Terms of Service

These Terms of Use (“Terms”) govern your use of the websites, mobile applications, and services operated by Anaress LLC(“Anaress LLC,” “we,” “us” or “our”) where these Terms are posted (collectively, the “Sites”). These Terms represent a binding contract between Anaress LLC and you. By creating an account or otherwise accessing the Sites, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. If you do not agree to be bound by the Terms, you must not use the Sites.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will govern.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you may need to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.

You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used. To the maximum extent allowed by applicable law, Anaress LLC is not responsible for any loss or activity that results from the unauthorized use of your account.

COPYRIGHT AND TRADEMARK OWNERSHIP

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Anaress LLC”), are the exclusive property of Anaress LLC, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

We are providing you with access to and use of the Sites pursuant to a limited, personal, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use the Sites for personal, non-commercial use, and subject to these Terms. Any and all goodwill generated from your use of the Anaress LLC Content shall inure to the benefit of Anaress LLC. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. Anaress LLC reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Under this license, you may download information from the Sites and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Anaress LLC, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Anaress LLC or any applicable third party licensors or suppliers. Any unauthorized use of the Anaress LLC may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT

Some features on our Sites, either now or in the future, may allow you to post or submit communications, photos, videos, and other content on or through the Sites (“Your Content”). You (and/or other relevant parties) retain ownership of Your Content, but you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Anaress LLC a royalty-free, perpetual, irrevocable, worldwide, unlimited, transferable, sub-licensable, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sub-license these rights through multiple tiers of sublicenses.

You warrant that you have the legal capacity and authority to grant the foregoing license and that Your Content does not infringe any third-party rights (which includes, but is not limited to, intellectual property rights, rights of privacy or moral rights) and does not contain any defamatory or disparaging statements. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

User Generated Content

All communications, photos, videos, and other content submitted or posted on or through the Sites, including Your Content and content posted or submitted by other users (collectively, “User Generated Content”), shall be deemed non-confidential and Anaress LLC shall not have any obligation to keep any such material confidential. Anaress LLC shall be free to use any ideas, concepts, know-how or techniques contained in such information without notice, compensation or acknowledgment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.

You acknowledge and agree that Anaress LLC is not responsible or liable to you or to any third party for the content or accuracy of any User Generated Content. We do not continuously monitor User Generated Content posted on the Sites and we are under no obligation to do so. You understand that any remarks, opinions, comments, suggestions and other information included in User Generated Content do not necessarily represent those of Anaress LLC. Your use of or reliance on any User Generated Content is done entirely at your own risk.

USER CONDUCT

By using the Sites, you agree to not use the Sites in any manner that:

• Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
• Interferes with or disrupts the Sites, services connected to the Sites, or otherwise interferes with operations or services of the Sites in any way;
• Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Anaress LLC to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Anaress LLC in our sole discretion;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
• Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Sites, or the Privacy Statement; or
• Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

Anaress LLC shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Sites for any reason, including to determine compliance with these Terms.

LINKS TO EXTERNAL SITES

The Sites may contain links to other websites and resources provided by third parties. We are not responsible for the availability and contents of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites. Your access or use of these external websites is done entirely at your own risk.

NO FRAMING

Without the prior written permission of Anaress LLC, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Anaress LLC or any of its licensors into another website or other service. We reserve the right to withdraw our permission without notice.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Statement, which is incorporated into these Terms by reference.

PRODUCT DESCRIPTION, PRODUCT AVAILABILITY AND PRICING INFORMATION

Anaress LLC strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. Certain products displayed on the Sites may have limited quantities and may not always be available. The prices displayed on the Sites are quoted in U.S. Dollars, and are subject to change without notice.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order) and at our sole discretion, and your sole remedy in the event of such error is to cancel your order. 

Similarly, we strive to display the colors of our products that appear on the Sites as accurately as possible, but we cannot guarantee that your computer monitor’s display of any of these colors will always be accurate. Minor differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or other technical reasons. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SITE TRANSACTIONS

Anaress LLC only sells products to adults. If you are under 18, you may use the Sites only with the approval and involvement of a parent or guardian. Anaress LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, as applicable, so that we can complete your transactions and contact you as needed.

Anaress LLC reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the order was made.

Purchase of our merchandise for resale purposes is not authorized. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors, and to cease doing business with such customers, with no further notice. Any offer for any product or service made on this Sites is void where prohibited.

DISCLAIMER OF WARRANTIES

To the fullest extent permitted under law and save for the rights granted to consumers under applicable laws, the sites and all information, content, materials, services, and user generated content included on or otherwise made available to you through the sites are provided “as is.” Anaress LLC makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the sites or the content or communications on the sites, or any website or other content or service that may be accessible directly or indirectly through the sites, to the extent permitted by law. Anaress LLC disclaims implied warranties that the sites and all software, content and services, information distributed through the sites are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. No oral or written information or advice given by Anaress LLC or a representative shall create a warranty.

We do not guarantee that the sites will meet your requirements, or that they are error-free, reliable, without interruption or available at all times. We do not guarantee that the services that may be obtained from the use of the sites, including any support services, will be effective, reliable, and accurate or meet your requirements. We do not guarantee that you will be able to access or use the sites (either directly or through third-party networks) at all times or locations of your choosing.

Further, Anaress LLC does not endorse and makes no warranty regarding the accuracy or reliability of any opinion, information, advice or statement on the sites. Under no circumstances will Anaress LLC be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content on the sites.

Some jurisdictions do not permit the exclusion of certain warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

To the fullest extent permitted under law, Anaress LLC will have no obligation or liability (whether arising in contract, warranty, tort, including negligence, product liability, or otherwise) for any damages or liabilities, including direct, incidental, indirect, special, or consequential (including any loss of data, revenue or profit or damages arising from personal injury/wrongful death) arising with respect to your use of the sites, even if we have been advised of the possibility of such damages. This limitation applies to damages arising from (i) use of or inability to use the sites, (ii) cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your transmissions by third parties, (iv) third party content made available to you through the sites, or (v) any other matter relating to the sites.

In addition, when using the sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Anaress LLC, its partners, advertisers, and sponsors or any other third party mentioned on the sites. Accordingly, Anaress LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the sites.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold Anaress LLC harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or relating in any way to Your Content, your use of User Generated Content, your access or use of the Sites and/or any conduct in connection with the Sites, your misuse of the Sites or any breach by you of these Terms.  We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

By using the Sites, you and Anaress LLC agree that, if there is any controversy, claim, action, or dispute arising out of or relating in any way to the Terms, which includes any question regarding your use of the Sites or the existence, validity, interpretation, breach, or enforcement of these Terms or any part of them, except for disputes that qualify for small claims court or those related to Anaress LLC intellectual property (“Dispute”), both parties shall first attempt in good faith to settle such Dispute promptly by negotiation in accordance with the following procedure:

• Any party may provide written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Both you and Anaress LLC agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim in any other dispute resolution proceedings against the other party.

If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to and finally determined by binding arbitration by jams (www.jamsadr.com) in accordance with its rules then in effect, which rules are deemed to be incorporated by reference in this provision. The arbitration tribunal shall consist of one (1) arbitrator to be mutually agreed upon by both parties and the language of the arbitration shall be english. Any arbitral award made will be final and binding upon the parties and judgment on such award may be entered in any court or tribunal having jurisdiction thereof.

Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to and finally determined by binding arbitration by JAMS (www.jamsadr.com) in accordance with its rules then in effect, which rules are deemed to be incorporated by reference in this provision. The arbitration tribunal shall consist of one (1) arbitrator to be mutually agreed upon by both parties and the language of the arbitration shall be English. Any arbitral award made will be final and binding upon the parties and judgment on such award may be entered in any court or tribunal having jurisdiction thereof.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by JAMS or by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Sites, please contact our agent designated to respond to reports alleging copyright infringement. In the subject line of your message, please put “Re: Claim of Copyright Infringement.”

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of account holders who are repeat infringers.

MODIFICATION AND TERMINATION

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. If a material modification is made to the Terms, we will post a prominent notice on the Sites and/or send you a notification. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms, as modified.

We shall have the right to immediately terminate any rights or benefits granted under these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. More generally, we may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at: service@choiceise.com.