Choi Enterprise, LLC, including its successors and assigns, ("Choi Enterprise") operates the Choi Enterprise Internet sites (including, without limitation, www.NoToSweat.com, www.NoToSweating.com, www.DoNotSweat.com, www.ControlYourSweat.com, www.ControlPerspiration.com, www.HyperSweating.com, and www.ChoiEnterprise.com) and certain co-branded versions of its site under contract other third parties (collectively, the "Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by our content providers ("Licensors") as stipulated on applicable pages of the Site, which you accept by your use of the Site. Choi Enterprise, reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and/or Privacy Statement shall be effective within forty-eight (48) hours of being posted on the Site unless otherwise stated by Choi Enterprise, in writing. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following Choi Enterprise’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.
Welcome to Choi Enterprise’s websites! These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Choi Enterprise, or its subsidiaries or affiliates for other products or services.
SPECIAL NOTE REGARDING NETWORKED Choi Enterprise SITE(S). In an effort to make on-line information about Choi Enterprise and business transactions with Choi Enterprise efficient, Choi Enterprise uses ChoiEnterprise.com and the Site as an entry into many networked web pages and websites operated by Choi Enterprise and its subsidiaries and affiliates (together, the "Choi Enterprise Sites"). Please note that individual Choi Enterprise Sites may adopt terms of use particular to the purpose of the Choi Enterprise Site or the transactions taking place on the Choi Enterprise Site. For example, some of the Choi Enterprise Sites affiliated with commercial transactions that you or your business may have with Choi Enterprise, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreements which supplement or supercede these terms. If a Choi Enterprise Site has imposed its own terms of use by posting on the Choi Enterprise Site, separate agreement or otherwise, the provisions of those Choi Enterprise Site terms shall control in the event of a conflict with these general terms of use for ChoiEnterprise Sites. Except as supplemented or superceded as described herein, these general terms of use for ChoiEnterprise Sites apply to the entire network of Choi Enterprise Sites, and control your use thereof.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about the Site or its contents should be directed to the Choi Enterprise Consulting Service Department.
Incorporated Policies or Terms
Site License and Access
Electronic Communications
Copyright
Copyright Complaints
Trademarks and Service Marks
Third-Party Content
Risk of Loss
Product Descriptions
Linking
Your Account
Reviews, Comments, Communications, and Other Content
General Submissions
Export Restrictions
Financial Material Disclosure
Disclaimers
Limitation on Liability
Applicable Law and Venue
Termination
Severability
Privacy Policy. Choi Enterprise believes strongly in protecting individual user privacy and providing you notice of Choi Enterprise's collection and use data, including personally identifying information, collected from the Site. Therefore, Choi Enterprise has adopted a Privacy Policy that you should review in order to fully understand how Choi Enterprise collects and uses information.
Terms of Sale. Transactions with Choi Enterprise Sites offering products or services for purchase may be subject to Terms of Sale required as a condition to completion of the transaction. These Terms of Sale may be posted on the Choi Enterprise Site or set forth in a separate agreement with you. Your transactions will be governed by such Terms of Sale, therefore you should review them carefully.
Choi Enterprise grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Choi Enterprise or any third party.
You may not use, frame or utilize framing techniques to enclose any Choi Enterprise trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Choi Enterprise's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing an Choi Enterprise name, trademark, or product name without Choi Enterprise's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
When you visit the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by Choi Enterprise, Choi Enterprise Management Company and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Choi Enterprise or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Choi Enterprise or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Before you download or otherwise copy any photographs or images from the Image Gallery, you must agree to the Terms and Conditions of Personal, Non-Commercial Image Use
Choi Enterprise respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Choi Enterprise's copyright agent (Choi Enterprise Consulting Service Department) the following written information:
Choi Enterprise, logos and product markings, and the products and services described in this Site (except those belonging to Choi Enterprise suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Choi Enterprise, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Choi Enterprise. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Choi Enterprise, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Choi Enterprise. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Choi Enterprise marks is subject to prior approval, and should be addressed to the Choi Enterprise Consulting Service Department.
This Site may, from time to time, include discussion forums and interactive areas, including bulletin board services ("BBS"). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
Choi Enterprise takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Choi Enterprise is only a forum and is not liable for any statements, representations, or Content provided by its users.
Enforcement. Choi Enterprise has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Choi Enterprise may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Choi Enterprise reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Choi Enterprise's systems and customers, or to ensure the integrity and operation of Choi Enterprise's business and systems, Choi Enterprise may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Choi Enterprise's right to disclose any such information shall govern over any terms of Choi Enterprise's Privacy Policy.
Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Choi Enterprise from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Choi Enterprise attempts to be as accurate as possible. However, Choi Enterprise does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered by Choi Enterprise itself is not as described, your sole remedy is to return it in unused condition.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Choi Enterprise or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Choi Enterprise logo or other proprietary graphic or trademark of Choi Enterprise to link to this Site without the express written permission of Choi Enterprise. This limited right may be revoked at any time.
Third-Party Links. Choi Enterprise makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Choi Enterprise and Choi Enterprise is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Choi Enterprise is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Choi Enterprise of the site or any information contained therein. When leaving the Choi Enterprise Site, you should be aware that Choi Enterprise's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
If you use this site, 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. Choi Enterprise does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Choi Enterprise reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Choi Enterprise reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Choi Enterprise a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Choi Enterprise and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Choi Enterprise for all claims resulting from content you supply. Choi Enterprise has the right but not the obligation to monitor and edit or remove any activity or content. Choi Enterprise takes no responsibility and assumes no liability for any content posted by you or any third party.
Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Choi Enterprise Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with a Choi Enterprise Site or in a written agreement with Choi Enterprise applicable to your particular use of a Choi Enterprise Site, any submission of materials by you will be considered a contribution to Choi Enterprise for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Choi Enterprise, or postings on this Site, are non-confidential (subject to Choi Enterprise's Privacy Policy) and shall become the sole property of Choi Enterprise. Choi Enterprise shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Choi Enterprise, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. Choi Enterprise DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. Choi Enterprise DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Choi Enterprise IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Choi Enterprise ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, Choi Enterprise CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Choi Enterprise reserves the right to change any and all content contained on this Site 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 by Choi Enterprise.
IN NO EVENT SHALL Choi Enterprise BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Choi Enterprise (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Choi Enterprise'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID Choi Enterprise, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah, applicable to agreements made and entirely to be performed within the State of Utah, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Utah County, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Choi Enterprise reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Last updated: April 21, 2008
Copyright © 2008 Choi Enterprise, LLC. All Rights Reserved. | Powered by BoomYEAH
Choi Enterprise, LLC- Quality Service for Any of Your Consulting Needs.