Effective Date: October 9, 2019
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE SERVICES. THROUGH YOUR USE OF THE SERVICES, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SERVICES.
CHOQ RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT CHOQ MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE SERVICES AFTER A CHANGE IN ITS EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU HAVE A DUTY TO READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED WITHIN. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, ITS ARBITRATION PROVISION, OR ITS CLASS ACTION WAIVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
- Introduction. This website, www.choq.com (the “Website”) permits users like you to purchase products in accordance with the terms of these Terms and Conditions (the “Agreement”).
- Legal Agreement. Please read this Agreement carefully. This Agreement is a legally binding agreement between you (“you” and “your”) and Choq, LLC, a Texas limited liability company (“Choq” or “we” or “our” or “us”; collectively, you and Choq may be referred to as the “Parties” and each a “Party”). This Agreement applies to all offers, acceptances, deliveries and invoices for the purchase and sale of Choq’s product (“Products”) by and between you and Choq. Choq does not sell Products intended for use by children. You must be at least eighteen (18) years old to order Products.
- Account and Password. If you use the Website, 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.
- Effective Date. The effective date of this Agreement (the “Effective Date”) is the date you first use the Website. By using the Website, you agree to be bound by this Agreement. If you choose to accept this Agreement, you must do so as written, without modification. If you do not agree to abide by the terms of this Agreement, please discontinue your use of the Website immediately. You agree that by using the Website and your purchase of Products constitutes your acceptance of this Agreement and your agreement to be bound by the terms of this Agreement. You warrant and represent that you are at least eighteen (18) years old and that you have the legal authority to enter into this Agreement as an individual or on behalf of your employer. Choq’s sale and delivery of Products is made in reliance upon your acceptance of and compliance with this Agreement.
- Updates to this Agreement. CHOQ RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Choq may, but is not obligated to, offer upgrades, updates and improvements to the Website and to add or discontinue any Products at any time.
- Prohibited Uses. You may only use the Website and purchase Products for legal purposes (the “Purpose”). You shall not use the Website or Products: (i) to harass, intimidate, embarrass or threaten any person; (ii) for any illegal, libelous, obscene, pornographic or illegal purpose; or (iii) in a manner that violates any law, rule or regulation. You shall not copy, modify, create derivative works of or reverse engineer, in whole or in part: (i) the Website; (ii) Products; or (iii) trademarks, service marks, trade dress, patents, patents pending, copyrights and other intellectual property, including, without limitation, photographic images, collectively, items described in parts (i), (ii) and (iii) of this Section 7, “Intellectual Property”). Except as expressly stated in this Agreement, Choq does not grant you any license or ownership rights to the Intellectual Property and all rights not expressly granted by Choq to you by this Agreement are expressly reserved by Choq.
- Linking to the Website. Creating or maintaining any link from another website to any page on the Website without Choq’s written consent is prohibited. Running or displaying the Website or any material displayed on the Website in any frames or through similar means on another website without Choq’s written consent is prohibited.
- Availability & Pricing. The availability of Products and the pricing for such Products may change at any time, provided, however, the purchase price of Products defined by an accepted, but unfulfilled purchase order shall not change. Choq reserves the right to limit the sale of its Products to any purchaser, to limit quantities of any Products Choq offers and to discontinue any Product at any time. Choq may, as refuse any order and may, in its sole discretion, limit or cancel quantities purchased per person, per household and per order. In the event of any change to or cancelation Choq may notify you by email or telephone number you provided at the time the order was placed.
- Promotions. Promotional codes or coupons may not be combined, unless expressly stated by Choq. In the event you use more than one promotional code when submitting an order, whether intentionally or not, Choq, at its sole discretion, reserves the right to: (i) limit the number of the promotional codes or coupons applied to the order; or (ii) cancel or modify the order. All promotions and discounts shall be subject to this Agreement as well as the promotion’s own terms and conditions. In case of conflict between this Agreement and the promotion’s own terms and conditions, this Agreement shall apply.
- Payment. Choq accepts payment for the purchase of Products only in United States Dollars. You acknowledge and accept that your credit card may assess additional currency-exchange fees and that if your billing currency is different than United States Dollars that your purchase price for Products may fluctuate in your billing currency. You additionally agree to pay all additional tariffs, duties, taxes and customs charges if you are ordering Products for delivery outside the United States. In the event Choq pays these additional delivery expenses, Choq may require your additional approval of such tariffs, duties, taxes and customs charges in the event your final cost for the Products exceeds fifteen percent (15%) of your original authorization. Choq accepts Visa, Mastercard, Discover and American Express. We do not accept PayPal. By purchasing Products with a credit card you agree that you are authorized to use such credit card and if there is a billing dispute to handle your billing dispute directly with Choq.
- Subscriptions. You agree to pay all fees charged to your account based on charges and billing terms in effect as shown on the payment page on the Website. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase and you authorize Choq and Choq’s third-party payment processing service provider to charge your credit card for any such taxes and fees. All payments shall be made in advance prior to shipping any Products. Beginning May 14, 2021, and until you terminate your subscription, Choq will automatically renew your monthly subscription on the day of the month that your first subscription order was processed (“Subscription Anniversary Date”), provided, that, Choq may automatically renew your subscription up to five (5) calendar days before or after your Subscription Anniversary Date with the shipment of Products to you each month “Flex Date”). Choq will charge your credit card with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments on the Subscription Anniversary Date or the applicable Flex Date. Notwithstanding Choq’s charging your credit card and shipment of Products on an applicable Flex Date, you will have seven (7) days prior to the Subscription Anniversary Date to cancel your subscription in accordance with Section 13. In the event your credit card or payment method is declined due to a change in expiration date or credit card number, you authorize Choq and Choq’s payment processor to reprocess your payment using an expiration date and account updater program. You acknowledge that this reprocessing may occur on any date within the month. You agree that the expiration or cancellation of your credit card or payment system of the automatic deduction from your payment method does not terminate or cancel your subscription to automatic Product purchases.
- Subscription Modification or Cancellation. You may modify or cancel your subscription at any time prior to shipment by logging on to your account on the Website and modifying or canceling your subscription by clicking “skip” or “unsubscribe”. You may also modify or cancel your subscription by email to email@example.com provided Choq receives your requests must be received by at least seven (7) calendar days before your Subscription Anniversary Date and any request within seven (7) calendar days of your Subscription Anniversary Date shall take effect the following month. If you have any problems, please email firstname.lastname@example.org. The subscription information can also be found at https://www.choq.com/subscribe.
- Change and Cancellation Policy. If you order the wrong Products, you may change your order up until the time the order is shipped. You can contact us about a change or cancellation at the email or telephone number listed on our Contact Us page of this Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
- Delivery and Risk of Loss. Delivery times are estimated and are not guaranteed. Choq will use commercially reasonable efforts to promptly ship all orders. Title and risk of loss for all Products purchased pass to you upon Choq’s tender of Product to the shipping carrier. Choq will have no obligation to seek any claim or recovery from the shipping carrier for any damage or loss occurring to the Products after Products depart from Choq’s facility. You are responsible for the payment of all tariffs, duties, taxes and customs charges imposed by your local authorities.
- Inspection. You will, within ten (10) calendar days of your receipt of the Products at your location, inspect the Products and you may reject and return Products to Choq and any Products not rejected by written notice or the return of Products within ten (10) calendar days of your receipt of the Products will be deemed accepted by you.
- Returns. Choq will accept shipments of Products received in non-conforming condition upon your request for a return materials authorization. Choq may refuse or otherwise reject your return of Products that are shipped without an RMA or Products that are conforming. Upon Choq’s confirmation of the defect identified by you, Choq will either replace the Products or refund the purchase price and shall offset any delivery or shipping charges incurred by you arising from or relating to your return of non-conforming Products.
- Choq’s Limited Warranty and Disclaimer. ALL STATUTORY WARRANTIES AND WARRANTIES PROVIDED BY LAW CONCERNING THE PRODUCTS ARE HEREBY DISCLAIMED AND EXCLUDED.
- Limitations of Liability. Neither Choq nor its suppliers and contractors shall be liable to you or to any other third party for any consequential, exemplary, incidental, punitive or special damages (including without limitation, damages for loss of business or personal profits, business interruption or any other pecuniary loss) arising from or in connection with the Website, Products or Choq’s performance under this Agreement, regardless of the form of action, whether in contract or in tort, even if such party has been advised of the possibility of such damages. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH SECTION 18.
- Basis of the Bargain. You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in Sections 18 and 19 form an essential basis of the Agreement between the Parties, that the Parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.
- Indemnification. You agree to indemnify, defend and hold harmless Choq and its members, managers, officers, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from all claims and demands, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
- Governing Law. This Agreement will be governed by and interpreted with the substantive law of the State of Texas, excluding its conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Products. The parties agree that personal jurisdiction is proper in the state and federal courts located in the Travis County, Texas and the Parties waive any objection to venue in such courts.
- Choice of Law; Jurisdiction. This Agreement supersedes all other agreements between you and Choq to the extent necessary to resolve any inconsistency or ambiguity between them. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, USA, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Travis County, Texas, USA, in all disputes (i) arising out of, relating to, or concerning the Website and this Agreement; (ii) in which the Website or this Agreement is an issue or a material fact; or (iii) in which the Website or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including, without limitation, this Section 23 and the warranty disclaimers and liability of this Agreement. Choq has endeavored to comply with all legal requirements known to it in creating and maintaining the Website but makes no representation that materials on the Website are appropriate or available for use in any particular jurisdiction. Use of the Website is unauthorized in any jurisdiction where all or any portion of the Website may violate any legal requirements and you agree not to access the Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and if any part of this Agreement is invalid or unenforceable under applicable 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 and the remainder of this Agreement shall govern such use.
- Arbitration. By visiting the Website and purchasing Products, you agree that, except as otherwise specified herein, the laws of the United States, including the Federal Arbitration Act, will govern any dispute that arises between us or between you and Choq. ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement, except for matters that may be taken to small claims courts. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement between you and Choq shall be resolved by mandatory and binding arbitration submitted to JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Consumer Arbitration Rules. Either party may file an arbitration demand with the JAMS pursuant to the conditions stated herein, including but not limited to:
- Timeliness of Arbitration Claims. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year of the date of discovery of the facts first giving rise to the claim.
- Place of Arbitration Hearings. Either party may elect to conduct the arbitration by telephone or written submission, but such arbitration shall be based in Travis County, Texas. If an in-person arbitration hearing is necessary or mutually agreeable, such in-person shall be conducted at a JAMS facility in your area or at a JAMS facility in Travis County, Texas.
- The selection of the Arbitrator shall be made pursuant to JAMS’ then-current Consumer Arbitration Rules.
- Conduct of Arbitration. Unless JAMS’ then-current Consumer Arbitration Rules require otherwise, the arbitration shall be conducted by a single neutral arbitrator. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this Section 24 or any other provision of this Agreement except as necessary to comply with JAMS rules.
- Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the Parties and judgment thereon may be entered in a court of competent jurisdiction.
- Costs and Fees. If you elect to commence an arbitration, you will be subject to a filing fee pursuant to JAMS’ then-current procedures. To the extent permitted by JAMS procedures, each Party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. We will remain responsible for our share of costs, expenses and fees in addition to any costs, expenses and fees required of us under JAMS procedures.
- Litigation. The Federal Arbitration Act and federal arbitration law shall apply to this Agreement. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
- Infringement Exception. Notwithstanding the arbitration clause herein, you also agree that Choq may bring suit in a federal or state court located in Travis County, Texas in cases of alleged infringement or other misuse of intellectual property rights or if your acts or conduct have subjected Choq to the imminent or reasonable risk of litigation from a third party.
- Class-Action Waiver. Any arbitration, claim or other proceedings by or between you and Choq shall be conducted on an individual basis and not through any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each Party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- User Comments. If you submit reviews or comments to Choq or post on the Website (“Comments”), you agree that Choq may, at any time, without restriction, edit, copy, publish, distribute, translate, adopt, commercialize and otherwise use your Comments. Choq shall be under no obligation to: (i) maintain Comments in confidence; (ii) pay any compensation to you for Comments; or (iii) respond to any Comments. Choq may monitor, edit or remove Comments that Choq determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. You represent and warrant to Choq that you provide such Comments in your own name and that you are the owner of the Comments and that you have the right to provide Comments to Choq. Choq assumes no liability to any third party for any Comments posted by you. Choq does not endorse or approve of any Comments, including, without limitation, a product review, that recommends or discusses the use of any Product in a manner that is inconsistent than the use described by the Product label or any use of the Product in violation of any applicable warnings, laws or regulations.
- Submissions. Separate and apart from Comments, you can submit feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Choq or Products (“Submissions”). Submissions, whether submitted through the Website or otherwise, are non-confidential and shall become the sole property of Choq. Choq shall own exclusive rights, including all intellectual property rights, in and to such Submissions and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Content Accuracy. Choq makes a reasonable effort to ensure that the information provided on the Website is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, Choq does not guarantee the accuracy or completeness of the information provided on the Website. Choq disclaims all responsibility for the accuracy or completeness of Content. Choq reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
- Notice to California Customers. Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Procedure for Making Claims of Copyright Infringement. It is Choq’s policy to terminate the privileges of any user who repeatedly infringes copyright upon prompt notification to Choq by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Website of the material that you claim is infringing; (iv) your address, telephone number and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Copyright Agent, email@example.com or by mail 1620 Cobb International Boulevard Suite 5, Kennesaw, GA 30152.
- California Supply Chain Act Disclosures. Choq is committed to maintaining a supply chain free of forced labor, unsafe working conditions and human trafficking and we require our suppliers to be similarly committed. Choq will not knowingly purchase merchandise whose manufacture involved the use of any labor where workers are not provided wages or safe working environments as required by law. Choq requires its suppliers to comply with all applicable federal, state, local and international laws relating to the manufacture and production of products sold to Choq including compliance with all applicable laws relating to labor compensation, working conditions, slavery or human trafficking. If Choq becomes aware that any supplier is out of compliance with any applicable local, national or international labor or human trafficking laws, Choq will take appropriate responsive action, which could include suspending shipments of a supplier’s merchandise and/or terminating the business relationship.
- Fraud Prevention. To protect our customers, Choq uses numerous fraud prevention practices. Any attempt to use unlawful payment methods will be submitted to authorities for investigation and criminal prosecution to the fullest extent of the law.
- Marketing. Choq does not market or advertise that any Product are used as medical treatments or that any Product cures or treats any medical condition or disease (collectively, “Medical Claims”). Choq does not authorize and does not condone any reseller of Products to make any claim or statement that the Products cure or treat any medical condition or disease. You hereby waive any and all claims against Choq for any Medical Claims made by any third parties.
- Contact Choq. You may contact us in one of the following ways:
- Send an email to: firstname.lastname@example.org
- Call [502-467-3000] Monday through Friday 9am to 5pm (ET)
- Send your request by mail to:
Attn: Customer Service
1620 Cobb International Boulevard
Kennesaw, GA 30152