Last update: November 7, 2020.
Thanks for using our products and services (“Services”). The Services are provided by GotChosen, Inc. (“GotChosen”), located at 12472 Lake Underhill Road, #397, Orlando, FL, 32828, United States.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
This web page represents a legal document and is the Terms of Service (Agreement) for our Website www.gotchosen.com and GotChosen's platform. By using our Website and Platform, you agree to fully comply with and be bound by the following Agreement each time you use our Website or GotChosen Platform. Please review the following terms carefully.
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not GotChosen’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
The terms “us” or “we” or “our” refers to GotChosen, the owner of the Services. A “Visitor” is someone that merely browses our Services. A “Member” is someone who has registered with GotChosen to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, design, and data offered through our Services, whether produced by our Members or by us, are collectively known as “Content”. We distinguish content posted by our Members as “Member Content”.
This Agreement is between you and GotChosen only.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SERVICES IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and GotChosen, and supersedes all other Agreements, representations, warranties and understandings with respect to our Services, and the subject matter contained herein.
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our website, and you should review this Agreement prior to using our Services. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Services. If you have already accessed our Services and do not accept this Agreement, you should immediately discontinue use of our Services.
GotChosen grants you a non-exclusive, non-transferable, revocable license to access and use our Services strictly in accordance with this Agreement. Your use of our Services are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services, and any software provided therein.
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and GotChosen.
Our Services may contain our service marks or trademarks as well as those of our affiliates, publishers or other companies, in the form of words, graphics, and logos. Your use of our Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of GotChosen. Content, as found within our Services, is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Services does not grant you any ownership rights to our Content.
GotChosen will respond to claims of copyright infringement as found in Content in our Services, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by Content in our Services, please provide us with a written notice via mail, fax, or email that contains the following information:
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
To use some of our Services, you must register to become a Member. Your Membership is not transferable or assignable and is void where prohibited. This is intended solely for Users who are at least age 13 years of age or older.
During the registration process, you will specify a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Services cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
The opinions expressed on our Services are not necessarily the opinions of GotChosen. Any content provided by our Members is of the Member’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.
The Content may be changed or deleted without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.
We undertake no obligation to update any Content on our Services. Members are responsible for their own content, where applicable, and may update their Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
We do not represent or otherwise warrant that our Services will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Services.
You hereby acknowledge that nothing contained on our Services shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and GotChosen or our Users. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained on our Services.
Our Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY GOTCHOSEN AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
GotChosen is not responsible or liable in any manner for any Content posted on our Services or in connection with our Services, whether posted or caused by Members of our Services, or by GotChosen. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Services. GotChosen is not responsible for the conduct, whether online or offline, of any user of our Services.
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. GotChosen assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
GotChosen is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with our Services, including without limitation any software provide through our Services.
Under no circumstances will GotChosen be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Services, or any interactions between Users of our Services, whether online or offline.
GotChosen reserves the right to change any and all Content, software and other items used or contained on our Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Services, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GOTCHOSEN, INCLUDING ALL OUR AFFILIATES AND PUBLISHERS, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SERVICES. GOTCHOSEN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. GOTCHOSEN DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES AND PUBLISHERS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOTCHOSEN. OUR SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
GotChosen, as well as all our Affiliates and Publishers, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Services, (d) your use of our Services or Content, (e) the content contained on our Services, or (f) any delay or failure in performance of our Services beyond our control.
IN NO EVENT WILL GOTCHOSEN OR ITS DIRECTORS, EMPLOYEES, AFFILIATES, PUBLISHERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR SERVICES, EVEN IF GOTCHOSEN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOTCHOSEN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Members may post their own content to our Services (Member Content). Members and Visitors understand that by using our Services, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. GotChosen is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, GotChosen will submit all necessary information to the proper authorities.
Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members shall respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Our Services may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website from our Services does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. GotChosen has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, publishers (e.g. websites, blogs, mobile apps), subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Services.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Orlando, Florida, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Orlando, Florida USA necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Orlando, Florida, USA and shall be governed by and construed in accordance with the laws of the State of Florida USA without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. We will notify all users of any material changes to this Terms through a notice on our Platform or by other means. We update the “Last Updated” date at the top of this policy, which reflects the effective date of the policy. By accessing or using the Platform, you acknowledge that you have read this policy and that you agree with the updated Terms.
If you do not want to agree to these or any updated Terms, you can delete your account.