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Terms & Conditions


Last Updated: 9th of October, 2018

These are the Terms and Conditions (the “Terms”) for accessing and using the websites, blogs, applications (mobile or otherwise), social media accounts, forums, services, and/or any other electronic platform or any other platform now in existence or later developed or used by us (collectively, the “Platforms”) by The Chosen Club US, Inc.  (the “Company”, “we”, “us”, “our”)

By accessing or using our Platforms, you agree to be bound by these Terms. If you do not accept all these Terms, then you should not access, download, upload, or otherwise use our Platforms. We may terminate, suspend, charge, or restrict access to all or any part of our Platforms without notice or liability.

Please note that these Terms include an arbitration provision, which you will be bound to by using and accessing our Platforms.

 

AVAILABILITY

US RESIDENTS ONLY: We make no claims or representations about whether this Platform is available or appropriate for use outside the United States. This Platform is not directed towards non-United States residents, nor is it intended for use outside the United States. If you are not a resident of the United States or if you are accessing our Platforms outside the United States, you should stop using our Platforms immediately.

13 YEARS OR OLDER: Our Platforms are only available for individuals 13 years or older. In some cases, you may have to be 18 years old or the age of consent in your jurisdiction to enter into a transaction. You hereby represent and warrant that you are the appropriate age to receive any products or services provided on our Platforms.

NOT AVAILABLE WHERE PROHIBITED: Our Platforms are not intended for distribution to, or use by, any person or entity in any city, county, state, or country where its distribution or use would be contrary to its respective laws or regulations. By offering our Platforms, no distribution or solicitation is made by us to any person to use our Platforms in jurisdictions where the provision of our Platforms is prohibited by law.

 

OUTAGES: We are also not responsible for any system outages, slowdowns, or capacity limitations.

 

CANCELLATION OF TRANSACTION. We may cancel any transaction if an item becomes unavailable after your purchase. If a transaction is cancelled, we will typically refund you the full amount of the transaction within 3-5 business days.


THIRD PARTY PRODUCTS & SERVICES. As part of our services, we partner with third parties to deliver items to you. We are not responsible or liable for any of the products and/or services purchased through third party companies. Please review the terms of use, disclaimers, warranties, or any other materials provided by such third party. If you have any issue with a product and/or service, you should reach out to that particular third party directly.

 

SECURITY OF ACCOUNT

In order to conduct certain activities and functionalities of the Platforms, you may need to register for an account, which includes creating access credentials, such as an email address and password. You are solely responsible for (1) monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials, (2) not allowing another person to use your access credentials, and (3) any charges or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials. We are not responsible for any harm relating to the theft of access credentials resulting from your actions, your disclosure of access credentials, or your decision in violation of these Terms to allow another person or entity to access and use our Platforms using your access credentials.

You must immediately notify us regarding any unauthorized use of your account or access credentials or any other concerns that you have about the misuse or security of your account by contacting us at hello@thechosenclub.com Until we receive such a notification from you, you may be held liable for any harm or loss resulting from the improper use of your device or access credentials.

You acknowledge and agree that you are solely responsible for maintaining the security of the devices you may use to access the Platforms. We are not responsible for any losses resulting from the loss or theft of any such device.


INTELLECTUAL PROPERTY

You may not use, copy, display, distribute, modify, or reproduce any of the trademarks, copyrights, patents, or other intellectual property found on our Platforms unless authorized by us in writing, such as in a licensing agreement. This includes but is not limited to software, source code, photographs, written content, images, text, data, logos, and designs.

Moreover, any information you submit to us may be deemed and remain our property. To the extent any such information is not owned by us, you hereby irrevocably assign that information to us. To the extent that such information is not assignable, you hereby provide us a non-revocable worldwide royalty-free and non-exclusive license (with the right to sublicense) to use, copy, reproduce, perform, display, process, adapt, transform, modify, publish, transmit, display, distribute, and create derivative works of the information in any and all mediums, now known or hereafter in existence, in perpetuity.


DMCA COMPLIANCE

YOUR RESPONSIBILITY. You are responsible for your use of the Platform and any content you submit, enter, post, share, or provide, including compliance with applicable laws, rules, and regulations.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Site infringe upon your copyright, then you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DESIGNATED AGENT. Our designated copyright agent to receive DMCA Notices is

Designated Agent:

Suzi Boyle
The Chosen Club US, Inc.
10877 Wilshire Blvd., Suite 1550
Los Angeles, CA 90024
Phone: (424) 421-9490
Email: suzi@thechosenclub.com

Status: Active

Effective: October 9, 2018 to Present

 

FAILURE TO COMPLY. If you fail to comply with all of the requirements of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

REPEAT INFRINGERS. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

THIRD-PARTY PLATFORMS. Please note that we will only be able to remove content or materials that are available on our Site and within our control. We will not be able to remove content or materials from third-party platforms that have used our code or technology.


MONITORING OUR PLATFORMS

We have no obligation to monitor our Platforms; however, you acknowledge and agree that we have the right to monitor our Platforms from time to time and disclose any information as necessary or appropriate to satisfy any law, regulation, governmental request, to operate or improve our Platforms, or to protect ourselves or users of our Platforms.

 

LINKS

Our Platforms may contain links to websites or other platforms that are controlled by third parties. We disclaim any liability for any information, materials, products, or services posted on a third-party website or platform. By creating a link featuring a third party on our Platforms, we in no way endorse or recommend that third party, and we shall not be held liable for any of their conduct. Such a third party may have terms and conditions, privacy policies, and other terms and policies of their own; we encourage you to read through them before using and accessing those websites and platforms.


WARRANTY DISCLAIMER

THE INFORMATION AND MATERIALS CONTAINED ON OUR PLATFORMS, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF CONTENT OR WEBSITES. WE DO NOT WARRANT THAT OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES DO NOT CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF OUR PLATFORMS IS AT YOUR OWN RISK.

THIS DISCLAIMER DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO YOU.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND PLATFORMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH CONTENT. WE RESERVE THE RIGHT TO TERMINATE ALL OR PART OF OUR PLATFORMS AND ITS FUNCTIONALITY WITHOUT PRIOR NOTICE TO YOU.


LIMITATION OF LIABILITY

IN NO EVENT WILL WE (INCLUDING OUR EMPLOYEES, AGENTS, OFFICERS, MANAGERS, INVESTORS, DIRECTORS, AFFILIATES, PARENTS, SUBSIDIARIES, OR PROVIDERS) BE LIABLE FOR ANY DAMAGES, INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, LOSSES, OR EXPENSES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, OR BUSINESS INTERRUPTION) OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE OUR PLATFORMS OR ANY THIRD-PARTY WEBSITES THAT ARE OUR PLATFORMS LINKED TO OR ARE OTHERWISE CONNECTED TO. NOR SHALL WE BE LIABLE FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF WE OR A REPRESENTATIVE THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORMS IS TO STOP USING THEM. IF YOUR USE OF THE PLATFORMS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE LESSER OF THE FEE YOU PAID FOR THE USE AND ACCESS OF THE PLATFORM OR FIFTY DOLLARS ($50).

 

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party arising out of (i) materials and content you submit to, post to, or transmit through our Platforms, or (ii) your use of our Platforms in violation of the Terms or any applicable law. You further agree to cooperate fully in the defense of any such claims. We reserve the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settlement any claim or matter on our behalf without our written consent.

 

PRIVACY POLICY

Our privacy policy is hereby incorporated into these Terms by reference as though fully set forth herein.


TERMINATION

The Terms are effective until terminated by us. We may terminate at any time without notice or suspend or terminate your access and use of our Platforms at any time, with or without cause, in our absolute discretion and without notice. The following provisions shall survive termination of your use or access to our Platforms: the sections concerning Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, Severability, General Provisions, and other provision that by its terms survives termination of your use or access to our Platform.

 

WAIVER

Failure by us to enforce any of its rights under the Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

APPLICABLE LAW AND ARBITRATION

The Terms and all other aspects of your use of our Platforms shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, the laws of the State of California, without regards to its conflict of laws rules.

You agree that by accepting these Terms, you and the Company are each waiving their respective right to a trial by jury and the ability to participate in a class action lawsuit. ANY AND ALL DISPUTES RELATING TO THESE TERMS, THE PRIVACY POLICY, THE COMPANY’S SERVICES, OR TO THE COMPANY IN GENERAL WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN LOS ANGELES, CALIFORNIA.

If you intend to seek arbitration, you must first send a written Notice of Dispute to us via certified mail at:

 

The Chosen Club US, Inc.
10877 Wilshire Blvd., Suite 1550
Los Angeles, CA 90024

 

The notice must describe the nature of the claim and the specific relief sought. The notice should also be e-mailed to hello@thechosenclub.com. If we cannot reach a resolution within 30 days after our receipt of the Notice of Dispute, then you or we can commence arbitration with the American Arbitration Association. The arbitration shall be conducted under the Consumer Arbitration Rules of the American Arbitration Association. We will pay any filing fees in excess of what you would have had to pay for filing a lawsuit in state or federal court (whichever is greater) in the judicial district where you reside. The arbitrator’s judgment shall be final, non-appealable, and binding, and the judgment shall be enforceable in state or federal court. Each Party shall be responsible for their own fees and costs for their attorneys and expert witnesses. The arbitrator may only award money or equitable relief to the extent necessary to provide relief warranted for the Party’s claim.


ADDITIONAL TERMS

The Terms shall be subject to any other agreements you have entered into with us.

Certain sections or pages of our Platforms may contain separate terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.

 

SEVERABILITY

If any portion or provision of these Terms is found to be invalid or unenforceable, the remaining portions and provisions shall remain in full force and effect.

 

GENERAL PROVISIONS

These Terms supersede any prior terms to which we may have been bound. The Terms shall be binding on, inure to the benefit of, and be enforceable against the Parties and any respective successors and assigns. You may not assign any rights or obligations under these Terms to a third party without express written consent from us.


CHANGES TO THE TERMS

We reserve the right to modify these Terms at any time and without prior notice. If we decide to change our Terms, we will conspicuously post a link to the updated Terms in places on our website that we deem appropriate. By continuing to our Platforms, you hereby consent to any such changes.


CONTACT US

The Chosen Club US, Inc.
10877 Wilshire Blvd., Suite 1550
Los Angeles, CA 90024
hello@thechosenclub.com