AGREEMENT BETWEEN USER AND CHOOSAMAZING.COM
Welcome to Choosamazing.com. This document governs your relationship with Choosamazing.com (our “Website”) and Choosamazing LLC ("we", "us"). Choosamazing.com is comprised of various web pages operated by Choosamazing LLC. Access to and use of Choosamazing.com and the products and services available through this Website (collectively, the "Services") are subject on your acceptance without modification of the following terms, conditions and notices (the "Terms of Service"). By using Choosamazing.com, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. Please read these terms carefully, and keep a copy of them for your reference. We reserve the right to withdraw or amend these Terms of Service without notice.
Choosamazing LLC will not be liable if for any reason Choosamazing.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.
You must be 13 years or older to access or use Choosamazing.com and the Services (or any part of it). If you are not an adult, meaning you are not at least the legal age of consent where you reside, you must have your parent or legal guardian agree to these Terms of Service on your behalf and supervise your access to and use of the Services. If you don’t meet the foregoing requirements, you are not authorized to access or use Choosamazing.com and the Services.
We make no representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related graphics contained on Choosamazing.com for any purpose. It shall be your own responsibility to ensure that any products, services or information available through Choosamazing.com meet your specific requirements.
IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, PLEASE DO NOT USE CHOOSAMAZING.COM.
THIRD PARTY MATERIAL
Choosamazing.com does not directly sell products. We maintain affiliate relationships with online stores. Choosamazing.com participates in Google's AdSense program and the affiliate programs of Amazon Associates, Groupon, CJ Affiliate, ShareASale and advertisers that are part of these affiliate networks. The links we place on product pages, blog articles, news pages, etc. allow us to earn a commission on the sale of products or on specific user actions. We do not guarantee prices, promotions, or products or services you may encounter on any third party site that was found or linked on Choosamazing.com. We make no representation that the Linked Sites are available for use in your location, and a reference to services within Choosamazing.com does not imply that the services or products will be available to you and/or in your location. Reliance on information on Choosamazing.com is done at your sole discretion and risk.
CHOOSAMAZING LLC MAKES NO WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS, PRODUCTS AND/OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Choosamazing LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Choosamazing LLC is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Choosamazing LLC, its members, owners, managers, officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
Visiting http://www.choosamazing.com or sending emails to Choosamazing LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on Choosamazing.com, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Choosamazing LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Choosamazing LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Choosamazing LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.
You must not misuse Choosamazing.com. You warrant to Choosamazing LLC that you will not use Choosamazing.com for any purpose that is unlawful or prohibited by these Terms of Service. You may not use Choosamazing.com in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of Choosamazing.com. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of our Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Choosamazing LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Choosamazing LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Choosamazing.com or to your downloading of any material posted on it, or on any website linked to it.
INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content, including, but not limited to the logo, slogan, images, text, layout, look, appearance and graphics made available to you on or through this Website remain the property of Choosamazing LLC, its licensors or affiliates and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on Choosamazing.com. The content on Choosamazing.com is not for resale. Your use of Choosamazing.com does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You may print, share and display the content supplied solely for your own personal use by linking to Choosamazing.com. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website in connection with any business or commercial enterprise. You agree that you do not acquire any ownership rights in any protected content.
OWNERSHIP OF TRADEMARKS AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on Choosamazing.com are in no way associated with or part of Choosamazing LLC. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Choosamazing LLC.
Choosamazing.com may contain forums or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another You of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other You from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Your participation in the Communication Services may be edited, censored or otherwise controlled by Choosamazing LLC; however, Choosamazing LLC has no obligation to monitor the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.
Choosamazing LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Choosamazing LLC reserves the right to terminate Your access to the Choosamazing LLC Services at any time without notice for any reason whatsoever. Choosamazing LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Choosamazing LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Choosamazing LLC does not control or endorse the content, messages or information found in any Communication Service and specifically disclaims any liability with regard to the Communication Services and any actions resulting from Your participation in any Communication Service.
MATERIALS PROVIDED TO CHOOSAMAZING.COM
You have no obligation to provide Choosamazing LLC with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Choosamazing.com, we may use it for any purpose without compensation to you. Choosamazing LLC does not claim ownership of the materials you provide to Choosamazing.com (including feedback and suggestions) or post, upload, input or submit to Choosamazing.com. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Choosamazing LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Choosamazing LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Choosamazing LLC 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKING TO THIS WEBSITE
You may link to Choosamazing.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Choosamazing.com is controlled, operated and administered by Choosamazing LLC from its office within the United States of America. Choosamazing LLC makes no representation that materials on this website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use Choosamazing.com or export the Materials in violation of U.S. export laws and regulations. If you access Choosamazing.com from locations outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Choosamazing LLC content accessed through Choosamazing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Choosamazing LLC, its members, owners, directors, managers, officers, employees, consultants, agents, affiliates and any third parties from any and all liability, losses, damages, costs, expenses (including, but not limited to, legal fees), and/or third party claims, arising from your use or inability to use Choosamazing.com or its Services, any user postings made by you, your breach of the Terms of this Agreement or your violation of any applicable laws, rules or regulations. Choosamazing LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Choosamazing LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
CLASS ACTION WAIVER
Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
The information, software, products, and services included in or available through Choosamazing.com may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Choosamazing LLC and/or its suppliers may make improvements and/or changes in the site at any time. The information, software, products, services and related graphics displayed on Choosamazing.com are provided on an “as is” and “as available” basis without any guarantees, conditions or warranties as to their accuracy. To the fullest extent permitted by law Choosamazing LLC and its members, owners, managers, officers, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable under any circumstances for any harm, injury, loss and/or damages of any kind whatsoever incurred by you or anyone else, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of Choosamazing.com or the Linked Sites and any materials posted thereon, irrespective of whether Choosamazing LLC, its members, owners, managers and representatives have been advised of the possibility of such damages and whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF CHOOSAMAZING LLC AND SERVICES OR CONTENT ACCESSED THROUGH CHOOSAMAZING.COM AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON CHOOSAMAZING.COM AND SERVICES AND LINKS IN CONTENT ACCESSED THROUGH OUR WEBSITE AND SERVICES).
CHOOSAMAZING LLC MAKES NO WARRANTY THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHOOSAMAZING.COM OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.
You hereby release Choosamazing LLC, its members, owners, managers, representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to Choosamazing LLC or content accessed through Choosamazing.com and services, or any interactions with others arising out of or related to our Website and services or content accessed through Choosamazing.com and services.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Choosamazing LLC reserves the right, in its sole discretion, to terminate your access to Choosamazing.com and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of Choosamazing.com. Use of Choosamazing.com is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Choosamazing LLC as a result of this agreement or use of Choosamazing.com. Choosamazing LLC ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Choosamazing LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Choosamazing.com or information provided to or gathered by Choosamazing LLC with respect to such use.
If any part of this Terms of Service agreement is determined to be invalid or unenforceable (including any provision in which we exclude our liability to you) pursuant to applicable law, the enforceability of any other part of the Terms of Service will not be affected and all other clauses will remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
The above Terms of Service constitute the entire agreement between the user and Choosamazing LLC with respect to Choosamazing.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Choosamazing LLC with respect to Choosamazing.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS OF SERVICE
Choosamazing LLC reserves the right, in its sole discretion, to change the Terms of Service under which Choosamazing.com is offered. The most current version of the Terms of Service will supersede all previous versions. Choosamazing LLC encourages you to periodically review the Terms of Service to stay informed of our updates.
Effective as of: January 29, 2015