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TERMS AND CONDITIONS

This website is owned and operated by WE Pickups LLC (“Company”), sole and exclusive provider of the Waste Electronics Pickups℠ service (“WE Pickups”) which can be accessed via our website at https://wepickups.com. These Terms and Conditions (“Terms”) govern your use of our websites, servers, products, services, and applications that may be available from time to time (“Services”). For purposes of these Terms, the words “we,” “us,” and “our” refer to the Company; “You” refers to you as a visitor or user of the Services. 

Please read these Terms carefully before accessing or using the Services as this is a legally binding agreement between the Company and you (“Agreement”). If you do not understand these Terms, or do not agree to be bound by them, you must immediately leave our website and you are not authorized to access or use any of the Services.

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE ELIGIBLE TO USE THE SERVICES AND HAVE THE RIGHT AND ABILITY TO BE BOUND AND PERFORM BY THE FOLLOWING TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK, AND THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THEM. THESE TERMS APPLY TO ALL VISITORS AND USERS OF THE SERVICES, INCLUDING WITHOUT LIMITATION TO VISITORS OR USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/OR CONTRIBUTORS OF CONTENT. 

If you have any questions, comments, or concerns about these Terms or the Services, please contact us at legal@wepickups.com.

1. TERMS OF USE

  1. When using, accessing, or purchasing particular products, services or features of the Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms. You can review the most current version of the Terms at any time on this page.
  2. We reserve the right to modify, update, change, replace, suspend, or discontinue any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Services and to provide us notice to remove you from any distribution lists or other communication lists that are available to you through your use of the Services. You agree that we shall not be liable to you or other third party for any such modification, update, change, replace, suspension or discontinuance. Your continued use of or access to this website following the posting of any changes constitutes acceptance and agreement to be bound by all of those changes. 
  3. You will comply with any instructions provided to you by the Company in connection with your use of the Services. The Company may establish general practices, policies, and limits, which may or may not be published, concerning the use or operation of the Services and reserves the right to change its instructions, general practices, policies, and limits at any time, in its sole discretion, with or without notice to you.
  4. The Company retains the right, in its sole discretion, to determine whether or not your use of the Services is consistent with the Terms of this Agreement. We may suspend, restrict or terminate your use of the Services and to refuse any future use of all or portions of the Services if your use breaches or fails to comply with any of the Terms of this Agreement. Additionally, the Company may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
  5. Subject to full compliance with these Terms, we grant authorized users a non-exclusive, non-transferable, non-sublicensable, terminable license to access and use the Services for your personal use. 
  6. As a condition of your access and use of the Services and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Services (collectively, the “Content”), you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to:
    1. violate these Terms, other applicable agreements with us, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
    2. use the Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
    3. solicit others to perform or participate in any unlawful acts;
    4. use the Services or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
    5. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without our express written consent, which may be withheld by us in our sole discretion;
    6. harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    7. impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Company, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
    8. knowingly provide or submit false or misleading information;
    9. take any action that would undermine the Services;
    10. attempt to gain unauthorized access to the Services, other user accounts, or other computer systems or networks connected to the Services;
    11. use the Services in any way that could interfere with the rights of the Company or the rights of other users of the Services;
    12. attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server used by us by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Services user;
    13. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
    14. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Services;
    15. access, download, monitor, or copy any information contained on our Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Services; or
    16. probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on or of the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Services, or any other customer of the Company, including any account not owned by you, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by us and provided for by the Services.
  7. The content that you provide (“User Content”) does not reflect the views of the Company, its officers, managers, owners, employees, agents, designees or other users. We take no responsibility and assume no liability for any User Content or other information posted by you or any other user or third-party. We may, but are under no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion is unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable, or violates any portion or these Terms.
  8. As a condition of submitting any User Content or other materials to the Services, you agree that you:
    1. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
    2. will not submit irrelevant User Content, repeatedly submit the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    3. grant the Company a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such User Content into other works;
    4. grant the Company all rights necessary to publish or refrain from publishing your name and address in connection with your User Content; sublicense through multiple tiers the User Content, and acknowledge that this license cannot be terminated by you once your User Content is submitted to the Services;
    5. grant the Company all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your User Content by any other party;
    6. represent that you own or have secured all legal rights necessary for the User Content submitted by you to be used by you, the Company, and others as described and otherwise contemplated in these Terms;
    7. represent and warrant that each person identified, depicted, or shown in in your User Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content consistent with these Terms;
    8. are solely responsible for any User Content you submit and its accuracy.

2. TERMS OF SERVICE

  1. We may require that you create an account to use or access certain parts of the Services and use certain products and features. We may require that you provide login information such as a username and password, email, or phone number to access and utilize your account. As a condition of your use of the Services, you agree to (i) provide us with true, accurate, current and complete information as prompted by our registration forms, when registering for or using the Services and (ii) update and maintain the truthfulness, accuracy and completeness of such information. 
  2. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
  3. By providing account information, you agree that we may contact you in accordance with our Communication Policy available at https://wepickups.com/legal/privacy-and-policies. You promise that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any current or future use of the Services (or any portion thereof) or any other of our services by you. 
  4. We may, in our sole discretion, limit or cancel quantities purchased through the Service. Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or service address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  5. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.  Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Service, we cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  6. You agree we are not responsible for any limitations, delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.

2.1 WASTE ELECTRONICS PICKUPS℠

  1.  Overview

    1. The Company is a New York City licensed electronics store (#2103700) and general second-hand dealer (#2103843) registered with the New York State Electronic Equipment Recycling and Reuse Act Program (#01315) to accept electronic waste. Our goal is to divert consumer electronics which are broken and/or unwanted by a resident from illicit disposal into the general waste stream by offering WE Pickups as an electronics pickup service for residential customers (“Pickup”).
    2. WE Pickups is limited in scope and currently only includes pickup and transportation of residential consumer electronics. We do not engage in the recycling of electronics. We do not provide any data mitigation or wiping services. Sometimes recyclers we work with may engage in such services or you may do so yourself prior to our pickup.

  2. Availability

    1. WE Pickups is available and offered only within New York City, that is, the boroughs of Manhattan, Bronx, Brooklyn, Queens, and Staten Island (“Service Area”).
    2. The address for which you request a Pickup (“Pickup Address”) must be a residential address in the above Service Area. We currently do not serve non-residential customers such as business or institutions.
    3. We do not generally require that you be present during the performance of our services, though we do require that you follow our “Pickup Guide” available at https://wepickups.com/help/pickup-guide.
    4. While we offer pickups for given timeframes, we cannot always guarantee the completion of a pickup during that time as there can be any number of reasons beyond our control that can prevent us from doing so. We reserve the right to alter the timing of any of our services where we deem it is appropriate, without needing to supply that reason. 

  3. License to Enter

    1. We require that you have the legal authority and permission to request our Services at the specified Pickup Address as to grant us a temporary license to enter private property and premises (“License to Enter”). 
    2. By requesting a pickup, you agree to grant us this License to Enter for the duration necessary to complete our Services. 
    3. We do not generally require that you be present during the performance of our Pickup. When necessary, you or your representative may be present.
    4. You agree to and guarantee these conditions, which entails that you are responsible for disclosing any information which may impart on or may be at odds with them. This includes information regarding your actual place of residence (which may or may not be the same as your billing or Pickup Address), any hazardous or dangerous conditions at or near the service address which may be present during our time at the property, or any other information which may be necessary to ensure a safe and compliant Pickup. 
    5. You agree to quit any claims which may arise out of the License to Enter or our entering the Pick Address, including any damages claims. 

  4. Timing

    1. Our goal is to perform our Service in a reasonable amount of time necessary to ensure proper preparation of electronics and access onto the premises. 
    2. Generally, we aim to provide the opportunity for a pickup to occur on any day of the week during reasonable business hours.

  5. Eligible Items

    1. Recent laws ban the disposal of certain electronics into the general waste-stream and require that you seek proper channels for recycling. The local government may provide free-of-charge recycling options for you to take advantage of, which we attempt to identify and inform you of.
    2. Our aim is to offer our Services for all electronics listed within the laws, as well as certain others which we deem are equally viable for recycling and which recyclers will accept. 
    3. We are not bound to accept every or any item during the execution of our services and may refuse to do so without supplying a reason.
    4. You affirm that you reviewed our most current and up-to-date listing of eligible electronics for pickup located on https://www.wepickups.com/help/elegible-items. You also agree that the electronics which you request a pickup for are not meant for commercial, industrial, or medical uses, since we do not handle these types of electronics at this time.
    5. You affirm that the electronics which you supply for pickup are not hazardous or harmful in any way beyond their inherent and legally defined characteristics. This means that they do not contain any explosive, radioactive, liquid, corrosive, or similarly dangerous materials. Failure to abide by these terms may result in our cancellation of your pickup, termination of our Agreement, and possible legal actions. 

  6. Preparation of Items

    1. We require that you prepare the electronics for pickup in specific ways as to prevent damages or harm to us or our equipment. You are expected to prepare your electronics in the manner which we lay out in our Pickup Guide, these terms, as well as anywhere else on our website or communications. 

  7. Transfer of Rights

    1. You may not assign, delegate or transfer these Terms or your rights or obligations herein or your Services account in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
    2. By using our Services, you recognize that WE Pickups LLC is a dealer in second-hand electronics, and for your benefit, the Company removes and transports your unwanted electronics. You agree to grant and assign the Company all the ownership rights associated with your electronics without limitation. The Company does not agree to incur any debt or liability on your behalf.

  8. Pricing and Fees

    1. Our Services are offered at posted prices and fees, which may be found at https://www.wepickups.com/request. These offerings and their costs may be adjusted at our discretion at any time, even during the duration of a requested pickup. They are effective immediately as of their posting on the webpage. Any applicable local taxes will be charged and collected. We do not charge a recycling fee.
    2. Prices for our Services may vary based on the size of each electronic.
    3. Prices for our Services may vary based on the Pickup scheduling option.
    4. Additional fees may be charged based on the Pickup as a whole.
    5. We may charge other fees for incidental costs when processing your Service request.

  9. Payments

    1. We require prepayment for our Services which we agree to provide on the basis of the information which you provide us. You may make payments online through our 3rd Party payment processor., We do not accept any checks or money orders. All payments will be processed and charged at the time of submission.
    2. As fees are charged, they become immediately payable in order to continue the pickup process. Unpaid fees will result in a delay with the pickup or even cancellation. In special circumstances, we may charge additional fees subsequent to our completing a pickup, which also become immediately payable else your account may be suspended. All invoices are available electronically, and requests for physical copies will be honored after you pay a nominal fee to cover the expense of printing and mailing such invoice.
    3. You agree not to dispute any payment with your bank or credit card unless you have exhausted all resources to reach a resolution with us.

  10. Rescheduling and Adjustments to Pickups

    1. “Rescheduling” refers to changing the date or time for a Pickup. “Adjustments” refers to changing the number of electronics or the variety of sizes. Collectively, they are referred to as “Changes to Pickups.”
    2. Changes to Pickups may be made online or over the phone.
    3. Changes to Pickups must be made 24 (twenty-four) hours prior to the date for our Services. Not all Changes may be available afterwards. We reserve the right to refuse and revoke any changes differing from the initial Service request.

  11. Cancellations and Terminations

    1. Cancellations are governed by our Cancellation Policy which can be found at https://wepickups.com/legal/privacy-and-policies.
    2. Your account may be Terminated by us in accordance with these Terms and our policies. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of property rights, and terms regarding disputes between us.

  12. Promotions, Coupons, and Discounts

    1. Promotional coupons are only eligible for the specific services designated by us. Promotional coupons are valid for a limited time only and expire on the date we indicate. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. We reserve the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
    2. Our promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Service. Promotional coupons may not be purchased for cash and we do not sell promotional coupons. Promotional coupons are nonrefundable.
    3. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction-based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
    4. Your account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

3. PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy located here: https://wepickups.com/legal/privacy-and-policies

We may use third-party service providers to provide site metrics and other services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications to your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@wepickups.com.

4. OPTIONAL TOOLS

We may provide you with access to third-party tools, which we neither monitor nor over which we have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. As a result, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party.

5. THIRD-PARTY LINKS

Our Service may include materials from third-parties and third-party links available through the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. ERRORS, INACCURACIES, AND OMISSIONS

From time to time there may be information available through the Services that contains typographical errors, inaccuracies or omissions that may relate to, among other things, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You understand and agree that the SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE SERVICES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK.

To the extent permitted by law, we may make and preserve copies of any information or any other content or data you provide through the Services for internal back-up and other legal or regulatory purposes. However, the Company is not obligated to preserve copies of such information, content or other data.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, possibly without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, in each case to the extent permitted by applicable law.

In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. To the extent The Company is found liable for anything related to this Agreement or the use of our Services, the Company’s liability for damages will not exceed the equivalent of the value of the Services you received.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. TRADEMARKS AND COPYRIGHTS

Waste Electronics Pickups℠, WE Pickups, and other Service graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of WE Pickups LLC in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.

You should assume all Content and material made available on the Services is protected by copyright law. Aside from User Content, all other materials and other information on the Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of WE Pickups LLC and/or its licensors and are protected by all United States and international copyright laws. You acknowledge and agree that all content and other information available through the Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of WE Pickups LLC and/or its licensors or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.

9. CONFIDENTIAL INFORMATION

You agree that you will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which you have obtained, except as authorized by us or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination or cancellation of this Agreement. 

10. FORCE MAJEURE

A Party shall not be deemed in default of this Agreement, nor shall it hold the other Party responsible for any cessation, interruption, or delay in the performance of its obligations due to a natural disaster (earthquake, flood, fire, storm, etc.) act of God, war, terrosim, armed conflict, labor strike, lockout, forced closure of our office(s), boycott or other similar events beyond the reasonable control of the Party in the event of a Force Majeure. In this case, the company shall refund 80% of the Initial Payment and any monies paid toward the balance due to you within 90 days of a Force Majeure being declared. Both parties agree that 20% of the Initial Payment is nonrefundable and serves to cover labor and administrative expenses.

Alternatively, after a Force Majeure being declared, if circumstances are such that a postponement of the Service to a later date is deemed feasible and agreeable, both Parties may agree to make the necessary arrangements to reschedule the Service to a date and time suitable to both Parties, subject to availability. All Initial Payments and/or Payments made by you shall be applied to the rescheduled date and are subject to the Cancellations and Refunds provisions set forth above. 

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and any subsidiaries, affiliates, owners, partners, officers, managers, directors, agents, designees, successors, assigns, users, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any applicable law or the rights of another or harm you may have caused to another. The Company will have sole control of the defense of any such damage or claim.

12. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

We may terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Services and agree not to access or make use of, or attempt to use, the Services. Furthermore, you acknowledge that we reserve the right to take action, technical, legal or otherwise, to block, nullify or deny your ability to access the Services. You understand that we may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to us.

All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

14. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for the Company to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of the Company’s damages for the specified breaches of this Agreement.

If you post content in violation of this Agreement, you agree to promptly pay the Company One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by the Company, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

15. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire Agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

In no event shall any ambiguities in the interpretation of these Terms be construed against the drafting party.

16. GOVERNING LAW

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of New York

17. LIMITATIONS PERIOD

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

18. NOTICES

You agree that the Company may communicate any notices to You under these Terms, through electronic mail, regular mail or posting the notices on the Site. All notices to the Company will be provided by sending a letter, first class certified mail, to WE Pickups LLC 99 Wall St #3021, NY, NY 10005. , Attn: Customer Care. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing a written notification of claimed infringement that includes substantially the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
  5. 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 or trademark owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

19. USER FEEDBACK

We appreciate hearing from you, as well as our other users, and welcome your comments regarding our Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.

20. MUTUAL NON-DISPARAGEMENT

At any time during or after this Agreement the Parties hereto respectively agree to not make any statements in writing or otherwise, including through the mediums of social media and web based platforms, that disparage the reputation, integrity, character, or professionalism of any other party. This clause will not be construed so as to limit any party’s ability to express their dissatisfaction with the performance of the other party, as it relates to the performance of the terms of this Agreement, provided that:

  1. the dissatisfied party has expressly contacted the other party and raised awareness of the issue giving rise to that party’s dissatisfaction by providing a detailed account of the alleged issue;
  2. the dissatisfied party has provided the other party a reasonable opportunity to address the issues raised and has made a good faith effort to resolve any grievance;
  3. the perceived or alleged grievance, issue, or dissatisfaction does not arise from the Company exercising its reserved rights or its Terms as set forth in this Agreement;
  4. the party receiving the grievance has taken no action whatsoever to address the issue raised or has failed to respond within a reasonable period of time;
  5. the issue giving rise to the alleged dissatisfaction involves a breach of a provision of this Agreement.

21. MISCELLANEOUS

These Terms are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.
Users of these Services are responsible for compliance with all applicable regulations and laws.
No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or use of the Services.