Terms & Policy

Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of websites, applications, and services (the “Services”) that are provided by Wholesome International LLC d/b/a Choolaah (“Company” or “us” or “we”) and linked to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

These Terms govern use of the Services

Use of Services. These Terms, which incorporate our Privacy Policy, constitute a legally-binding agreement between Company and you. By using the Services you agree to be bound by and comply with these Terms. You may only use the Services in compliance with these Terms. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are at least 13 years old.
Services Ownership. The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to Company.
License. Company grants you a revocable right to use the Services solely in accordance with these Terms. The Services are being licensed, not sold, to you by Company only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
Pricing; Availability. Prices and availability of products are subject to change without notice. Pricing is not guaranteed until you complete the process of purchasing any particular product. The inclusion of any products on the Services does not imply or warrant that these products will be available.
Privacy Policy. Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using the Services you consent to the collection and use of this information as provided by our Privacy Policy.
Account Information. You agree to provide true, accurate and complete registration information, and you will promptly provide an update if any of this information changes. You are solely responsible for safeguarding and maintaining the confidentiality of your login ID and password. You may not resell, assign, distribute, transfer or otherwise provide your subscription, your login ID and/or password to any third party. You are responsible for any activity conducted under your account. You must immediately notify Company of any unauthorized use of your account.
Prohibited Conduct. You will not use the Services for any type of inappropriate use. Company has the right to determine whether any particular use constitutes inappropriate use of the Services. The following are examples (although not a complete list) of inappropriate uses that are prohibited:
1. Transmitting or otherwise providing any harmful or objectionable content using the Services, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
2. Uploading spyware or any other malicious software to the Services.
3. Using the Services in a manner harmful to Company or any third party.
4. Using the Services in any way that violates any applicable laws, rules, or regulations.
5. Taking any action that imposes an unreasonable or disproportionately large load on the Services infrastructure or that otherwise adversely affects performance of the Services.
6. Using the Services for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping scripts, intelligent search or any similar means of access to the Services or any other materials or information available from the Services.
7. Engaging in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.
Copyright
1. If you believe that your copyright in any material has been infringed by material available on the Service, please provide us with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
  1. a description of the copyrighted work you claim has been infringed,
  2. a description of the material that you claim is infringing, identified with sufficient detail for us to identify it,
  3. your address, telephone number and email address,
  4. a statement by you that you have a good faith belief that the disputed use is not authorized,
  5. a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest, and
  6. 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 the copyrighted work that is claimed to be infringed.
2. You understand and agree that Company assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Services by you or by any other users or third parties.
3. We will promptly address any alleged infringement. Please direct all such notifications to the contact information below and identify the communication as being related to “Copyright Infringement”:

DMCA Agent

Wholesome International LLC

180 Fort Couch Road, Suite 150

Pittsburgh, PA 15241

User Content.
1. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Services (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
2. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You will not submit any User Content that is illegal, offensive, or inappropriate.
3. By submitting User Content to us, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries, affiliates and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.
Third-Party Websites. Links to third-party websites are provided for your convenience and reference only. We have no control of these sites, and we are not responsible for their content. We do not endorse, and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content. When you travel from the Services to another website, whether through links provided on the Service or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information.
No Representations and Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE BY YOU AT YOUR OWN RISK WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL WARRANTIES (1) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES; (3) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES.
Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COMPANY OR THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR THE COMPANY PARTIES BE LIABLE TO YOU (A) FOR ANY AMOUNT IN EXCESS OF TWENTY-FIVE DOLLARS ($25); OR (B) ANY INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES OF ANY KIND. THE ALLOCATION OF RISK SET FORTH IN THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. YOU AGREE THAT YOU MAY ONLY COMMENCE A CAUSE OF ACTION RELATED TO THE SERVICES WITHIN ONE (1) YEAR OF SUCH ACTION ACCRUING, AND ANY ATTEMPT TO BRING SUCH AN ACTION AFTER SUCH ONE (1) YEAR PERIOD IS BARRED. Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. The limitations in these Terms shall apply to the fullest extent permitted by law.
Indemnification. You agree to indemnify and hold harmless Company and the Company Parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you in these Terms or based on your use of the Services.
Modification. Company may modify these Terms. You should review the Terms regularly. Company will post notice of modifications to these Terms on the Services. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.
Arbitration
1. You and Company each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at [180 Fort Couch Road, Suite 150, Pittsburgh, PA 15241]. We will contact you based on the contact information you have provided us.
2. If you and Company cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
3. Any claim or dispute between you and Company, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
4. Either You or Company may bring applicable claims in small claims court. Also, you and Company each agree that any arbitration will be solely between you and us, not as part of a classwide claim. If any court or arbitrator determines that this classwide restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.
5. Nothing in this Section 16 will limit Company’s ability to seek equitable relief in any court of competent jurisdiction.
Class Action Waiver. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE A DISPUTE ON A CLASSWIDE BASIS, INCLUDING BY JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR PROCEEDING.
Jury Trial Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Governing Law; Venue. These Terms and the use of the Services will be governed by Ohio law without regard for its conflict of laws principles. For any claims not subject to the arbitration provisions of these Terms, all claims arising out of relating to these Terms or the Services, except as set forth in this Terms, must be litigated in the state or federal courts located in Cleveland, Ohio and you and Company consent to the personal jurisdiction of such courts.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Force Majeure. Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances, such as acts of nature, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.
Complete Agreement. These Terms constitute the entire and exclusive agreement between you and Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. The headers for these Terms are for convenience only and will not affect the interpretation of these Terms. If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
Assignment. Company may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Company. You may not assign your rights under these Terms and any such purported assignment is void.
Waiver of Terms. The failure of Company to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms.

Privacy Policy

LAST UPDATED: 7/1/19

Thank you for visiting Choolaah online. This Privacy Policy describes how Wholesome International LLC d/b/a Choolaah and its subsidiaries and affiliated companies (collectively, “Choolaah”, “we” or “our”) collect, use and disclose personal information of visitors to our websites, users of our online services and others to whom we expressly provide that this Privacy Policy will apply.

THE INFORMATION CHOOLAAH COLLECTS

Choolaah only obtains personally identifiable information such as your name, email address and payment card or other information when you provide it voluntarily. We may collect information you share, post or provide on the Website or the Mobile App. Additionally we may collect information about your order, including the items purchased, the payment method and your billing information. For example, personal information may be collected from you to:

respond to your comments regarding a Choolaah restaurant, our websites, or other aspects of Choolaah
register you for our mailing lists or as a user of online or mobile products or services we offer, or to register you for promotions or offers conducted through our websites or mobile campaigns;
transmit payment information for online or mobile orders;
respond to job inquiries and job applications submitted by you; and
respond to other information submitted by you to any of our websites or through any of our mobile campaigns.

This information will be used for the purposes for which you provide it. We may also use this information to communicate with you from time to time for other purposes, such as to create personalized promotions by combining your personal information with non-personal information about you, such as the amounts and types of purchases you make or any benefits you receive through our programs.

We may also use information you provide us for additional purposes as described under “Sharing of Personal Information.”

In addition to personally identifiable information about you, Choolaah may collect aggregated data or anonymized data that does not directly identify you. For example, we may automatically collect website use information, such as information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the Web pages you request, and the date and time of those requests.

COOKIES

Cookies are pieces of information that a website transfers to the hard drive on your computer for record-keeping purposes. These cookies will allow the website to remember important information that will make your use of the website more convenient. For example, we track the total number of visitors to our websites on an anonymous aggregate basis. We also use cookies so that we remember you when you return to our websites.

You can use the options in your web browser to notify you when you receive a cookie or otherwise change your cookie preferences. Click on the “Help” section of your browser to learn how to make those changes. But remember, if you disable cookies, you may not be able to take advantage of all the exciting features of our websites.

In addition to adjusting the appropriate settings in your browser, many advertising companies that may collect anonymous information for advertising targeting purposes are also members of the Digital Advertising Alliance or the Network Advertising Initiative, both of which provide an opt-out from advertisement targeting by their members. You can find more information on these opt-out capabilities on www.aboutads.info and www.networkadvertising.org.

Our website uses third party cookies from Google Analytics for Demographics and Interest Reporting. This feature gives us insight into behavior information relating to visitor age, gender and interests on an anonymous and aggregate level. This will help us to understand browsing behavior to give you a better experience while visiting our site.

You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings Feature on Google. By clicking Ads Settings, you will be taken out of choolaah.com to a page on Google where you can control the information Google uses to show you ads. In addition, you can use Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics.

USE OF INFORMATION

Choolaah may use information about you for various purposes including to process and fulfill your Choolaah Mobile App orders, to communicate with you and send you information about our products, services, contests, and promotions, to administer and fulfill our contests and promotions, to prevent fraud and monitor against theft, conduct research and help us learn more about your preferences and enhance your experience, and perform other business activities as needed or described elsewhere in this Policy.

Choolaah only shares information about our customers with affiliated companies, carefully selected vendors, business partners and other organizations to provide better service to you. These companies need information about you to perform their service function (such as to process and fulfill your order, verify your credit card information, and to protect you from fraud). We also share your information with specially chosen companies that help us with marketing functions (such as manage our Internet business, maintain and manage our customer information, as well as market our products and services). We may engage vendors to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may collect certain information from you (e.g. click stream information, browser type, time and date, hardware/software information, cookie ID, IP address, etc.) when you visit our Website or Mobile App and use that information to provide advertisements about goods and services that are deemed to be of greater interest to you.

This Policy incorporates by reference the terms set forth in the “Privacy Policy” and “Terms and Conditions” provided by Zuppler Online. Food Order, LLC with respect to the hosting of the Choolaah’s Online Ordering (https://www.zupplerworks.com/terms-conditions), the “Privacy Policy” provided by SCVNGR, Inc. d/b/a LevelUp (“LevelUp”). with respect to Choolaah’s Mobile App https://www.thelevelup.com/privacy), the “Privacy Policy” provided byTalent Plus, Inc. with respect to Choolaah’s hiring portal (https://www.talentplus.com/privacy-policy/ ), the “Privacy Policy” provided by GoZone WiFi LLC with respect to Choolaah’s Guest Wifi (https://www.gozonewifi.com/policies/privacy/), the “Privacy Policy” provided by ZAP Solutions with respect to Choolaah’s website architect (https://www.zapsolutions.com/privacy-policy), the “Privacy Statement” provided by MailChimp, with respect to Choolaah’s customer communications management (https://mailchimp.com/legal/privacy/),

Choolaah does reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to fulfill your requests, or to cooperate in any law enforcement or similar investigation.

CHOOLAAH’S PRIVACY POLICY REGARDING CHILDREN

The Services are not intended for people under the age of 13. Further, we do not knowingly collect Personally Identifying Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personally Identifying Information to us, please contact us at the email address set forth in this Privacy Policy and Company will delete such Personally Identifying Information.

HOW WE PROTECT YOUR INFORMATION

Choolaah protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. Some of our safeguards include firewalls, data encryption, physical access controls, and administrative informational controls. When you transmit highly sensitive information (such as a credit card number) through the Website or in the Mobile App, we encrypt the transmission of that information using the Secure Sockets Layer (SSL) protocol. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.

LINKS TO OTHER WEBSITES

In some areas of the Website or the Mobile App, we may provide a link to another website. Other websites, including social media sites, have their own policies regarding privacy and security, and these may vary from ours.

CHANGES TO CHOOLAAH’S PRIVACY POLICY

Please note this Privacy Policy is subject to change from time to time. We will notify you of material changes to this Privacy Policy by either sending you an email or by including prominent notice of such change on a Company website or other applicable Service. The effective date of each version of the Privacy Policy will be included in this Privacy Policy. Prior versions of this Privacy Policy will be kept in an archive for you to view for a reasonable period of time.

LIMITATION TO ONLINE

This policy applies only to individuals who visit our websites or interact with us through any of our e-mail or mobile campaigns. It does not apply to information which we may collect by means other than through our websites and it does not apply to businesses which may use our websites.

DATA TRANSFER TO THIRD PARTIES

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

ACCESS AND OPTING OUT

You are in control of any personal information you give us. If at any time, you want to correct the personal information we have about you, or if you want to change your preferences for contacts from us or on behalf of our business partners, log in, send us an e-mail or a letter.

Contact Customer Service here:

info@choolaah.com

Wholesome International
180 Fort Couch Rd
Suite 150
Pittsburgh, PA 15241

INDEMNIFICATION

You agree to indemnify and hold harmless Company and the Company Parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you in these Terms or based on your use of the Services.

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