By using ChoicePond.com or uploading content to the Website (as defined herein), you irrevocably agree to comply with these terms of use (the “Agreement”), as updated from time to time in ChoicePond.com’s sole discretion. For these purposes, “you” and “your” include you, all persons using or accessing ChoicePond.com (the “Website”), and all of your assignees, heirs and personal representatives, although this does not permit you to assign this Agreement. By using any of the services or features of the Website, including, but not limited to, the upload or viewing of any content, you agree, represent and warrant to ChoicePond.com and its officers, employees and agents each of the following terms and conditions:

This Agreement is of general application and may be accompanied by other policies, procedures, or guidelines from ChoicePond.com, which will govern your access to and use of this Website. In the event of a conflict between the Agreement and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the Agreement shall control.

IN CONSIDERATION FOR THE LIMITED RIGHT TO ACCESS AND USE THIS WEBSITE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ALL TIMES. IF YOU DO NOT AGREE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED OR AUTHORIZED TO USE THIS WEBSITE IN ANY MANNER. IF YOU ARE DISPLEASED WITH ANY ASPECT OF THIS WEBSITE, YOUR EXCLUSIVE REMEDY IS TO IMMEDIATELY STOP USING THIS WEBSITE AND ANY OTHER MATERIALS IN CONNECTION WITH THIS WEBSITE.

THE GENERAL TERMS AND USAGE RESTRICTIONS

ChoicePond.com hereby grants to you, and by your continued access to this Website you hereby accept, a limited, non-exclusive, non-assignable, non-transferable right and license to make use of and access this Website only for your legitimate personal purposes. The foregoing limited license shall at all times be subject to your strict compliance with the terms and conditions of this Agreement. Except as expressly set forth in this Agreement, ChoicePond.com does not grant you any other rights. ChoicePond.com reserves all other rights not granted to you for whatever purpose ChoicePond.com deems appropriate in its sole discretion.

You acknowledge and agree that your noncompliance with any of the terms and conditions of this Agreement, may result in irreparable harm to ChoicePond.com. In such event, ChoicePond.com shall take all actions it deems reasonably necessary, including without limitation, revoking or suspending any granted permissions or licenses to access or use this Website without notice to you. The contents and/or materials contained in or made available through this Website, are protected by intellectual property rights recognized in the United States of America and other jurisdictions, are owned or controlled by ChoicePond.com (or its affiliates, partners, licensors or other third parties) and may not be used in any manner that deviates from the terms and conditions of this Agreement. You acknowledge and agree that ChoicePond.com shall not responsible for guaranteeing your access to and use of this Website or any part thereof at any time.

You will ensure that your use of this Website and any related content or materials complies with all applicable laws, statutes, regulations or rules. You agree not to (i) copy or duplicate this Website; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of the Website is compiled or interpreted, and acknowledge that nothing in the terms and conditions of this Agreement grants or shall be construed to grant you any right to obtain or use such source code; (iii) modify the Website, including any related content or materials, or create any derivative product from any of the foregoing, except with the prior written consent of ChoicePond.com; or (iv) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber any rights granted to you under this Agreement. You shall also ensure that you will not use this Website except in compliance with ChoicePond.com’s obligations to any third party with respect thereto.

ACCESS PROTOCOLS:

In accessing or using this Website, you may be required to create a formal account. If you agree to create an account with the Website, ChoicePond.com will provide you the applicable access protocols necessary to do so after you submit all of the information requested by ChoicePond.com. Because your activities in connection with this Website are for your own personal purpose(s), you agree to keep any access protocols ChoicePond.com provides to you confidential at all times and be responsible for any and all activities that occur under your account. ChoicePond.com, in its sole discretion, may decline to grant you any access protocols to use the Website.

PRIVACY:

ChoicePond.com’s Privacy Policy can be found at www.choicepond.com/privacy (“Privacy Policy”) and incorporated by reference into this Agreement, which ChoicePond.com may change, alter or modify its sole discretion. You acknowledge that you have read and understand the Privacy Policy. Additionally, you also acknowledge and agree that you have a continuing obligation to regularly review the Privacy Policy.

ChoicePond.com may disclose information posted, uploaded or residing on the Website to its affiliates and other independent business contractors for other purposes ChoicePond.com considers to be aligned with its strategic priorities. You agree that ChoicePond.com is permitted to transfer any information collected from your use of the Website in connection with any sale of assets or business reorganization and that ChoicePond.com may do so without any notice to you.

DIGITAL MILLENNIUM COPYRIGHT ACT:

ChoicePond.com is an online “service provider” as that term is defined in 17 U.S.C. § 512(k) of the Digital Millennium Copyright Act of 1998 (the “DMCA”). For these purposes, you agree that ChoicePond.com is:

  • An entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received; or

  • A provider of online services or network access, or the operator of facilities therefor, (including an entity described above).

Notice of Alleged Infringement:

ChoicePond.com has designated an agent to receive notice of any claimed copyright infringement. The designated agent (“Agent”) for this purpose is as follows:

ChoicePond.com
Kheap LLC
7880 Backlick Rd
Springfield, VA 22150
hello@choicepond.com

If you own a copyright to any content contained within any content uploaded to ChoicePond.com, you may submit a notification to ChoicePond.com pursuant to the DMCA by providing our Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ChoicePond.com to locate the material;

  • Information reasonably sufficient to permit ChoicePond.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

You acknowledge that if you fail to comply with all of the requirements, your notice may not be sufficient to provide ChoicePond.com with actual knowledge of circumstances from which infringing activity may be apparent.

Counter-Notice:

If you believe that the material or content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification to the Agent that includes the following:

  • Your signature, either physically or electronically;

  • Your identification of any removed items or materials or presently inaccessible and the last known location where the material was available before being disabled;

  • A legally admissible statement, provided under the penalty of perjury, that in good-faith, you reasonably believe that content or material was made inaccessible by accident or mistake; and

  • Your contact information, including your name, address, e-mail address, telephone number, and your written consent to the jurisdiction of the federal court located in the State of Delaware and a statement acknowledging your acceptance of service of process from the party alleging the infringement.

If a counter-notification is received by the Agent, ChoicePond.com may send a copy of the counter-notification to the original complaining party informing that person that it may replace the removed content or material, or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider of the content or material, the removed content or material may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at the sole discretion of ChoicePond.com.

CONTROL AND MODERATION:

ACCEPTABLE USER ACTIVITY ON THE WEBSITE:

To the maximum extent permitted by applicable law, you acknowledge and agree that all right, title, and interest in any content or information you submit, irrespective of the manner of such submission, to the Website or to ChoicePond.com (collectively, “User Submissions”) will be and remain the exclusive property of ChoicePond.com at no additional fee, charge, cost, or expense to ChoicePond.com. ChoicePond.com hereby retains the unrestricted right to use and to grant third parties the right to use the User Submissions in any manner and for any purpose in its sole discretion.

In the event that you provide any User Submissions, you make the following additional representations and warranties to ChoicePond.com: (1) you either own all information contained in the User Submission transmitted to the Website or you possess all approvals licenses and permissions necessary to do so; (3) the User Submission does not infringe or misappropriate any intellectual property or other rights of any third parties, and such User Submission does not contain another’s personally identifiable information without their consent or approval; (4) ChoicePond.com, by using your User Submissions, will not be damaged in any way or harm other third parties; and (5) all information transmitted in the User Submissions are complete, true and accurate.

You are solely liable for any User Submissions you transmit to ChoicePond.com or post on the Website. In no event shall ChoicePond.com be responsible in any manner or capacity from any User Submissions. Additionally, you agree that ChoicePond.com accepts no liability whatsoever from declining, denying or not accepting any of your User Submissions or from removing, deleting, altering or modifying any User Submissions for any reason at any time. Please note that other users of this Website may be able to access and use your User Submissions in accordance with the terms and conditions of this Agreement.

USER SUBMISSIONS AND ANY UNDERLYING CONTENT TO THE USER SUBMISSIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CHOICEPOND.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER SUBMISSIONS OR ITS ACCURACY, COMPLETENESS OR RELIABILITY. ChoicePond.com is under no duty or obligation to check the Website for any offensive or controversial User Submissions. If ChoicePond.com chooses to monitor the Website, in its sole discretion, ChoicePond.com is still not responsible for any User Submissions, and shall remain under no duty or obligation to alter or delete any User Submissions.

This Website is not a data storage, archive, warehouse service or mechanism to store and/or maintain any User Submissions. ChoicePond.com is not liable to you or any third parties for any damage, loss or destruction of any User Submissions.

YOUR REPRESENTATIONS:

You hereby represent and warrant to ChoicePond.com that: (a) you (i) are over the age of eighteen (18) or (ii) received the appropriate legal parental or guardian approval or consent to be bound by the terms and conditions of this Agreement; (b) The information you provide to ChoicePond.com or the Website is truthful, accurate and complete in all material respects; (c) if applicable, you agree that your registration details with ChoicePond.com will remain complete and accurate, including, without limitation, your legal name, email address and any other information ChoicePond.com may reasonably require or need; (d) your performance of your applicable obligations under this Agreement will not be considered a violation of any other obligation you are bound by or required to comply with; (e) you will immediately inform ChoicePond.com if you know or have reason to know that the confidentiality of your registration detail have been compromised; (f) you will not use the Website to conduct business intelligence activities; and (g) if you act on behalf of anyone other than yourself, you ensure that you have all rights, approvals and/or permissions necessary to do so in connection with any activity with this Website.

HYPERLINKS:

The Website may provide, or third parties may provide, links to other websites or resources on the internet. Because ChoicePond.com has no control over such websites or resources, you acknowledge and agree that ChoicePond.com is not responsible for the availability of such external websites or resources, and ChoicePond.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that ChoicePond.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website or resource. ChoicePond.com strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources, if they are available.

COMMUNICATIONS AND DISPUTES:

ChoicePond.com is not responsible for resolving or moderating any disputes you may have with any other persons, firms or organizations concerning your content, or any other contents. You are responsible for resolving any such disputes. By using this Website in any way, you agree that any disputes you may have with ChoicePond.com shall be resolved only in state or federal courts in the State of Delaware, and that such disputes will be governed by Delaware law.

RELEASE / INDEMNIFICATION:

You hereby unconditionally agree to release ChoicePond.com, including its respective officers, directors, managers, employees and agents, from any and all liability in connection with or arising from your use of the Website or use of User Content provided by you.

EXCLUSION OF WARRANTIES / DISCLAIMER:

ChoicePond.com makes not representations or warranties with regard to the usability, effectiveness, operation or performance of its Website or any functionality associated with the Website. No guaranties are made by ChoicePond.com that the Website will operate as expected, foreseen or intended.

THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS RELATED CONTENT AND MATERIALS ARE AT YOUR SOLE RISK AND EXPENSE AT ALL TIMES.

CHOICEPOND.COM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, OR THAT THE QUALITY OF THE FOREGOING WILL MEET YOUR EXPECTATIONS. CHOICEPOND.COM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, AND ANY OTHER WARRANTY THAT THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, WILL BE PROVIDED OR MAINTAINED IN ANY MANNER TO BE WITHOUT ANY ERRORS OR THAT SUCH ERRORS WILL BE REMEDIED BY CHOICEPOND.COM.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL CHOICEPOND.COM BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DATA DESTRUCTION OR ANY OTHER PECUNIARY LOSS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF CHOICEPOND.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN SITUATIONS. THE CUMULATIVE LIABILITY OF CHOICEPOND.COM TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO CHOICEPOND.COM BY YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY.

ASSIGNMENT:

This Agreement may not be assigned by you to any other party without ChoicePond.com’s prior written consent, but is nevertheless binding on your assignees, heirs and personal representatives.

GOVERNING LAW AND OTHER MISCELLANEOUS TERMS:

This Agreement shall be governed by the laws of the State of Virginia, irrespective of conflicts of law or choice of law considerations. ANY CLAIM OR ACTION IN CONNECTION WITH THIS WEBSITE OR THIS AGREEMENT MUST BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF DELAWARE.

YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURT IN CONNECTION WITH ANY SUCH CLAIM, ACT OR PROCEEDING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS YOU MAY AGAINST THE IMPROPER VENUE FOR ANY SUCH CAUSE OF ACTION BROUGHT FILED IN SUCH COURT AS AN INCONVENIENT OR IMPROPER FORUM.

If any action at law or in equity is necessary to enforce the terms of this Agreement, ChoicePond.com will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.

If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.

This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Website, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

ChoicePond.com makes no representation that the Website or any other materials or information on or in connection with the Website are appropriate to or available in locations outside of the United States. You may not use the Website or export contents in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.

GENERAL:

You agree that all online and other services provided by ChoicePond.com are provided solely in the State of Virginia. If any provision of this Agreement deemed invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this this Agreement shall be deemed a further waiver of such term or any other term, and the failure of ChoicePond.com to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

ChoicePond.com reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of ChoicePond.com following any amendment of this Agreement shall constitute your assent to and acceptance of any such changes.

No other use or depiction of ChoicePond.com™, or its contents may be made without the express written permission of Kheap LLC.

QUESTIONS AND ADDITIONAL INFORMATION:

If you have any questions, or would like further clarification, please e-mail us at hello@choicepond.com. Any changes in ChoicePond.com’s policies will be communicated on this page.

This Website is operated by ChoicePond.com. All inquiries may be directed to:

ChoicePond.com
Kheap LLC
7880 Backlick Rd
Springfield, VA 22150
hello@choicepond.com

This Privacy Policy governs the manner in which Kheap LLC collects, uses, maintains and discloses information collected from users (each, a "User") of the www.choicepond.com website ("Site"). This privacy policy applies to the Site and all products and services offered by Kheap LLC .

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Kheap LLC may collect and use Users personal information for the following purposes:

  • To improve customer service

    • Information you provide helps us respond to your customer service requests and support needs more efficiently.

  • To process payments

    • We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

  • To send periodic emails

    • We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Compliance with children's online privacy protection act

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

Changes to this privacy policy

Kheap LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page and send you an email. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Kheap LLC
www.choicepond.com
7880 Backlick Rd
Springfield, VA 22150
571-332-2501
hello@choicepond.com