Pick! Pay! Ride! Terms and Conditions
Questions
If you have any questions about the terms of service, the practices of this site, or your dealings with this Web site, you can contact Customer Service at pickpayrideATlouisgarneau.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
1. Conduct Policy
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at lgpickpayride.com (the "Service") and operated by KitOrder LLC ("Kit Order"). By using this Service, you agree to be bound by the terms of this Conduct Policy. Any violation of this policy may result in the suspension or termination of your access to the site or use of our services and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
2. Other Applicable Terms
Refer to Pick.Pay.Ride.’s Privacy Policy to understand how Pick.Pay.Ride. collects, uses and discloses your personal information. The Service is not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register or submit any personal information to the Service.
3. Conduct Policy
You agree to the terms of Pick.Pay.Ride.’s Conduct Policy related to your use of the Service, including your submission of any data, text, photographs, graphics, messages, or other materials (collectively, "User Content"). The Conduct Policy is located at the beginning of, and is a part of, this Terms of Use.
4. Links and Third Party Services
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against Louis Garneau with respect to such sites.
5. Copyright and License
Louis Garneau logos, images, and text (collectively, "Materials") are ALL RIGHTS RESERVED Copyright © 2012 Louis Garneau. Louis Garneau grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to: (a) use the Service or Materials for other than for its intended purpose, including but not limited to any marketing or other commercial uses; (b) use framing techniques to enclose any portion of the Service, including any images found on the Site or any text, layout or design of any page or form contained on a page; (c) publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.
6. Your Liability and Duty of Order Managers
You are solely responsible for your activities on our Site, including all content that you submit or a third party submits on your behalf or through the use of your account. You agree to indemnify Louis Garneau and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Use, including violations of our Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
Team managers are solely responsible for placing an order with Louis Garneau. All team managers agree under this Terms of Use to place their team's order in a timely fashion. Users are encouraged to confirm the identity of their team manager prior to participating in an order. Louis Garneau will not be held liable for any mistakes associated with placement of an order, including failure by the manager to place the order itself.
7. Trademarks and Service Marks
"Louis Garneau," "lgpickpayride.com," “louisgarneau.com” and Louis Garneau’s logos may not be copied, used or imitated, in whole or in part, without the prior written permission of Louis Garneau. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without Louis Garneau’s permission. Additionally, all service marks, trademarks, and/or trade dress of Louis Garneau, may not be copied, imitated, or used, in whole or in part, without Louis Garneau’s prior written permission. All other Louis Garneau names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners.
8. No Warranties
The site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. Louis Garneau disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. Louis Garneau does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free. Louis Garneau is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
9. Refund Policy
Any refund requests must be directed to your order manager, i.e. the person who invited you to the order. Louis Garneau does not issue refunds to its users. The team manager will be funded the order amounts paid by team members and the manager is responsible for issuing refunds to the order participants. Our service fees are non-refundable under all circumstances.
10. Limited Liability
In no event shall Louis Garneau be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data. You agree that Louis Garneau’s aggregate liability for any actual and direct damages hereunder shall not exceed the amounts paid by Louis Garneau to you under this agreement. You acknowledge that this is a reasonable allocation of risk for your use of the site. Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
11. Applicable Law and Venue
This Terms of Use and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of Vermont applicable to agreements made and entirely to be performed within the State of Vermont, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Terms of Use shall be filed only in state or federal court located in Orleans County, Vermont, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Use.
12. Changes to this Terms of Use
Louis Garneau reserves the right to change or modify any of the terms and conditions contained in this Terms of Use, or any policy of the Service, at any time and in its sole discretion. If Louis Garneau decides to change this Terms of Use, it will post a new version on the Service and update the effective date set forth above. Any changes or modifications to this Terms of Use or policy will be effective upon posting of the revisions. Your continued use of the Service following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply.
13. Prohibited Conduct
The following non-exhaustive list describes the type of illegal or harmful conduct that are prohibited on our Service. You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes); You agree not to upload, post or otherwise transmit any data that 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; You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. You agree not to use an account name, file or directory name, or third level domain (i.e., example.kitorder.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party's products or services; You agree not to attempt to disguise the origin of any User Content transmitted to the Service; You agree to not act in any manner that negatively affects other users' ability to use the Service; You agree to not impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; You agree to not interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; You agree to not post content that would be harmful to minors in any manner.
14. System and Network Security
You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service or to breach security or authentication measures. Unauthorized monitoring of data or traffic on the Service. Interference with the Service including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks. Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers. Using manual or electronic means to avoid any use or access limitations placed on this Service.
15. Enforcement
Notwithstanding anything to the contrary in this Conduct Policy, Louis Garneau reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Service or its systems, equipment or network. Louis Garneau further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Louis Garneau deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, Louis Garneau reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Kit Order suspects you have violated this Conduct Policy or any law or regulation. Louis Garneau also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of this Conduct Policy, please contact us at: pickpayride@louisgarneau.com
16. General Terms and Repeater Infringer Policy
Louis Garneau reserves the right, without notice and in Louis Garneau’s sole discretion, to terminate your account and your license to use the Service and to block or prevent future access to and use of the Service. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is Louis Garneau's policy to terminate, in appropriate circumstances as determined in Louis Garneau’s sole discretion, subscribers or account holders who Louis Garneau determines are repeat infringers. If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
