Last Updated 12/31/2022
WELCOME TO CHOICr!
CHOICr LLC (“CHOICr“, “we“, “us“, “our“) provides its services (described below) to you through its website located at www.choicr.com (the “Site”) and through its related services (collectively, such services, including any new features and applications, and together with the Site, the “Services”), subject to these terms of service and license agreement (the “Terms“).
Please read these Terms fully and carefully before using the Services, because these Terms form a legally binding contract between you and CHOICr for your use of the Services. We provide you with access to and use of the Services subject to your compliance with these Terms. By using the Services, you expressly agree to be bound by these Terms. You agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing the Services. The materials contained on and in the Services are protected by applicable copyright and trademark law.
These Terms may be updated periodically to account for changes to existing services, pricing, the introduction of new services, products, improvements, or features, or a change in the legal or regulatory framework regarding the Services. If there is a material change to the Terms, we will provide notice of the revised Terms, which may consist of a public notice on our website. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CHOICr ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Permission is granted to use our Services for personal, non-commercial purposes only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify the materials; use the Services for anything other than their intended use; attempt to destroy, hinder or copy any software contained on our Site; remove any copyright or other proprietary notations from our materials; transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by CHOICr at any time.
CHOICr’s Services are provided “as is”. CHOICr makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CHOICr does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Services or otherwise relating to such materials or on any sites linked to the Services.
Modifications to Service: CHOICr reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CHOICr will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
General Practices Regarding Use and Storage: You acknowledge that CHOICr may establish general practices and limits concerning the use of the Services, including, but not limited to, the maximum period that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that CHOICr has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that CHOICr reserves the right to terminate inactive accounts for an extended period. You further acknowledge that CHOICr reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Third-Party Material: Under no circumstances will CHOICr be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that CHOICr does not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Service or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Not Brokerage Services: CHOICr is not registered as a broker under federal or state law. We do not provide brokerage services, maintain custody of customer funds or securities, or solicit the purchase or sale of securities.
Not Investment Advisory Services: CHOICr is not registered as an investment adviser under federal or state law. We do not provide investment advisory services.
YOUR RESPONSIBILITIES AND AUTHORIZED ACCESS
You will not misuse the Services in any manner, nor will you assist, support, or suggest that anyone else do so, including to:
- Probe, scan, or test the vulnerability of any system or network,
- Breach or otherwise circumvent any security or authentication measures,
- Access, tamper with, or use non-public areas or parts of the Services or shared areas of the Services that you do not have permission to access,
- Interfere with or disrupt any user, host, or network (for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services),
- Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk),
- Send unsolicited communications, promotions or advertisements, or spam,
- Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing,”
- Promote or advertise products or services other than your own without appropriate authorization,
- Resell, repackage, rebrand, or otherwise distribute the Services unless specifically authorized in writing to do so,
- Publish or share materials that are unlawfully pornographic or indecent or contain extreme acts of violence,
- Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
- Violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading, or
- Violate the privacy or infringe the rights of others.
You will use the Services only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.
Parts of this site may only be accessed by CHOICr subscribers (your “Account“). Only CHOICr subscribers and those entrusted by CHOICr subscribers may enter passwords, identification data, email addresses, etc. (“Secure Information“), at those pages, or view any information found on those pages. You promise not to (i) intentionally impersonate another person by using their name and/or email address or (ii) use an email address for which you don’t have the proper authorization. You must keep your password secure and should never publish, distribute, or post your Account login information because you are responsible for any activity that occurs on your Account. You set permissions for sharing or disclosing your Secure Information to another person or organization. You are prohibited from using another person’s account or registration information for the Services without their permission. You promise to immediately let us know if there is any unauthorized use of your Account, security breach, or change in your eligibility to use the Services. You can delete your Account at any time.
Persons designated by CHOICr may access any records on this Site. These persons are bound by confidentiality agreements not to share such information.
You are solely responsible for all content that you add, create, upload, submit, distribute or post to the Services and represent that all information provided or generated by you is accurate, complete, current, and in compliance with all Laws. By using the Services, you agree to update or correct any information which you have provided if such information becomes outdated or misleading.
OWNERSHIP AND OTHER INTELLECTUAL PROPERTY RIGHT
CHOICr (or its licensors) own all rights and interests to the Services. In exchange for your agreement and abidance to the Terms, CHOICr grants you a limited license to view and use the Services for the purposes contemplated thereby. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights or notices incorporated in or accompanying the Services. Further, you may not modify, distribute, publish, transmit, sell, transfer, or create derivative works of the Services, or use the Services in any other manner which is contrary to these Terms and the limited license granted hereby.
We welcome feedback, comments, ideas, concepts, and suggestions for improvements to the Services (“Feedback”). When you submit Feedback to CHOICr you are thereby granting CHOICr a worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable, and transferable license to any and all intellectual property rights in the Feedback to use, copy, modify, create derivative works of, and otherwise exploit the Feedback in any medium and for any purpose.
By providing CHOICr with an email address, you grant us permission to reply to email(s) you send using that email address. You also grant permission to communicate with you in the future using this email address. You understand that if you are using a public computer, others may have access to your email and that, therefore, emails sent to you may be seen by others on that computer, and such unauthorized access cannot be prevented by us. You have given us your permission to maintain copies of your correspondence and to use this correspondence in any way without paying you or obtaining your consent.
You may be able to link to third-party websites, services, or resources (collectively, “Third Party Sites”) on the internet and some Third Party Sites may link to the Services. We do not control Third Party Sites in any way, and you acknowledge and agree that we are not responsible or liable for the content, availability, functions, accuracy, legality, appropriateness, advertising, products, information, use of user information, security or privacy policies and practices, or any other aspect or materials of any Third Party Sites. The inclusion of any link does not imply endorsement by CHOICr of the site. Use of any such linked website is at the user’s own risk.
COSTS OF SERVICES
Your use of the Services is offered in exchange for a fee as described at the point of purchase and is subject to changes by CHOICr at any time. We may offer you additional services which you may elect to participate in or not for additional fees. We reserve the right, in our sole discretion, to amend or change our pricing policy for our Services.
If a trial period is being marketed, you may only go through one trial period. If you cancel or delete your Account and return, you will be billed immediately as if there were no trial period.
Unless otherwise indicated by us, and in our sole discretion, all sales are final and no refunds are provided for any Services provided.
LIMITATIONS OF LIABILITY
WE STRIVE TO PROVIDE GREAT SERVICES, BUT THERE ARE CERTAIN THINGS THAT WE CANNOT GUARANTEE. THEREFORE, TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL CHOICr, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO YOUR HEIRS, SUCCESSORS OR YOUR ESTATE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, (II) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES, (V) CHOICr’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (VI) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT, (VII) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES OR (VIII) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES (HOWEVER ARISING), EVEN IF CHOICr OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold CHOICr and its affiliates and their officers, employees, directors, and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, and expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services, any user content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another.
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree to notify us immediately if you become aware of (1) an act of infringement, violation, or misappropriation of the intellectual property of any other person, or (2) any unauthorized use of your account or any other breach of security known to you.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and CHOICr, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through FINAL AND BINDING ARBITRATION, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in SMALL CLAIMS COURT if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and CHOICr are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and efficiently, and prior to starting any formal legal proceedings we would like the chance to resolve your issue ourselves. You agree that before filing a claim against CHOICr, you will contact us, by email, at firstname.lastname@example.org. Upon receiving notice of your issue, we will attempt to resolve the issue informally. If we are unable to resolve the issue within thirty (30) business days, you or CHOICr may bring a formal legal proceeding. A party who intends to seek arbitration must first send to the other, by email, a written Notice of Dispute (“Notice”). The Notice to CHOICr should be sent to email@example.com (“Notice Address”). The Notice must (1) describe the nature and basis of the claim or dispute and (2) set forth the specific relief sought.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND CHOICr AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CHOICr AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Arbitration Procedures: During the arbitration, the amount of any settlement offer made by CHOICr or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or CHOICr is entitled. Arbitration will be conducted by one (1) neutral arbitrator, appointed in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, specifically the AAA’s Consumer Arbitration Rules and Consumer Due Process Protocol (collectively, the “AAA Rules”), which expressly govern the arbitration proceeding, except as modified by this Arbitration Agreement. For information on the AAA and its arbitrator roster, please visit its website at www.adr.org. Information about the AAA Rules, procedures, and fees for consumer disputes can be found on the AAA’s consumer arbitration page, www.adr.org/consumer, and may be updated from time to time. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons in accordance with controlling law.
Unless CHOICr and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, CHOICr agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees and other costs will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in this Terms of Service to the contrary, CHOICr agrees that if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that you are solely responsible for your interactions with any other user in connection with the Services and CHOICr will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Services.
You agree that CHOICr, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Services.
Revisions and Errata: The materials appearing on CHOICr’s Services could include technical, typographical, or photographic errors. CHOICr does not warrant that any of the materials on its Services are accurate, complete, or current. CHOICr may make changes to the materials contained in its Services at any time without notice. CHOICr does not, however, make any commitment to update the materials.
Governing Law: Any claim relating to CHOICr’s website shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.
Full and Complete Agreement: These terms and conditions represent the complete agreement between you and CHOICr regarding your rights to access and use the Services including the information obtained through or at this Site. This agreement is added to and not exclusive of any other agreement between you and CHOICr regulating the conduct of your relationship with us.
All rights given to CHOICr in these terms and conditions are inclusive of any and all other rights given to us. We do not waive any power or right under these terms and conditions even if we don’t always insist on strict compliance with the agreement, or if we delay or fail to exercise any power or right afforded to us by the terms of this agreement.
No Assignment: You may not assign any of your rights under these Terms, and any such attempt will be void. CHOICr may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Enforceability: If any part of these Terms is held or found to be invalid or unenforceable, that portion of the Terms will be construed to be consistent with applicable law while the remaining portions of the Terms remain in full force and effect.