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:
RESTRICTIONS ON USE OF CONTENT:
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.
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 firstname.lastname@example.org.
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.
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.
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:
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.
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 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.