ChooseItRight.com - Terms of Use

 

 

The contents of the ChooseItRight.com website, including, but not limited to its online college and career match and education services (the “Site”), are owned and operated by Choose It Right, LLC (“Choose It Right”). Before using the Site, You must carefully read these Terms of Use. If You do not agree to these Terms of Use, You should immediately cease using the Site. For the purposes hereof, "You", "Your" and "Yourself" include any party accessing the Site as well as any corporation, partnership, limited liability company or other entity or entities on whose behalf or for whose benefit such accessing party is accessing the Site. “Use” or “Using” includes, without limitation, accessing, reviewing, reading, examining, skimming, browsing, and relying upon the Products, Content, and/or Services. Any capitalized terms not defined herein shall be defined in the Legal Waiver.

 

INTENDED AUDIENCE/USE:

All information, including without limitation, communications, software, scripting, photos, text, video, audio, graphics, images, sounds, music, articles, blogs, and other materials found on the Site (collectively, the “Content”) in addition to the Products and Services, are intended for the lawful use of the Site’s customers, affiliates, employees, and members of the general public who are over the age of thirteen (13). Use of the Site is subject to these Terms of Use, which may be changed by Choose It Right at any time. Choose It Right may give notice by means of a general notice on the Site, electronic mail to Your e-mail address on record in Your Service account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Your Service account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by e-mail). You may review the current version of the Terms of Use here.

 

LOCATION:

The Site is controlled and operated in whole or in part by Choose It Right from its offices within the United States. Choose It Right makes no representations or warranties that the content on its Site is appropriate or available for use in locations outside the United States. Those who access the Site from outside of the United States are responsible for compliance with applicable local laws and enter the Site at their own risk.

 

ACCEPTANCE OF TERMS:

You acknowledge that You have read and agreed to these Terms of Use. You agree to comply with all applicable laws and regulations, including, but not limited to, U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which You reside. You agree to comply with all local laws, regulations and rules regarding online conduct. You represent and warrant that You have the legal authority to accept these Terms of Use on behalf of Yourself or any party You represent. In the event You object to these terms, please refrain from using the Site.

 

RESTRICTIONS ON USE OF CONTENT:

You are hereby granted permission to access the Content, from the Site in whole or in part for the purposes of using the Site, and/or ordering the Products and/or Services. You may not engage in any unauthorized uses of any content on the Site, unauthorized copying or reproduction thereof, or unauthorized display thereof. You are hereby notified that the Content is protected in the U.S. and internationally by a variety of laws, which may include (without limitation) copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws. Choose It Right also owns a copyright in the selection and arrangement of the Content. In the event that You breach these Terms of Use, permission to access the Content from the Site shall automatically terminate.

Choose It Right grants You permission to use the Site only pursuant to these Terms of Use. Any other use of Content from the Site, including, but not limited to, downloading, uploading, publication, modification, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other means), or exploiting the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Choose It Right’s prior express written consent.

The Site is intended for use by persons over the age of thirteen (13). No information should be submitted or posted on this Site by users under thirteen. Choose It Right encourages parents to take an active role in their children’s use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

 

USER-GENERATED CONTENT:

Choose It Right users may post, upload, and or contribute (to “Post”) content to the Site (all such content collectively referred to herein as “User-Generated Content”). You are solely responsible for any User-Generated Content You provide and for any consequences thereof. You represent and warrant that You have the right to Post any User-Generated Content that You Post to the Site and that such User-Generated Content, or its use by Choose It Right as contemplated in these Terms of Use, does not: (a) violate these Terms of Use, applicable law, or violate or infringe upon the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval, or cooperation with You or Your User-Generated Content by Choose It Right without express written consent from Choose It Right. You hereby grant Choose It Right a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit and distribute any User-Generated Content that you Post on or in connection with the Site. Except for the rights specifically granted herein, You retain ownership of all rights, including intellectual property rights, in the User-Generated Content that You Post to the Site, except that, where permitted under applicable law, You agree to waive Your right to be identified as the author of any User-Generated Content on the Site and Your right to object to derogatory treatment of such User-Generated Content.

Choose It Right does not monitor, review, or edit User-Generated Content, but reserves the right to remove or disable access to any User-Generated Content for any or no reason, including but not limited to User-Generated Content that, in Choose It Right’s sole discretion, violates these Terms of Use. Choose It Right may take these actions without prior notification to You. Removal or disabling of access to User-Generated Content will be at Choose It Right’s sole discretion, and Choose It Right does not promise to remove or disable access to any specific User-Generated Content.

Choose It Right is not responsible for User-Generated Content nor does it endorse any opinion contained in User-Generated Content. If You believe that any User-Generated Content Posted by others infringes Your intellectual property rights, please contact us at support@chooseitright.com.

 

TRADEMARKS AND SERVICE MARKS:

There are numerous proprietary trademarks, logos, slogans and product designations found on this Site. By making them available on the Site, Choose It Right does not grant You a license therein for any purposes whatsoever. Access to the Site also does not confer upon You any license relating to any third party’s intellectual property rights.

No Choose It Right trademark, logo, slogan, Service mark or product designation may be used as a hyperlink without Choose It Right’s express prior written consent.

 

SUBMISSION OF INFORMATION:

Choose It Right cannot and does not guarantee the security of personal information, including, without limitation, credit card numbers and social security numbers (collectively “Personal Information”). Transmitting Personal Information through the Site has many risks, including, but not limited to, identity theft and fraud.  You acknowledge that You understand any security risks related thereto and hereby agree to assume any security risks relating to Personal Information.

You may not Post or transmit to or from the Site any User-Generated Content or other information that is threatening, unlawful, libelous, defamatory, obscene, scandalous, pornographic, inflammatory, or profane material, or material that in Choose It Right’s sole discretion, does not comport with Choose It Right’s vision or mission, or any other material that could give rise to civil or criminal liability under applicable law. In such event, Choose It Right shall have the right to remove such information from the Site and/or pursue such measures as provided under “User-Generated Content” above.

 

PRIVACY POLICY:

Choose It Right’s use and collection of personally identifiable information is subject to our Privacy Policy. Our Privacy Policy may be viewed here.

 

NO REFUND POLICY:

You understand that in purchasing and/or using Choose It Right’s Products and/or Services, Choose It Right does not offer a money back guarantee; each order and/or sale is final and no refunds will be issued at any time.

 

PARTICIPATION IN PROMOTIONS AND OTHER SITE ACTIVITIES:

If You choose to participate in a promotion or other Site activity ("Site Activity"), You agree to comply with any rules or regulations governing such Site Activity. Additionally, as a condition of Your continued participation in the Site Activity, You agree not to: 1) upload, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site Activity; 5) upload, post, email, transmit, link or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit, link or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, email, transmit, link or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, email, transmit, link or otherwise make available any material 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; 9) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You hereby agree that violation of any of the foregoing will result in Your immediate disqualification from being a participant in the Site Activity, and may result in additional legal actions being taken by Choose It Right.

 

LINKS TO THIRD PARTY WEB SITES:

This Site may provide links to other third party websites or resources. Choose It Right makes no representations of any kind about any other website or resource that may be accessed through the Site. You hereby acknowledge and agree that Choose It Right is not responsible in any capacity for any activities, including, but not limited to, content, advertising, products, services or other materials relating to any third party website or resource. You bear any risk in connection with such third party websites and resources and must take precautions to ensure that Your use thereof is free of viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party websites, resources or information are provided solely as a convenience to You, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with such third party or its products and services. Choose It Right makes no representation or warranty as to any third party content, products or services available on or through any such third party website or resource.

 

DMCA:

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on or through the website infringes your copyright, You (or Your agent) may send Choose It Right, LLC a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). DMCA notices and counter-notices regarding the website should be sent to:

Address: Brian Rogers, Blue Maven Law, LLC, 4818 Washington Blvd., St. Louis, MO 63108
ATTN: DMCA Agent – DMCA notice
Web Address: www.bluemavenlaw.com
Email: brian@bluemavenlaw.com
Fax: 314-480-7109

 

NOTICES:

Notices to You may be made through e-mail or U.S. mail. Choose It Right may additionally notify You of changes to these Terms of Use or other matters by displaying notices and/or links to notices to You generally on the Site.

 

LEGAL WAIVER:

To access Choose It Right’s Legal Waiver, click here.

 

DISCLAIMER OF WARRANTY:

CHOOSE IT RIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, CHOOSE IT RIGHT’S PRODUCTS, CONTENT AND/OR SERVICES OR ANY OTHER THIRD PARTY WEB SITES LINKED TO OR FROM THE SITE. ANY CONTENT OR OTHER TYPE OF MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CHOOSEITRIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHOOSEITRIGHT SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

 

INDEMNITY:

You agree to indemnify, defend and hold Choose It Right, its affiliates and subsidiaries, and each of their directors, executives, attorneys, agents, employees, partners and contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) user information and UGC You submit, post or transmit or make available through the Site, Products, Content, or the Services offered by Choose It Right, or (ii) violation of these Terms of Use or any applicable law or (iii) any legal proceedings threatened or initiated against Choose It Right by a third party as a result of the events described in this section, or your violation of any rights of another, including but not limited to intellectual property rights.

 

LIMITATION OF LIABILITY:

CHOOSE IT RIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS PRODUCTS, CONTENT OR SERVICES, LINKS OR THIRD PARTY WEBSITES OR RESOURCES, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF CHOOSEITRIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, CHOOSEITRIGHT’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING, BUT NOT LIMITED TO, THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 

CHOICE OF LAW; BINDING ARBITRATION; VENUE:

You and Choose It Right agree that any dispute, claim, or controversy arising out of or relating in any way to the Site or Your use thereof, including these Terms of Use, will be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that You and Choose It Right are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision will survive the termination of these Terms of Use. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Terms of Use, and as administered by the AAA. You and Choose It Right agree that these Terms of Use involve interstate commerce and are subject to the Federal Arbitration Act.

You agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual rights, and (b) any claims related to allegations of theft, piracy, or unauthorized use of the Site are not subject to mandatory arbitration. Instead, You and Choose It Right agree that these claims (including but not limited to claims for injunctive or equitable relief) will be exclusively decided by courts of competent jurisdiction in the state courts in the County of St. Louis, Missouri, USA and the federal courts in St. Louis City, Missouri, USA, and that applicable Missouri and/or Federal law will govern, without regard to choice of law principles.

You and Choose It Right agree that each may bring claims against the other only in Your or Choose It Right’s individual capacity, and not as a class member or in any representative capacity or proceeding. Further, no arbitrator may consolidate any other person’s claims with Your claims, and no arbitrator may otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then this entire section, except for the immediately-preceding paragraph, will be null and void. The arbitrator may not award declaratory or injunctive relief. In such case, all claims must be exclusively decided by courts of competent jurisdiction in the state courts in the County of St. Louis, Missouri, USA and the federal courts in St. Louis City, Missouri, USA, and applicable Missouri and/or Federal law will govern, without regard to choice of law principles.

Any arbitration must be commenced by filing a demand for arbitration with the AAA within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there will be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and Your share of arbitrator compensation will be limited to those fees set forth in the AAA’s Consumer Rules with the remainder paid by Choose It Right. Any arbitration costs or fees deemed “excessive” will be paid by Choose It Right.

 

REVISIONS:

Choose It Right may modify, suspend, withdraw or discontinue, temporarily or permanently, the Products, Content, and/or Services, in whole or in part, at any time without notice, for any reason or no reason. You agree that Choose It Right shall not be liable to You or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Choose It Right may, at any time, revise these Terms of Use. You hereby agree to be bound by any such revisions. You agree to undertake to periodically visit these Terms of Use to determine the current version of the Terms of Use to which You will be bound. You understand and agree that Choose It Right shall have the right to change the rates, costs, prices and charges at any time for any reason. You may review the current version of the Terms of Use here.

 

TERMINATION:

You agree that Choose It Right, in its sole discretion, may terminate or restrict Your use and access to this Site for any reason, including, but not limited to, violation of these Terms of Use.

 

GENERAL INFORMATION:

These Terms of Use supersede any prior terms of use between You and Choose It Right relating to use of this Site and such matters; provided, that You will also be subject to the ChooseItRight.com Privacy Policy and to additional terms and conditions that may apply when You subscribe to the Site or become an affiliate of the Site. In the event any provisions of these Terms of Use are held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms of Use. The failure of Choose It Right to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

 

      

 

 

 

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