NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH ANY PICK IT UP SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. PICK IT UP MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE INFORMATION AND CONTENT THAT APPEARS ON THE SERVICES. NO ASSURANCE CAN BE GIVEN THAT THE CONTENT IN THE SERVICES WILL BE ACCURATE OR UP TO DATE.
ANY NUTRITION, DIET, HYDRATION, SUPPLEMENT, BODY WEIGHT, OR BODY COMPOSITION INFORMATION MADE AVAILABLE THROUGH THE SERVICES — INCLUDING ANY CALORIE, MACRONUTRIENT, PORTION, MEAL TIMING, OR BODY WEIGHT FIGURE, TARGET, OR RECOMMENDATION — IS GENERAL EDUCATIONAL INFORMATION ONLY. IT IS NOT MEDICAL ADVICE, MEDICAL NUTRITION THERAPY, DIAGNOSIS, OR TREATMENT, AND IT IS NOT A PRESCRIPTION OR AN INDIVIDUALIZED PLAN FOR YOU. INDIVIDUAL NEEDS VARY, AND NOTHING IN THE SERVICES IS A SUBSTITUTE FOR INDIVIDUALIZED GUIDANCE FROM A PHYSICIAN OR A REGISTERED DIETITIAN. DO NOT START, STOP, OR CHANGE ANY DIET, SUPPLEMENT, OR MEDICATION, AND DO NOT DELAY OR DISREGARD ADVICE YOU HAVE RECEIVED FROM A QUALIFIED HEALTH PROFESSIONAL, BECAUSE OF ANYTHING YOU HAVE READ OR SEEN IN THE SERVICES.
YOU SHOULD CONSULT A PHYSICIAN OR A REGISTERED DIETITIAN BEFORE ACTING ON ANY NUTRITION OR EXERCISE INFORMATION IN THE SERVICES. THIS IS PARTICULARLY IMPORTANT IF YOU ARE PREGNANT, TRYING TO BECOME PREGNANT, OR BREASTFEEDING; ARE UNDER 18 YEARS OF AGE; ARE MANAGING ANY MEDICAL CONDITION OR INJURY, OR ANY FOOD ALLERGY OR INTOLERANCE; ARE TAKING ANY MEDICATION OR SUPPLEMENT; OR HAVE A HISTORY OF, OR ARE AT RISK FOR, DISORDERED EATING OR AN EATING DISORDER. THE SERVICES ARE NOT DESIGNED OR INTENDED FOR THE TREATMENT OF ANY EATING DISORDER OR OF ANY OTHER MEDICAL OR MENTAL HEALTH CONDITION.
Tracking food, body weight, or body composition is not appropriate for everyone. If tracking, or following any nutrition or training information in the Services, causes you distress, or if you are concerned about your eating or about your relationship with food or exercise, stop using those features and speak with a physician, a registered dietitian, or a qualified mental health professional. In the United States you can reach the National Alliance for Eating Disorders helpline at 1-866-662-1235; if you are in crisis, call or text 988 (Suicide and Crisis Lifeline) or dial 911.
YOU ASSUME SOLE RESPONSIBILITY FOR PERFORMING ANY ACTIVITIES PRESENTED IN THE SERVICES AND TO EXERCISE WITH PROPER FORM, AND ACKNOWLEDGE THAT IMPROPER FORM MAY LEAD TO A RISK OF INJURY
TO REITERATE, PERFORMING ANY ACTIVITY DEPICTED OR DESCRIBED IN THE PICK IT UP APP INVOLVES A RISK OF PERSONAL INJURY AND YOU EXPRESSLY ASSUME ALL RISK OF HARM.
Neither the Company nor any of its trainers or affiliates will be liable for any injury or illness, either physical or mental, that may result, whether directly or indirectly, from any exercise or workout. You assume sole responsibility for performing exercises with proper form, and acknowledge that improper form may lead to a risk of injury. You also acknowledge that any tips or guidance provided by Pick It Up within Pick It Up App or Website are not to be taken literally if such tips or guidance lead to any discomfort or pain, or are not in alignment with advice offered by your doctor or medical professional.
2. ASSUMPTION OF RISK AND RELEASE
RESISTANCE TRAINING CARRIES AN INHERENT RISK OF SERIOUS INJURY, INCLUDING MUSCLE STRAIN, JOINT AND CONNECTIVE TISSUE INJURY, HERNIA, FRACTURE, CARDIAC EVENT, AND DEATH. THAT RISK CANNOT BE ELIMINATED, AND IT EXISTS EVEN WHEN A PROGRAM IS FOLLOWED EXACTLY AS PRESENTED.
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DEATH, AND PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING ANY EXERCISE, WEIGHT, REPETITION COUNT, DIFFICULTY TARGET, PROGRAM, OR NUTRITION RECOMMENDATION PRESENTED TO YOU. You are solely responsible for deciding whether any particular exercise or load is appropriate for you on any particular day, for using equipment safely, for training within your own capability, and for stopping when something hurts.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE AND FOREVER DISCHARGE Pick It Up, LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION FOR INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, WHETHER CAUSED BY ORDINARY NEGLIGENCE OR OTHERWISE. This release does not apply to gross negligence, recklessness, or intentional misconduct, and it does not apply where the law of your jurisdiction does not permit it. Some jurisdictions do not allow the release of certain claims, so this section may not apply to you in full.
You represent that you are in good physical health, that you have no medical condition that would make training unsafe for you, and that you have consulted a physician if there is any reason to think otherwise.
3. HOW YOUR PROGRAMMING IS GENERATED
Pick It Up generates your programming, your exercise selection, your weight, repetition and difficulty targets, and your nutrition feedback automatically and by software, from the goals and equipment you tell us about and the training data you record. Your programming is built on an established periodization model and published strength-training formulas, including a standard formula for estimating a one-repetition maximum from the weight and repetitions you log. Some features of the Services may also use machine learning or other artificial-intelligence models; where a feature does, its output is a prediction rather than a calculation, and it may be wrong in ways that are harder to anticipate. In either case, no human coach, trainer, physician, physical therapist, or registered dietitian reviews your program, your targets, or your check-ins before they are shown to you.
What the Services give you are general estimates, not measurements of you. A one-repetition maximum calculated from a formula is an approximation and may differ, in either direction, from what you can actually lift on a given day. A target may be too heavy, too light, or inappropriate for your condition at that moment. A nutrition reading may rest on incomplete or noisy data, or on information you entered inaccurately. Any model-generated output may be inaccurate. The Services may produce output that is unexpected, inconsistent, or incorrect. YOU MUST APPLY YOUR OWN JUDGMENT TO EVERY RECOMMENDATION THE SERVICES MAKE, AND YOU MUST NOT TREAT ANY OUTPUT AS A PROFESSIONAL INSTRUCTION TO PERFORM A SPECIFIC ACT.
Where the Services analyse video or images you submit — for example to give coaching tips on your technique, or to estimate a body composition figure — that analysis is performed automatically, may be produced by an artificial-intelligence model, is limited to what is visible in what you submitted, and is an estimate rather than a measurement. It is not a substitute for in-person coaching, for a body composition assessment by a qualified professional, or for any medical or diagnostic test.
The Services are general fitness and wellness tools. They are not a medical device, they are not intended to diagnose, treat, cure, or prevent any disease or condition, and they have not been evaluated or cleared by the U.S. Food and Drug Administration for any medical purpose.
4. CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. Non-material changes are effective immediately when posted. If we make a material change — including any change to the subscription, billing, cancellation or dispute resolution terms — we will give you at least thirty (30) days' advance notice by email to the address on your account, or by a conspicuous notice within the Services, before the change takes effect. Your continued use of the Services after a change takes effect means that you accept and agree to the change. If you do not agree to a change, you may cancel your subscription and stop using the Services before the change takes effect, and we will not apply the change to you retroactively.
5. PRIVACY AND YOUR HEALTH AND FITNESS DATA
We take your privacy very seriously. By using the Pick It Up App or any services provided by Pick It Up, you agree to Company Privacy Policy, which can be found at https://www.pickitup.ai/privacy
To provide the Services, we collect information about your body and your training — which may include your body weight, your reported sleep and hunger, your goals, the exercises you perform, the loads and repetitions you log, your reported exertion, and any video you choose to submit. Some of this is sensitive. We use it to generate and adjust your programming and your nutrition feedback, to operate and improve the Services, and for the other purposes described in the Privacy Policy.
We do not sell your health and fitness data, and we do not share it with advertisers for their own advertising purposes. Providing this information is voluntary, but the Services cannot generate personalized programming or nutrition feedback without it. You may request deletion of your account and the associated data as described in the Privacy Policy. Depending on where you live, you may have additional rights over this information, including rights under state consumer health data laws; the Privacy Policy explains how to exercise them.
6. INTELLECTUAL PROPERTY
All intellectual property on the Pick It Up App is owned by Pick It Up or its licensors, which includes materials protected by copyright, trademark, or patent laws. PICK IT UP and the Pick It Up name and logo are trademarks and service marks of Pick It Up, LLC. All trademarks, service marks and trade names displayed in the Services are owned and/or licensed by Pick It Up or by their respective owners. All content on the Pick It Up App (except for your Personal Information), including but not limited to workouts, exercises, text, designs, graphics, photos, videos, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Pick It Up. You must not save or download copies of images, graphics, or video content from the Pick It Up App for further reproduction, publication, or distribution. Your account may be flagged and locked if multiple screenshots are taken on any screen which displays workouts. If such a lock occurs, you may reach out to support to request the account be unlocked. If this behavior continues, Pick It Up reserves the right, at its sole discretion, to deem this behavior fraudulent and terminate your account, at which point it is your responsibility to cancel any ongoing subscription. You must not access or use for any commercial purposes any part of the Pick It Up App or any services or materials offered by Pick It Up. If you are in breach of the Terms of Use your right to use the Pick It Up App will cease immediately and you must return or destroy any copies, including screenshots, of the materials you have made. No right, title or interest in or to the Pick It Up App or any content is transferred to you, and all rights not expressly granted are reserved by Pick It Up. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.
7. ACCOUNTS, SUBSCRIPTIONS AND PROHIBITED ACTIVITIES
Use of the Pick It Up App requires you to create an account with Pick It Up. You are responsible for all activity that occurs under your account. You have the ability, but not the obligation, to upload a photo to your account. You agree to upload an appropriate photo, and acknowledge that Pick It Up may disable your ability to upload a photo if you have uploaded a photo deemed inappropriate at Pick It Up's sole discretion. Pick It Up reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
You may also create an account by utilizing Facebook connect. By accessing the Services using your Facebook, you permit us to access certain information from your profile on Facebook or any other such third party services for use by the Services. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook. By using the Services, you are authorizing us to collect, store, retain, and use indefinitely, in accordance with our Privacy Policy, any and all information that you permitted Facebook or any other such third party services to provide to us.
Plans and free tier. Pick It Up offers a free tier and one or more paid subscription tiers. Current tier names, the features included in each, and current prices are shown on our pricing page at www.pickitup.ai and at the point of purchase. We may also offer a free trial of a paid tier. If you do not subscribe at the end of a free trial, your account continues on the free tier rather than being closed, unless you delete it.
Billing. Paid subscriptions are billed by Pick It Up directly, through our third-party payment processor (currently Stripe). They are not billed through the Apple App Store or the Google Play Store, and neither Apple nor Google can answer questions about, change, or refund your Pick It Up subscription. By subscribing, you authorize us and our payment processor to charge your payment method the then-current subscription fee, plus any applicable taxes, on a recurring basis. We do not store your full card number; it is held by our payment processor, whose own terms and privacy policy govern its handling of your payment details.
Automatic renewal. YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for a further period of the same length, and your payment method will be charged the then-current fee for that tier. The billing period and the amount are shown to you before you subscribe and in your account settings at any time. We will charge you at or shortly after the start of each renewal period.
How to cancel. You may cancel at any time, for any reason, from your account settings inside the Pick It Up App — the same place you subscribed, without having to call or email anyone. You may also cancel by emailing [email protected] from the address on your account. Cancellation takes effect at the end of the current billing period. You keep access to your paid tier until that period ends, and you are not charged again after it does. Cancelling does not delete your account or your training history; your account reverts to the free tier.
Price changes. We may change subscription prices. If we do, we will give you at least thirty (30) days' notice by email before the new price applies to you, and the new price will take effect no earlier than your next renewal. If you do not accept a price change, cancel before it takes effect.
Refunds. Subscription fees are non-refundable, and partial billing periods are not prorated. Our policy is cancellation rather than refund: you may cancel at any time, you keep everything you have paid for until the end of the period you have already paid for, and you are not billed again. You are never locked into a future period. If you believe you were charged in error, contact [email protected] and we will review it. Nothing in this section limits any refund or cancellation right you have under the consumer-protection law of your state or country, which overrides this paragraph where it applies.
Failed payments. If we do not receive payment from your payment provider on renewal, we may suspend or terminate your paid tier, and we may continue to attempt to charge your payment method for amounts already due. If payment is later received, your paid access is restored and, for purposes of automatic renewal, the new subscription period begins on the day payment was received.
Except as expressly permitted in this Terms of Use, you may not:
- Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice that we or a third party include in or through our Services or Service Content;
- Circumvent, disable, or otherwise interfere with our security- related or content-management features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
- Use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Services (or any portion thereof) or Service Content for any purpose without our express written permission;
- Collect or harvest any personally identifiable information or non- personally identifiable information from our Services including, without limitation, user names, passwords, and email addresses;
- Solicit other users of the Services to join or become members of any commercial online service or other organization without our prior written approval;
- Interfere, or attempt to interfere, with the proper working of our Services or impair, overburden, or disable the same;
- Decompile, reverse engineer, or disassemble any portion of our Services or other Service Content;
- Use network-monitoring software to determine architecture of or to extract usage data from our Services;
- Encourage conduct that violates any local, state, or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person's account);
- Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
8. ACCESS, CONNECTIVITY AND INSTALLATION
The Pick It Up App runs in a web browser. You may optionally add it to your device's home screen, which does not install a native application and does not involve the Apple App Store or the Google Play Store. Use of the Pick It Up App requires an Internet connection, whether over cellular or Wi-Fi. You acknowledge that without a connection, some or all features will not work properly, and that we do not guarantee that any feature is available offline. By using the Pick It Up App over a cellular connection you acknowledge that its use of data falls under your carrier's normal data consumption rates. You are responsible for your own device, browser and connection, and we do not warrant that the Services will function on every device or browser. If you find the Pick It Up App not functioning properly, check your Internet connection first, then contact [email protected].
9. YOUR CONTENT
Pick It Up is not a social product. There is no social feed, no public profile, no leaderboard, and no way for one user to see another user's workouts, photographs, body weight, or any other activity. Nothing you do in the Services is published to other users, and we do not put you in contact with other users.
"User Content" means anything you upload or submit to the Services — for example a profile photograph, a video submitted for coaching tips, a custom template, or a message you send us. You own your User Content. We do not claim ownership of it.
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt and display your User Content for the sole purpose of operating, providing, securing and improving the Services for you, and for as long as we need it for that purpose. That licence is limited to running the product. It lets us store your video so a coaching feature can analyse it and show you the result; it does not let us do anything else with it.
We will not use your User Content in advertising, marketing, promotion, or any public-facing material without asking you first and obtaining your separate, specific consent for that use. We will not sell your User Content, and we will not license it to third parties for their own purposes. Service providers who process User Content on our behalf — for hosting, storage, or feature delivery — may do so only under contract and only to provide the Services, as described in the Privacy Policy.
You are responsible for your User Content. You represent that you own it or otherwise have the right to submit it, that it does not infringe anyone else's rights, and that it does not contain anyone else's likeness without their permission. Do not submit content you are not entitled to submit.
We have the right, but not the obligation, to review User Content, and we may remove or refuse to store any User Content that violates these Terms or applicable law. You may delete your User Content through the Services or by contacting [email protected], and deleting your account removes it as described in the Privacy Policy.
10. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using the Pick It Up App if such claims are reported to our Designated Copyright Agent identified in the sample notice below. A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim is being infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Services;
- Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please send DMCA requests to [email protected]. If the request provided is deemed valid under the DMCA, we will promptly remove the allegedly infringing content.
11. RELIANCE ON INFORMATION AND THIRD PARTY LINKS
All information within the Pick It Up App, including but not limited to workouts, exercises, nutrition and dietary information, tips, guidance, videos, and quotes, is intended to be educational in nature. Expressions such as "Go Heavy" or "Pull Heavy Weight" are idiomatic, and are not intended to instruct you to perform any activity beyond that which has already been approved by your physician or medical professional (as outlined in Section 1). You will be able to log weights and repetitions for specific exercises, which will then be displayed for you when you see this exercise again. Repetition counts, timer durations, or weight amounts displayed are intended to be educational in nature and to serve as a guide, and are not to be followed if doing so does not align with activity approved by your physician or medical professional. Always be alert and aware when operating machines or heavy equipment, and seek the advice of a well- qualified training professional or physical therapist when using equipment or performing exercises you are not familiar with.
In many instances, Service Content will include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse, warrant, and are not responsible for, the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
Our Services may contain links to other websites, social media pages, or applications maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the actions of, or the content found on, these third-party websites, social media pages, or applications. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or applications nor are we liable to you for any loss or damage of any sort incurred as a result of your dealings with any third parties or their websites, social media pages, or applications.
12. WARRANTY DISCLAIMER
Pick It Up is not responsible or liable for any Personal Information posted on the Pick It Up App or for any offensive, unlawful or objectionable content you may encounter on or through the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS SECTION 12 OF THESE TERMS: (I) Pick It Up DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PICK IT UP APP AND SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT; (II) PICK IT UP ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE MINIMUM DURATION POSSIBLE UNDER THE APPLICABLE LAW.
THE PICK IT UP APP IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PICK IT UP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PICK IT UP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PICK IT UP APP. PICK IT UP DOES NOT REPRESENT OR WARRANT THAT THE PICK IT UP APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS PICK IT UP APP OR THE SERVER THAT MAKES THE APP AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TO THE FULLEST EXTENT PERMITTED BY LAW, PICK IT UP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE PICK IT UP APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Pick It Up App, loss of data or other harm of any kind that may result. Pick It Up reserves the right to change any and all Content and other items used or contained in the Pick It Up App at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING DISCLAIMERS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU USE THE PICK IT UP APP AND SERVICES, INCLUDING ALL DATA PROVIDED THROUGH THE SERVICES, AT YOUR OWN DISCRETION AND RISK. PICK IT UP IS NOT RESPONSIBLE FOR (AND PICK IT UP DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PREMISES, HOME, FACILITY, AND ALL OTHER ITEMS AND PETS IN YOUR HOME OR OTHER BUILDING, RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ALL CONTENT PROVIDED THROUGH THE SERVICES.
13. LIMITATION ON LIABILITY
IN NO EVENT WILL PICK IT UP, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PICK IT UP APP, OR ANY CONTENT ON THE PICK IT UP APP OR SUCH OTHER SERVICES OR ITEMS OBTAINED FROM PICK IT UP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PICK IT UP ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THE PICK IT UP APP OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU (IF ANY) FOR THE SERVICES AND FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pick It Up, LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your Personal Information, User Content, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party.
15. TERM, TERMINATION AND SUSPENSION
These Terms apply from the moment you first access the Services and continue until your account is terminated by you or by us.
Termination by you. You may stop using the Services at any time. You may cancel a paid subscription as described in Section 7, and you may request deletion of your account by contacting [email protected] or by using any account-deletion control provided in the Services.
Termination or suspension by us. We may suspend or terminate your access to the Services, in whole or in part, if you materially breach these Terms, if we are required to do so by law, if your payment fails, or if we reasonably believe your use creates a risk of harm or legal exposure to you, to other users, or to us. Where the circumstances reasonably allow it, we will give you notice and, for a curable breach, an opportunity to cure. We may also discontinue the Services generally, in which case we will give you reasonable advance notice and refund the unused portion of any subscription fee you have prepaid.
Effect of termination. On termination, your right to use the Services ends immediately. Sections concerning health and liability disclaimers, assumption of risk and release, automated guidance, intellectual property, User Content licenses, disclaimers of warranty, limitation of liability, indemnification, governing law, and this section survive termination. Termination does not entitle you to a refund except as stated in Section 7 or as required by law. We may delete your data following termination in accordance with the Privacy Policy, so export anything you want to keep before you close your account.
16. GOVERNING LAW AND JURISDICTION
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non- contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
17. SEVERABILITY
If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
18. CONTACT INFORMATION
Please contact support at [email protected] for any questions or concerns relating to this Terms of Use.
19. ENTIRE AGREEMENT; WAIVER; CONSTRUCTION; SEVERABILITY; NO AGENCY
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services and the Pick It Up App. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Pick It Up to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The terms "include" and "including" mean, respectively, "include without limitation" and "including without limitation." The headings of sections of these Terms are for reference purposes only and have no substantive effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.
Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction — including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. We will give you notice of any such assignment through the Services or by email.
Force majeure. We are not liable for any failure or delay in performing our obligations where that failure or delay results from a cause beyond our reasonable control, including acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, power or telecommunications failure, denial-of-service attack, or the failure or unavailability of a third-party hosting, payment, or infrastructure provider.
Notices. We may give you notice by email to the address on your account, or by posting a notice within the Services. You are responsible for keeping that email address current. You may give us notice at [email protected].
Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted or prohibited parties. You may not use the Services in violation of any applicable export control or sanctions law.