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Terms and Conditions

Terms and Conditions

Effective Date: January 1, 2020

PBJ Pickup, LLC ("PBJ Pickup," "us" or "we") operates the https://pbjpickup.app website (the “Site”).  These Terms and Conditions apply to the Site and all services offered by PBJ Pickup LLC through the Site (the “Service”).

By using this Service, you fully accept and are bound by these Terms and Conditions and our Privacy Policy.  Your access to and use of the Site and the Service is subject exclusively to these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Registration

To create and maintain a PBJ Pickup Account, you must be at least 18.

When you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update your registration information to keep it true, accurate, current and complete.

As a registered user, you choose a unique password. You may not use the password of any other person to access the Service. You are responsible for maintaining the confidentiality of your password and may not let any other person use it to access the Service. You are solely responsible for the activities of anyone accessing the Service using your password, even if the activities were not authorized by you. You must notify us at support@pbjpickup.com immediately of any unauthorized use of your password. In addition, if you believe or suspect your password has been compromised, you must promptly change your password using the functionality provided in the Service.

Individual PBJ Pickup Sites

When you use our Service, you may be creating and maintaining, on behalf of yourself or another person, an account (“Account”). In order to create an Account on behalf of someone else, you need to have their express permission. If they are not able to provide permission due to their age (e.g., minor child) or circumstances (e.g., illness), you must be authorized to act on behalf of the person for whom the Account is created or have the permission of a person authorized to act on that person's behalf. Access to each Account is controlled by the privacy settings selected by the creator of the Account; more details may be found in our Privacy Policy.

PBJ Pickup may, without prior notice, delete your Account. Cause for deletion includes without limitation: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by the subject of an Account or a person authorized to represent that person, (d) discontinuance or material modification to the Account (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made in PBJ Pickup's sole discretion and that PBJ Pickup will not be liable to you or any third-party for deletion of an Account.

Privacy Policy

Our Privacy Policy describes the personal information we collect when you and others use our Service. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms and Conditions.

Submission Restrictions

Users’ interactions on the Service, including on Accounts, should be courteous and respectful and should refrain from inflammatory and defamatory comments, as well as personal attacks, taunting and general disrespect. Whether creating and maintaining an Account on behalf of yourself or another person, visiting and posting to an Account created by someone else, creating a member profile, or otherwise using or posting on the Service, you may be posting a variety of content, including without limitation text, graphics, photographs, information, videos, links and other material ("Submissions"). You may not post Submissions that:

  • Violate any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;

  • Are harmful, hateful, threatening, abusive, harassing, defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate or inflammatory;

  • You know (or reasonably should know) are false, deceptive or misleading;

  • Contain information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver's license numbers, security codes or passwords;

  • Contain private or sensitive information about any other individual, such as information about that person's sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person's express permission;

  • Contain the image, name, or likeness of anyone other than yourself, unless you have first obtained that individual's express permission;

  • Link to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;

  • Violate any applicable local, state, national, or international law;

  • Are inconsistent with the values or the spirit of the PBJ Pickup community;

  • Constitute in spamming, commercial activities, advertising of illegal or controlled products, or otherwise violate the law;

  • Are in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities;

  • Interfere or attempt to interfere with the proper working of the Service or prevent others from using the Service, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages to the Service, or that otherwise negatively affects other persons' ability to use the Service;

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Uses any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any User's account or monitors or copies the Service or the content contained therein; or

  • Contains irrelevant content, repeatedly posts the same or similar content or otherwise imposes an unreasonable or disproportionately large load on the PBJ Pickup network infrastructure.

 

By posting Submissions on our Service, you are granting PBJ Pickup a non-exclusive, worldwide, full paid-up and royalty-free, fully assignable, transferable and sublicensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on your Submissions, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known.

The license granted in the preceding section of these Terms and Conditions shall automatically terminate with respect to our future uses of Submissions within a commercially reasonable time after you remove (or ask us to remove) such Submissions from an Account. However, to the extent we have already exercised any of the foregoing license rights with respect to the removed Submissions, such licenses shall not be deemed revoked as to the prior uses. In addition, such licenses shall not be deemed revoked as to any Submissions that have been transmitted to other websites, persons or media. For example, if you have asked us to forward your postings to your Facebook page as soon as we receive them, and we have done so, we have no way to remove them from your Facebook page. Termination of this license does not terminate the license you have granted in any Ideas contained in your Submissions. In addition, termination of this license does not terminate our right to preserve, access and disclose your Submissions if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Submission violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PBJ Pickup, its users and/or the public.

By posting a Submission, you represent and warrant that the posting of your Submission does not violate these Terms and Conditions or applicable laws.

PBJ Pickup does not have any obligation to review or monitor Submissions, and therefore does not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service.  We are not responsible for any such Submissions.  We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.

You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these Terms and Conditions.

The Submissions posted on our Service by any person, regardless of that person's affiliation or non-affiliation with PBJ Pickup, reflect only the opinions of the person posting the Submission.

You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission. If you think any content or Submission violates your intellectual property rights, please consult with your attorney.

UNDER NO CIRCUMSTANCES SHALL PBJ PICKUP OR ITS SPONSORS BE LIABLE IN ANY WAY FOR ANY SUBMISSIONS POSTED ON OR MADE AVAILABLE THROUGH AN INDIVIDUAL SITE BY YOU OR ANY OTHER USER. 

 

Intellectual Property

This Service, including all of the software and code comprising or used to operate the Site, all Accounts and all content, trademarks or copyrighted works provided by PBJ Pickup is owned by PBJ Pickup or by third parties who have licensed their rights to PBJ Pickup. No right, title or interest in the Service or any PBJ Pickup content is transferred to you under these Terms and Conditions.  PBJ Pickup does not claim ownership of the copyrights in your Submissions.

License to use the Service. We hereby grant you a limited license to access and use our Service, including any Account to which you have properly gained access, and to download and print copies of any Content to which you have properly gained access, but only for your own use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in these Terms and Conditions, unless you first obtain our written permission. This license and these restrictions do not apply to your own Submission.

License to Ideas. By submitting opinions, feedback, suggestions, inventions, conceptions or ideas (collectively referred to as “Ideas”) to PBJ Pickup, you are granting to PBJ Pickup and its designees a perpetual, irrevocable, worldwide, non-exclusive, fully-paid up and royalty free, fully assignable, transferable and sublicensable license to use, exploit, modify, improve, copy, distribute, display or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format or medium now or hereafter known, and to authorize others to do the same. The term “Ideas” does not includes any Submission you post on an Account. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.

PBJ Pickup does not wish to receive confidential or proprietary ideas. All Ideas submitted to PBJ Pickup through our Service shall be considered NON-CONFIDENTIAL and NON-PROPRIETARY.

Right to Modify or Discontinue Service and Sites

PBJ Pickup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, the Site or Accounts (or any part thereof) with or without notice. PBJ Pickup shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Accounts.

Linked Sites and Social Media

The Service and Sites may provide links to other websites or resources that are neither controlled nor endorsed by PBJ Pickup. The Site may also include widgets or buttons that allow you to share, post, retweet or otherwise use content from the Site to interact with other social media platforms (“Social Media Features”). The privacy policy and terms and Conditions for utilizing Social Media Features are governed by the social media platform utilized. PBJ Pickup is not responsible in any manner for any content, advertising, products or other materials on or available on linked sites or through Social Media Features.

Disclaimer of Warranties

PBJ PICKUP MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PBJ PICKUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PBJ PICKUP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SERVICE.

Limitations of Liability

UNDER NO CIRCUMSTANCES, SHALL PBJ PICKUP, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, OR YOUR USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PBJ PICKUP OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PBJ PICKUP, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Choice of Law, Jurisdiction and Venue

These Terms and Conditions and the relationship between you and PBJ Pickup shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of New York, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SERVICE OR THESE TERMS AND CONDITIONS SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN MONROE COUNTY, NEW YORK, U.S.A. YOU AND PBJ PICKUP IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General Term Disclosures

As used in these Terms and Conditions, the term "including" means "including, but not limited to." Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms and Conditions shall remain in full force and effect.

These Terms and Conditions set forth the entire understanding and agreement between us and supersede all prior understandings and agreements between you and PBJ Pickup with respect to the subject matter hereof.

 

Changes to Terms and Conditions and Privacy Policy

We reserve the right to update or modify these Terms and Conditions or our Privacy Policy at any time, without prior notice, by posting the revised version of these Terms and Conditions or Privacy Policy on our Site. When we change the Terms and Conditions or our Privacy Policy we will update the Effective Date at the top of this page. Your continued use of our Service after we have posted the revised Terms and Conditions or Privacy Policy constitutes your agreement to be bound by the revised Terms and Conditions or our privacy practices.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: support@pbjpickup.com

By visiting this page on our website: http://www.pbjpickup.com/contact

By phone number: 585-440-5848