Terms of Service
Welcome to www.PickMeOn.com, a social networking website that helps registered users post and share their rides with their friends, colleagues, family and general public (the “Our Website”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEB SITE. BY ACCESSING OR USING OUR WEB SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT USE OUR WEB SITE.
The Site is owned and operated by K&I International, Inc., a Washington State Corporation ("PickMeOn" or "we"). This Terms of Service (as amended from time to time without notice to you, this " Terms of Service ") sets forth the terms and conditions applicable to your use of the services available under our Site (collectively, the "Services"). The current version of the Terms of Service is always available at this page. You are responsible for regularly reviewing this Terms of Service, as amended from time to time.
All text, photographs, data, information, visual, oral or other digital material, software (including source and object codes), all other content of any description available on our web site or included in any services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by PickMeOn, its affiliates or third parties who have given us permission to use it.
You must register on the Site in order to access and use our Site and Services and shall not register for more than one User account or register for a User account on behalf of an individual other than yourself. You’re registering or otherwise accessing and using the Site constitutes your agreement to all terms, conditions and notices set forth in this Terms of Service. Your continued access and use of the Site constitutes your agreement to all such terms, conditions, and notices of this Terms of Service, as so amended and modified. As a member, you are responsible for maintaining the confidentially of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Access to and use of password-protected and other secure areas is restricted to registered members. Attempting to access these restricted areas without authorization is prohibited.
This Site is intended solely for use by individual users who have attained the age of majority (the "Legal Age") to form a legally binding contract in the applicable jurisdiction(s). By registering on the Site or otherwise accessing and using our Services under the Site, you represent and warrant to us that you have attained the Legal Age in all applicable jurisdictions. PickMeOn reserves the right to terminate your membership with or without notice if you are, or we reasonably believe you are, under the Legal Age in any applicable jurisdiction, and to prohibit you from using or accessing the Services.
3. Information provided through our site
We will do our best to keep PickMeOn.com safe, but we cannot guarantee it. While we reserve the right, but not the obligation, to remove or edit such online content, we do not assume responsibility or accept liability for the accuracy of any information, ideas and/or opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and/or opinions posted by users.
You authorize us to use and publish any materials that you post on this web site in any manner we choose and without any obligation to compensate you or anyone else. If you post any materials on our web site, you will not:
a. Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
b. Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
c. Post any material that is obscene or indecent;
d. Post any trademarks, logos or copyrighted material without the authorization of the owner;
e. Harass, defame, intimidate or threaten another user;
f. Interfere with another user's rights to privacy;
5. Limited Scope of Services.
PickMeOn merely provides a ride listing and searching. We are not otherwise involved in or a party to the actual transaction between Drivers and Passengers. It is your responsibility to communicate, negotiate and reach an agreement with Passengers and Drivers on all terms and conditions of the Trip and you assume all responsibility for any agreement you reach with regard to a Trip. It is the responsibility of Drivers to maintain adequate insurance to cover liability arising out of the ownership and operation of the listed vehicle to be used in a Trip. PickMeOn shall have no liability relating to the ownership or operation of any listed vehicle in connection with a Trip or any damages, injury or losses incurred by a party in connection with a Trip or an agreement to make a Trip.
6. We do not verify the identity and control the information of third parties
PickMeOn cannot and does not investigate or guarantee any user's purported identity, picture, insurance, criminal record or traffic violations record, or the actual existence or identity of any listed vehicle, or its actual condition. Please note that there are also risks of dealing with underage persons or people acting under false pretense. We do not control or censor the information provided by other users that is made available through our Site. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. By using this Site, you agree to accept all such risks and PickMeOn is not responsible for the acts or omissions by you or other users on the Site.
7. Links to other third party websites and content
Our web site may provide links to third-party web sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content") and may link you automatically to sponsors' or partners' web sites. We provide such links solely for the convenience of our users and to provide our users with information about our sponsors, partners and other affiliates. We do not review or endorse, and are not responsible for, any content, advertising, products, services or other materials on or available from such web sites. We are not liable for any direct or indirect damages or losses caused by your use of third-party web sites. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of such Third Party Sites to which you navigate from the our Site. You assume full responsibility for your use of third-party web sites.
8. If you think we’re using your stuff
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise any materials that violate another person’s intellectual property rights. If you believe that any of material on Our Website infringes upon any copyright you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:
8797 West Gage Blvd
Kennewick, WA 99336
You are solely responsible for your interactions with other PickMeOn Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You agree to defend, indemnify and hold harmless PickMeOn and its officers, agents, employees, licensors and service providers from any and all claims, liabilities and expenses, including, without limitation, attorneys' fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Service, applicable law or any right of PickMeOn or any third party.
You further agree to defend, indemnify and hold harmless any organizations that may promote or refer you to PickMeOn or provide benefits to PickMeOn members, including employers, non-profits, government agencies and others.
We may terminate your right to use our web site at any time and without notice. We will terminate your right to use our web site if you violate any of these Terms of Service or any other policy posted on our web site, if you attempt to register as a member under multiple names or otherwise use this web site for fraudulent purposes or if we become aware that you are infringing any copyright or other intellectual property right.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF OUR WEB SITE IS AT YOUR SOLE RISK. OUR WEB SITE, THE CONTENT AND ANY PRODUCTS AND SERVICES YOU ACQUIRE THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (together with our officers, directors, employees, representatives, affiliates, and providers) DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT YOUR ACCESS TO OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY OR SECURE OR THAT THE CONTENT OF OUR WEB SITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF OUR WEB SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OUR WEB SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, (A) ANY ERRORS IN, OR OMISSIONS FROM, OUR WEB SITE AND THE CONTENT; (B) ANY THIRD-PARTY WEB SITES, CONTENT AND/OR SERVICES DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS FROM OUR WEB SITE; (C) THE UNAVAILABILITY OF OUR WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF, OR INABILITY TO USE, OUR WEB SITE; (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH OUR WEB SITE; OR (F) ANY COMPUTER VIRUSES, WORMS OR "TROJAN HORSES," ANY OTHER TYPE OF DESTRUCTIVE OR MALICIOUS COMPUTER CODE (BY WHATEVER NAME IT IS CALLED), OR ANY UNAUTHORIZED COMPUTER CODE THAT IS ATTACHED TO, OR MADE A PART OF, OUR WEB SITE BY ANY PERSON, GROUP OR ORGANIZATION.
13. Governing Law; Venue and Jurisdiction
These Terms of Service are governed by and interpreted in accordance with the laws of the state of Washington, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service will be brought in the state or federal courts located in the state of Washington. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue.