Terms and Conditions
Welcome to QuickPick.com. QuickPick.com Services LLC and/or its affiliates ("QuickPick") provide website features
and other products and services to you when you visit or shop at QuickPick.com, use QuickPick products or services,
use QuickPick applications for mobile, or use software provided by QuickPick in connection with any of the foregoing
(collectively, "QuickPick Services"). QuickPick provides the QuickPick Services subject to the following conditions.
By using QuickPick Services, you agree to these conditions. Please read them carefully.
We offer a wide range of QuickPick Services, and sometimes additional terms may apply. When you use an QuickPick
Service (for example, Your Profile, Gift Cards, QuickPick Video, Your Media Library, QuickPick devices, or QuickPick
applications) you also will be subject to the guidelines, terms and agreements applicable to that QuickPick Service
("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will
Please review our Privacy Notice, which also governs your use of QuickPick Services, to understand our practices.
When you use QuickPick Services, or send e-mails, text messages, and other communications from your desktop or
mobile device to us, you may be communicating with us electronically. You consent to receive communications from us
electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the
other QuickPick Services, such as our Message Center, and you can retain copies of these communications for your
records. You agree that all agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any QuickPick Service, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software is the property of QuickPick or its
content suppliers and protected by United States and international copyright laws. The compilation of all content
included in or made available through any QuickPick Service is the exclusive property of QuickPick and protected by
Chinese and international copyright laws.
Click here to see a non-exhaustive list of QuickPick trademarks. In addition, graphics, logos, page headers,
button icons, scripts, and service names included in or made available through any QuickPick Service are trademarks
or trade dress of QuickPick in the U.S. and other countries. QuickPick's trademarks and trade dress may not be used
in connection with any product or service that is not QuickPick's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits QuickPick. All other trademarks not owned by
QuickPick that appear in any QuickPick Service are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by QuickPick.
One or more patents owned by QuickPick apply to the QuickPick Services and to the features and services
accessible via the QuickPick Services. Portions of the QuickPick Services operate under license of one or more
patents. Click here to see a non-exhaustive list of applicable QuickPick patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable
fees, QuickPick or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable
license to access and make personal and non-commercial use of the QuickPick Services. This license does not include
any resale or commercial use of any QuickPick Service, or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of any QuickPick Service or its contents; any downloading,
copying, or other use of account information for the benefit of any third party; or any use of data mining, robots,
or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use
or any Service Terms are reserved and retained by QuickPick or its licensors, suppliers, publishers, rightsholders,
or other content providers. No QuickPick Service, nor any part of any QuickPick Service, may be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written
consent of QuickPick. You may not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of QuickPick without express written consent.
You may not use any meta tags or any other "hidden text" utilizing QuickPick's name or trademarks without the
express written consent of QuickPick. You may not misuse the QuickPick Services. You may use the QuickPick Services
only as permitted by law. The licenses granted by QuickPick terminate if you do not comply with these Conditions of
Use or any Service Terms.
You may need your own QuickPick account to use certain QuickPick Services, and you may be required to be logged
in to the account and have a valid payment method associated with it. If there is a problem charging your selected
payment method, we may charge any other valid payment method associated with your account. You are responsible for
maintaining the confidentiality of your account and password and for restricting access to your account, and you
agree to accept responsibility for all activities that occur under your account or password. QuickPick does sell
products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use the QuickPick Services only with involvement of a parent or guardian.
Parents and guardians may create profiles for teenagers in their QuickPick Household. Alcohol listings on QuickPick
are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality
related to alcohol. QuickPick reserves the right to refuse service, terminate accounts, terminate your rights to use
QuickPick Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and
submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including
publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of
"spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a card or other content. QuickPick reserves the right (but not
the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant QuickPick a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish,
perform, translate, create derivative works from, distribute, and display such content throughout the world in any
media. You grant QuickPick and sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that use of the content you supply does not violate this policy
and will not cause injury to any person or entity; and that you will indemnify QuickPick for all claims resulting
from content you supply. QuickPick has the right but not the obligation to monitor and edit or remove any activity
or content. QuickPick takes no responsibility and assumes no liability for any content posted by you or any third
INTELLECTUAL PROPERTY COMPLAINTS
QuickPick respects the intellectual property of others. If you believe that your intellectual property rights are
being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from QuickPick are made pursuant to a shipment contract. This means that the risk
of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
QuickPick does not take title to returned items until the item arrives at our fulfillment center. At our
discretion, a refund may be issued without requiring a return. In this situation, QuickPick does not take title to
the refunded item. For more information about our returns and refunds, please see our Returns Center .
QuickPick attempts to be as accurate as possible. However, QuickPick does not warrant that product descriptions
or other content of any QuickPick Service is accurate, complete, reliable, current, or error-free. If a product
offered by QuickPick itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We
regularly check List Prices against prices recently found on QuickPick and other retailers. Certain products may
have a "Was Price" displayed, which is determined using recent price history of the product on QuickPick.
With respect to items sold by QuickPick, we cannot confirm the price of an item until you order. Despite our best
efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by
QuickPick is higher than our stated price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in
the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for
digital products, until we make the digital product available to you.
When you use apps created by QuickPick, such as the QuickPick App or Kindle App, you may grant certain
permissions to us for your device. Most mobile devices provide you with information about these permissions. To
learn more about these permissions, click here .
SANCTIONS AND EXPORT POLICY
You may not use any QuickPick Service if you are the subject of U.S. sanctions or of sanctions consistent with
U.S. law imposed by the governments of the country where you are using QuickPick Services. You must comply with all
U.S. or other export and re-export restrictions that may apply to goods, software (including QuickPick Software),
technology, and services.
Parties other than QuickPick operate stores, provide services or software, or sell product lines through the
QuickPick Services. In addition, we provide links to the sites of affiliated companies and certain other businesses.
If you purchase any of the products or services offered by these businesses or individuals, you are purchasing
directly from those third parties, not from QuickPick. We are not responsible for examining or evaluating, and we do
not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites).
QuickPick does not assume any responsibility or liability for the actions, product, and content of all these and any
other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE QuickPick SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QuickPick SERVICES ARE PROVIDED BY QuickPick ON AN "AS
IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QuickPick MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE QuickPick SERVICES, OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THE QuickPick SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
QuickPick SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, QuickPick DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QuickPick DOES NOT
WARRANT THAT THE QuickPick SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE QuickPick SERVICES, QuickPick'S SERVERS OR ELECTRONIC
COMMUNICATIONS SENT FROM QuickPick ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE
LAW, QuickPick WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY QuickPick SERVICE, OR FROM
ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH ANY QuickPick SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any QuickPick Service, or to any products or services sold
or distributed by QuickPick or through QuickPick.com will be resolved by binding arbitration, rather than in court,
except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and
federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an
arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our
registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration
will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary
Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse
fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise,
QuickPick will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are
frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person
in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a
class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration
we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
By using any QuickPick Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of
the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and QuickPick.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your
use of QuickPick Services. We reserve the right to make changes to our site, policies, Service Terms, and these
Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any
ADDITIONAL QuickPick SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and
any related documentation we make available to you in connection with QuickPick Services (the "QuickPick Software").
- Use of the QuickPick Software. You may use QuickPick Software solely for purposes of enabling you to use the
QuickPick Services as provided by QuickPick, and as permitted by these Conditions of Use and any Service Terms.
may not incorporate any portion of the QuickPick Software into other programs or compile any portion of it in
combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify,
create derivative works of, distribute, assign any rights to, or license the QuickPick Software in whole or in
All software used in any QuickPick Service is the property of QuickPick or its software suppliers and is
by United States and international copyright laws.
- Use of Third Party Services. When you use the QuickPick Software, you may also be using the services of one or
more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any
security associated with the QuickPick Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the QuickPick Software at any time and without notice to
- Government End Users. If you are a U.S. Government end user, we are licensing the QuickPick Software to you as
"Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and
rights we grant you to the QuickPick Software are the same as the rights we grant to all others under these
Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other QuickPick or third-party
terms applicable to any portion of QuickPick Software, such as open-source license terms, such other terms will
control as to that portion of the QuickPick Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
QuickPick accepts service of subpoenas or other legal process only through QuickPick’s national registered agent,
Corporation Service Company (CSC).
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing
of your request. That information will include, for example, e-mail and/or credit card number used to make purchases
for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device
serial number for QuickPick devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our
online form. This form may be used to report all types of intellectual property claims including, but not limited
to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat
infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's behalf.