TERMS OF USE

Effective Date: March 17, 2017.

 

ICHOOSR PROVIDES THIS WEB SITE (THE “SITE”) TO YOU SUBJECT TO THESE TERMS OF USE (THESE “TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THE SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL  TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THIS SITE.

 

Definitions and Interpretations used in these Terms of Use

References  to  “we” or  “us”   means  iChoosr  LLC,  with  a  registered  office  located  at  2711 Centerville Road, Suite 400, Wilmington, Delaware 19808 (“Registered Address”), iChoosr LLC is registered as a Class I aggregator under 16 Tex. Admin. Code § 25.111 at the Public Utility Commission of Texas under number #80419.

“Participant” means a (legal) person, whose enrollment in the Group Buying Program is confirmed by iChoosr.

“Partner” means a hoster and promoter of any product or service sold or offered on the site(s) and described further therein.

“Product” means any product or service purchased by you or offered to you on this Site.

Supplier or Provider” means a provider offering products or services in the Group Buying Program.

Anything expressed to be in “writing” shall include email, regular mail, telephone, fax, text message, chat and other correspondence and permissions indicated by electronic submission via the Internet.

1.  INTRODUCTION

These Terms of Use along with our Privacy Policy apply when you register on or use our website www.ichoosr.com and affiliated websites including but not limited to the websites designed by iChoosr (the “Sites”), as well as when you register through a Partner to purchase a Product. By accessing and using this Site as well as our paper-based service (offline service) you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, you are not permitted to access and use this Site or our offline service and you should cease such access and/or use immediately.

We provide an independent online and offline (regular mail-based) service, which enables you to purchase Products from Suppliers or Providers. This service is free for you to use. Nothing on this Site or in our written personal communication is, or shall be deemed to constitute a recommendation or endorsement by us with respect to any supplier, product, or service referred to on this Site. Information on this Site as well as information sent to you by regular mail is provided for general information purposes only, should not be relied upon by you, and is provided so that you can consider whether you are interested in entering into a direct contract with a supplier.

You should always check the suitability, adequacy, and appropriateness of the product or service that is of interest to you, and it is your sole decision whether to obtain or refrain from obtaining any product or service. If you are in any doubt as to the suitability, adequacy, or appropriateness of any product or service referred to on this Site or in our written personal communications to you, we suggest that you seek independent professional advice before you enter into a direct contract with a supplier.

2.   OWNERSHIP OF THE SITE

The Site, any content on the Site and the infrastructure used to provide the Site, are proprietary to us. By using the Site and accepting the Terms of Use: (a) we grant you a limited, personal, non- transferable, non-exclusive, revocable license to use the Site pursuant to these Terms of Use and any other terms and policies set forth by us, (b) you agree not to reproduce, distribute, create derivative works from, publically perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without or express written consent.

3.   NO SOLICITATION

The information provided through the Site is intended solely for the general knowledge of visitors to the Site and does not constitute an offer or a solicitation of an offer to purchase or sell any shares or other securities. The information contained in this Site does not constitute advice and must not be relied upon in connection with any investment decision.

4.   USER SUBMISSIONS

This Site may now or in the future permit the submission of images, videos or communications by you to us, other users or Suppliers or Providers (“User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them and agree that any content you share with or post to us is subject to these Terms of Use. You further affirm, represent and warrant that you own and have the legal right to use such content.

Any information submitted or communicated to us through use of the Site or Products that does not include personal information about you or data about you is non-confidential and non- proprietary and we may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. We are under no obligation to use or post any such information and may remove any information at any time in our sole discretion. Any personal information or data submitted to us through use of the Site is governed by the terms of the Privacy Policy.

5.   USE OF THE SITE

There is no charge for enrollment and registration on the Site and through Partners. Your enrollment or registration on the Site or through a Partner is not a guarantee that you will be offered an offer. For example, sometimes the suppliers who participate in our reverse auctions are unable to offer terms to all the Participants. iChoosr and any participating Provider may not deny service or require a prepayment or deposit for service based on a customer’s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer in an economically distressed geographic area, or qualification for low income or energy efficiency services. For residential customers, iChoosr or a Partner cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of 12 months or less.

The Participant must be at least 18 years old and live at an address, which can be verified by iChoosr.

The Participant guarantees that the information provided by them is correct and, if changes are made to such information, the Participant will notify iChoosr in writing and if the winning Supplier has already been made known to the Participant, to that Supplier as well.

The Participant can be excluded by iChoosr from certain Products if, in iChoosr’s sole discretion, the Participant provides insufficient information for iChoosr to sell or offer a Product to the Participant.

We may partner with third parties to host and promote the Product, like your City or a type of consumer-oriented organization. When you have signed up via a Partner, and the Partner has ceased to host and promote the Product, we will have the option to invite you to purchase future Products via email, regular mail, telephone, fax, text message, chat and other correspondence and permissions indicated by electronic submission via the Internet.

The Participant warrants that there are no facts or circumstances that prevent them from lawfully purchasing any Product.

6.  LIMITATIONS OF LIABILITY

ICHOOSR PROVIDES AN INDEPENDENT ONLINE SERVICE, WHICH ENABLES YOU TO PURCHASE PRODUCTS AND SERVICES PROVIDED BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO PARTICIPATING IN AUCTIONS OR REVERSE AUCTIONS FOR VARIOUS PRODUCTS AND SERVICES PROVIDED BY THIRD PARTY SUPPLIERS OR PROVIDERS. THESE PRODUCTS AND SERVICES ARE NOT PROVIDED BY ICHOOSR BUT ARE INSTEAD PROVIDED BY INDEPENDENT THIRD PARTIES (THE SUPPLIERS OR PROVIDERS). YOU ARE RESPONSIBLE FOR REVIEWING AND UNDERSTANDING THE DETAILS OF ANY PRODUCT OR SERVICE BEFORE ENTERING INTO A CONTRACT WITH A SUPPLIER AND ICHOOSR STRONGLY RECOMMENDS THAT YOU READ SUCH CONTRACTS CAREFULLY BEFORE ENROLLING WITH THE SUPPLIER. ICHOOSR IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH ANY PRODUCT OR SERVICE YOU OBTAIN AFTER USING THIS SITE OR ANY AFFILIATED THIRD-PARTY OFFLINE SERVICES, OR FOR ANY ACTS, OMISSIONS, ERRORS, OR DEFAULTS OF ANY THIRD PARTY IN CONNECTION WITH THOSE PRODUCTS OR SERVICES.

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST ICHOOSR, ITS OWNER, ITS OPERATOR AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE  THROUGH  THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT ICHOOSR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK. WITHOUT LIMITATION OF THE  FOREGOING, NEITHER ICHOOSR NOR ANY PARTIES PROVIDING SITE  CONTENT SHALL BE  LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM ICHOOSR OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ICHOOSR’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ICHOOSR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ICHOOSR FOR ACCESS TO OR USE OF THE SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH ANY PRODUCT YOU OBTAIN AFTER USING THIS SITE OR OUR OFFLINE SERVICE THROUGH A PARTNER FOR ANY ACTS,  OMISSIONS, ERRORS OR DEFAULTS OF ANY THIRD PARTY IN CONNECTION WITH THAT PRODUCT OR SERVICE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT ICHOOSR MAY NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHICH MAY AFFECT CERTAIN FUNCTIONS OF THIS SITE, WHETHER OR NOT  RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ICHOOSR’S RECORDS, PRODUCTS OR SERVICES.

IN VIEW OF THE PARTICULAR TECHNICAL CHARACTERISTICS OF THE INTERNET, ICHOOSR CANNOT RULE OUT THE POSSIBILITY THAT ACCESS TO THIS SITE MAY BE INTERRUPTED DUE TO MAINTENANCE, DELAY IN THE TRANSFER OF INFORMATION, OR A DEFECT IN ITS SERVER.

7.  WARRANTY DISCLAIMER

THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ICHOOSR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON THE SITE. ICHOOSR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF. ICHOOSR IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE ICHOOSR ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, ICHOOSR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

8.   DIGITAL MILLENNIUM COPYRIGHT ACT (“DCMA”)

If you own a copyright, trademark, patent or other intellectual property rights (“IP Rights Owners”), or if you are an agent authorized to act on the IP Right’s Owner’s behalf (Authorized Agent”) and you have a good faith belief that material or Products on the Site infringe the IP Right’s Owner’s right, you can report your concerns by submitting a complaint at the Register Address provided in these Terms of Use. Your complaint must contain the following information: (a) an electronic or physical signature of the copyrighted work, (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use in not authorized; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or Authorized Agent. We reserve the right to terminate you, or any third party’s rights to use the Site if such use infringes the copyrights of another.

9.  FORCE MAJEURE / ACT OF GOD

If, as a consequence of facts and circumstances beyond its control, or not attributable to it, iChoosr is hindered from completing part or all of its activities, it has the right to suspend execution of them.

10.  SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

11.   ENTIRE AGREEMENT

The Terms of Use, including without limitation, the Privacy Policy and all other terms incorporated by reference constitute the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and us.

12.  PRIVACY

We are committed to protecting your privacy and we treat your privacy very seriously. Please refer to iChoosr’s Privacy Policy for information on how iChoosr collects, uses, and discloses personally identifiable information from its users.

13.  GENERAL CLAUSES

You and iChoosr explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Texas, without regard to its conflicts of law principles. You agree that all claims you may have against iChoosr, arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in the state of Texas. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to  assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Texas, you will be responsible for compliance with all local laws of such other jurisdictions.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with iChoosr or its affiliates for products, services, or otherwise. iChoosr reserves the right to change or modify any of the terms and conditions contained in these Terms of Use, or any policy or guideline of the Site, at any time and in its sole discretion without notice. Please periodically review the Terms of Service and Privacy Policy at this Site. Your continued use of the Site will mean acceptance of those changes.

14.   DISPUTE RESOLUTION/ARBITRATION AGREEMENT

Any dispute or claim between you and us, including our subsidiaries, affiliates, and/or any of their respective members, officers, directors and employees (all such collectively referred to herein as the “iChoosr Entities”) arising out of relating in any way to, or in connection with the Terms of Use, Privacy Policy, the Site, your use of the Site, your Personal Data or any Products (“Dispute(s)”) shall be resolved by final binding arbitration or by bringing a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (hereinafter defined) you and the iChoosr Entities are each giving up the right to go to court and have a Dispute heard by a judge or jury or to join a class action (except as otherwise set forth herein).  The provisions of the section shall constitute your and iChoosr Entities’ written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”) unless an individual challenge is brought to a small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable laws and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the Registered Address. Payment of all filing, administrative, and arbitrator fees will be governed by the AAA’s rules. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you may have entered into in connection with the Site; (2) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable iChoosr Entity shall agree to, or a court shall select another arbitration provider.

We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

If for any reason a Dispute proceeds in court (a) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and the iChoosr Entity agree that any Dispute may only be instituted in a state or federal court in Travis County, Texas; (b) you and the iChoosr Entity irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (c) you and the iChoosr Entity agree to waive any right to a trial by jury. You and iChoosr agree that the Federal Arbitration Act, the  AAA  rules, applicable federal law, and the laws of the State of Texas without regard to principles of conflicts of law will govern this Dispute Agreement and any Disputes.

Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of  a party’s intellectual property, or any intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of the iChoosr Entity.

If any provision of this section is ruled to be unenforceable, then the balance of this section shall remain in full effect and construed and enforced as if the portion rule unenforceable were not contained herein.

Nothing in these terms precludes an end-use customer from bringing a complaint within the jurisdiction of the Public Utility Commission of Texas to that agency.

15.  CONTACT

If you have any questions, or if you wish to contact us with any comments or requests you may have about the use of your Personal Data, you can do so by e-mail at info@ichoosr.com or by regular mail at to iChoosr LLC, 401 Congress Avenue, Suite 1540, Austin, Texas 78701. We will respond to your message as soon as possible. In your correspondence to us, please provide your first and last name, address, phone number, and, where possible, e-mail address.