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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

  8. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

Choolaah Privacy Policy

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES

Wholesome International LLC d/b/a Choolaah (“Company” or “we”), recognizes the importance of your privacy. This Privacy Policy outlines the types of Personally Identifying Information we gather when you use any website, mobile application, or service made available by Company with this Privacy Policy (each a “Service”), and how we use that information, as well as some of the steps we take to safeguard it. It is important to review this Privacy Policy in its entirety.

As part of the operation of the Services, certain pieces of information are gathered about the users (individually, “you” or a “User” and collectively, “Users”). This Privacy Policy contains explanations regarding the types of information collected, what is done with such information, and how to correct or change the information.

When using Company’s mobile application (the “Application”), which is operated by SCVNGR, Inc. d/b/a LevelUp (“LevelUp”), your privacy rights are governed by LevelUp’s privacy policy at https://www.thelevelup.com/privacy for all information collected by LevelUp and are governed by this Privacy Policy for all information collected by Company.

The Information We Collect

Information you Provide to Company. We collect Personally Identifying Information that you provide to Company. “Personally Identifying Information” is information that individually identifies you, and may include your name, physical address, phone number, email address, and any other information that would allow someone to identify or contact you. Of course, you may choose not to provide Company with Personally Identifying Information. However, this choice may prevent Company from providing you with the information or Services you requested or that could be offered to you.

  • We receive Personally Identifying Information when you create an account to use the Services (an “Account”).

  • We retain certain information on your behalf, such as past orders through your Account. When you place an order through the Services, we collect information necessary to process your order.

  • If you provide us feedback or contact us via email, we will collect your name and email address and any content included in the email, in order to send you a reply.

Information We Collect Automatically When You Use the Services. When you access or use the Services, we may automatically collect information about you, including:

  • Usage, System, and Log Data. Your IP address, browser, MAC address, type of mobile device, internet service provider, and activity on the Service, including, but not limited to, date and times of use, clicks, swipes, page and profile views, and the amount of time you spend on each page.
  • Data Collected Through Cookies and Similar Technologies. Like many online services, we use various technologies to collect usage data and store preferences. One such technology is called a cookie. A cookie is a small data file that is transferred to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with the Services and to monitor aggregate usage by our users and web traffic routing on the Services. Also, we may create a unique device or user ID for you and store it in a cookie so we can recognize you and customize your experience based on your preferences. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies or to prompt you before accepting such a cookie. Please note that if you choose to remove or reject browser cookies, this could affect the availability or functionality of the Services. We may also use web beacons as part of the Services.

  • Google Analytics. We use Google Analytics to help analyze how users use the Company’s websites. Google Analytics uses cookies to collect information such as how often users visit websites, what pages they visit, and what other sites they used prior to using Company’s websites. To learn more about Google Analytics and how to opt out, please visit: https://support.google.com/analytics/answer/6004245.

  • Mobile Services. We may collect certain information about your mobile device if you have downloaded the Application as set forth in this Privacy Policy. If the Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and improve the performance of the Application.

Information Collected by Third Parties on Behalf of Company. We may receive Personally Identifying Information and non-personal information from you from companies that help provide the Services, such as LevelUp, the provider of the Application. We may add this information to any other information we have already collected from you via the Services.

Using the Information

Use in General. We may use your information for a variety of purposes, including to:

  • Administer your Account;
  • Fulfill your orders through the Services;
  • Provide, operate, maintain and improve the Service;
  • Respond to your comments, questions, and requests and to provide customer service and support;
  • Conduct research;
  • Prevent potentially illegal activities;
  • Fulfill your requests through the Services;
  • Provide information that is relevant to you;
  • Send you promotional materials and information about Company;
  • Monitor and analyze trends, usage, and activities in connection with the Services and for marketing or advertising purposes; and
  • For other purposes about which we notify you.

Use of Aggregate or De-Identified Information. In addition to the individual data use described in this Privacy Policy, we may aggregate information about you and other individual users together, or otherwise de-identify the information about you, so that the information does not identify you personally. We may use information in these forms for a variety of purposes, including for research and analysis, administration of the Services, and advertising.

Sharing and Disclosure of Information

We will not share Personally Identifying Information about you with any third parties except as described in this Privacy Policy:

  • Service Providers. We may share your Personally Identifying Information with third-party vendors, consultants, and other service provides who are working on behalf of Company and require access to your Personally Identifying Information to carry out that work, such as parties that process credit card transactions.
  • Compliance with Laws. We may disclose your Personally Identifying Information to a third party (1) if we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, (2) to enforce our agreements, policies, or Terms of Use, and (3) to respond to an emergency which we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person.
  • Business Transfers or Corporate Restructuring. We may share or transfer your Personally Identifying Information in connection with, or during negotiations of, any merger, sale of company assets, financing, receivership, dissolution, or acquisition of all or a portion of our business to another company. If another company acquires Company’s business or assets, that company will possess the Personally Identifying Information collected by us and will assume the rights and obligations regarding such information as described in this Privacy Policy.
  • Social Media Sites. Some of the Services may enable you to post content to social media sites (“Social Media Sites”), including Facebook or Twitter. If you choose to share content, we will provide the chosen information to such Social Media Site in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the Social Media Sites. We are not responsible or liable for (i) the availability or accuracy of such Social Media Sites; (ii) the content, products or services on or availability of such Social Media Sites; or (iii) your use of any such Social Media Sites.
  • Affiliates. We may share your Personally Identifying Information with affiliates of Company for use as otherwise described in this Privacy Policy.

Safeguards

Company protects your Personally Identifying Information by using safeguards that are appropriate to the sensitivity of the information. Unfortunately, neither the network nor data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect a User’s information, Company cannot ensure or warrant the security of Personally Identifying Information or other information submitted through a Service. Thus, any information a User transmits to us is done so at the User’s own risk.

Online Tracking

The Services do not respond to Do Not Track signals.

Accountability and Compliance

You may address any question regarding how Company complies with this Privacy Policy to the email address set forth in this Privacy Policy.

Third-Party Websites

On occasion, the Services are connected by “hyperlinks” to other third party’s websites. Please note that Company is not responsible in any way for the privacy practices of other websites and suggests that you review the privacy policies of those other companies’ websites before using them.

Accessing Your Personally Identifying Information Once Given

If you believe your Personally Identifying Information is inaccurate, you may contact Company to amend or delete your Personally Identifying Information. You have the right to request information about the existence, use, and disclosure of your Personally Identifying Information and to challenge the accuracy and completeness of your Personally Identifying Information, and to have your Personally Identifying Information amended where inaccurate or deleted from the Company database. To do so, simply email Company at the email address set forth in this Privacy Policy.

Minors

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.

Social Media Features and Widgets

The Services include social media features and widgets. These features may collect your IP address, which page you are visiting through the Services, other applicable information, and may set a cookie to enable the feature to function properly. Social media functions are either hosted by a third party or hosted directly through the Services. Your interactions with these features are governed by the privacy policy of the company providing them.

Changes to This 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.

Contact Information

If you want to contact Company about anything related to this Privacy Policy, please send an email to info@choolaah.com.

Effective Date: 12/28/16