TERMS & CONDITIONS

Updated 4/28/2021

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the pickdoff.com website and its related services, products, and software, you agree to be bound by these terms and conditions. You also accept the terms & conditions when you create an account, make a purchase as a guest, or otherwise interact with the Site. You further agree to be bound by these terms and conditions and to any additional terms or restrictions that may be posted in connection with specific sections or services of this Site. All such additional posted terms and restrictions are hereby incorporated by reference into these terms and conditions. We may make changes to the terms and conditions at any time. It is your responsibility to review the terms and conditions for updates or changes. If you do not agree with the terms and conditions, you should not use this website.

You may not use this website if you are under the age of 13. If you are between the ages of 13 and 18, you may use this website only with the approval and supervision of a parent or guardian. If you are a parent or legal guardian who has agreed to be bound by these terms and conditions on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of this website, including all financial charges and legal liability that such child may incur.

Commercial Terms

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Return and Refund Policy

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt within 14 days of the date you receive the product, and we will exchange it. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased.

Retention of Right to Change Offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Warranties & Responsibility for Services and Products

When we receive a valid warranty claim for a product purchased from us, we will replace the product. If we are unable to replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of replaced products to customer and customer will be responsible for return shipment of the product to us.

Ownership of Intellectual Property

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Pick'd Off LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

Indemnification

You agree to indemnify and hold Pick'd Off LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Pick'd Off LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Pick'd Off LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States/South Carolina, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Simpsonville. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.