Terms of Use

1.	ChosenList.com Terms Of Use last updated 1/2/2008 Acceptance of TOU
	ChosenList.com provides a collection of online classified ads, video classified ads, video resumes, job boards, employee tools, forums and various email services, subject to the following Terms of Use("TOU").
	By using ChosenList.com in any way, you are agreeing to comply with the TOU.
	When using particular ChosenList.com services, you agree to abide by any applicable posting guidelines for all ChosenList.com services, which may change from time to time.
	Should you object to any term or condition of the TOU, your only recourse is to immediately discontinue the use of ChosenList.com.

2.	Changes to this Agreement
	ChosenList.com reserves the right, to change and/or modify these terms and conditions at any time. Such modifications shall become effective immediately. It is the users responsibility to review this agreement on a regular basis to keep apprised of any changes.

3.	Content
	ChosenList.com will strive to keep all content posted on ChosenList.com free from objectionable adult and/or sexually explicit material. It is our goal to have a website free from any content that many users find objectionable.
	You understand as a user of ChosenList.com that all content, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, or transmitted through ChosenList.com, or linked from ChosenList.com are the sole responsibility of the person from whom such Content originated. You are responsible for each individual item ("Item") of Content, Video, Image or written word that you post, email or otherwise make available on ChosenList.com. You understand that ChosenList.com does not control, and is not responsible for Content made available through ChosenList.com and that by using ChosenList.com you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Any posting on ChosenList.com may contain links to other websites, which are completely independent of ChosenList.com. ChosenList.com makes no representation or warranty as completeness, accuracy or authenticity of the information contained in any such site. If you choose to link to any other web sites it is entirely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ChosenList.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, exchanged between parties, emailed or otherwise made available via ChosenList.com. You acknowledge that ChosenList.com does not prescreen or approve Content, but that content comes from the users of ChosenList.com.
	ChosenList.com shall have the right in its sole discretion to refuse a post, to delete a post or remove any Content that is available on ChosenList.com, at any time, for violating the letter or spirit of the TOU or for any other reason.

4.	Third Party Content Sites, and Services
	Your interactions with individuals and/or organizations found on or through ChosenList.com, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
	You agree that ChosenList.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on ChosenList.com, or between users and any third party, you understand and agree that ChosenList.com is under no obligation to become involved, to mediate or to settle any dispute.
	All users of ChosenList.com hereby release ChosenList.com Inc, its officers, employees, agents and any and all successors in rights, from any/all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and or our service.

Notification of Claims of Infringement

If you believe that any of your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ChosenList.coms' agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at

Please provide our Agent with ALL of the following information:

a.	Identify the material on ChosenList.com's site that you claim is infringing, with enough detail so that we may locate it on the website;
b.	A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c.	A signed statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d.	Your address, telephone number, and/or email address; and ChosenList.com will remove the infringing posting(s) forthwith, subject to the procedures outlined in the DMCA (Digital Millennium Copyright Act).

Conduct

As a user you agree not to post, email, or otherwise make available ANY content listed below:

a.	that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b.	that is pornographic in any way or depicts a human being engaged in any sexual conduct or lascivious exhibition of the genitals or pubic area of any person,;
c.	that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of age, race, religion, gender, sexual orientation, ethnicity, or disability;
d.	that violates the Federal Fair Housing Act by stating, in any post or ad for the sale or rental of any dwelling, a discriminatory preference based on race, age, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e.	that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on age, race, color, religion, sex, national origin, or disability.
f.	with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g.	that impersonates any person or entity, including, but not limited to, a ChosenList.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h.	that includes posting personal or photographic pictures, video or identifying information about another person without that person's explicit consent;
i.	that is false, deceptive, misleading, deceitful, purposefully miss- informative, or constitutes any "bait and switch" tactics;
j.	that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party, or Content that you do not have a right to post or make available under any law or under contractual or fiduciary relationships;
k.	that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
l.	that contains any form of advertising or solicitation if: posted in areas of the ChosenList.com sites which are not designated for such purposes; or emailed to ChosenList.com users who have not indicated in writing that it is ok to contact them about other features, services, products or commercial interests.
m.	that includes links to commercial services or web sites, except as allowed in "services";
n.	that advertises any illegal service, or prostitution services of any kind, or the sale of any items the sale of which is prohibited or restricted by any applicable law,
o.	that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p.	any types of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
q.	that employs misleading email addresses, or forged documents or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
	Additionally, the user agrees not to:
r.	contact anyone who has asked not to be contacted;
s.	"stalk" or otherwise harass anyone;
t.	collect personal data about other users for commercial or unlawful purposes;
u.	use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service;
v.	to post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w.	post the same item or service in more than three classified categories or forum, or in more than three metropolitan area;
x.	attempt to gain unauthorized access to ChosenList.com’s computer systems or engage in any activity that diminishes the quality of, or interferes with the performance of, or impairs the functionality of ChosenList.com;
y.	use any form of automated device or computer program that enables the submission of postings on ChosenList.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

No Spam Policy

Users understand and agree that sending unsolicited email advertisements to ChosenList.com email addresses or through ChosenList.com computer systems, which is expressly prohibited by these TOU. Any unauthorized use of ChosenList.com computer systems is a violation of the TOU and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitations on Service

Users acknowledge that ChosenList.com may establish limits concerning use of ChosenList.com, including the maximum number of days that Content will be retained by ChosenList.com, the maximum number and size of postings, emails or other Content that may be transmitted or stored by ChosenList.com and the frequency with which you may access ChosenList.com. Users agree that any technology related force majeure voids any and all content which may be removed, deleted or canceled. You agree that ChosenList.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by ChosenList.com.

9.	Access to ChosenList.com
	Users acknowledge that ChosenList.com may establish limits concerning use of ChosenList.com, including the maximum number of days that "Content" will be retained by ChosenList.com, the maximum number and size of postings, emails or other Content that may be transmitted or stored by ChosenList.com and the frequency with which you may access ChosenList.com. You agree that ChosenList.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by ChosenList.com.
	ChosenList.com grants you a limited, revocable, nonexclusive license to access ChosenList.com for your own personal use. This license does not allow users to (a) access to ChosenList.com by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of ChosenList.com nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose. A limited exception to (b) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to ChosenList.com provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose Internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or which is in the business of providing classified ad listing services.
	ChosenList.com permits you to display on your website, or create a hyperlink on your website to, individual postings on ChosenList.com so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds 50 postings, your use will be presumed to be in violation of the TOU, absent express permission granted by ChosenList.com to do so. You may also create a hyperlink to the home page of ChosenList.com sites so long as the link does not portray ChosenList.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
	ChosenList.com offers various parts of ChosenList.com in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. ChosenList.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on ChosenList.com and redirects the user to the original post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'ChosenList.com' as the source, (d) your use or display does not suggest that ChosenList.com promotes or endorses any third party causes, expressed thoughts, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden ChosenList.com's systems. ChosenList.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
	Use of ChosenList.com beyond the scope of authorized access granted to you by ChosenList.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of ChosenList.com or any Content made available via ChosenList.com for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ChosenList.com.

10.

Termination of Service

You agree that ChosenList.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of ChosenList.com (or any part thereof), immediately and without notice, and remove and discard any "Content "posted on ChosenList.com, for any reason, including, without limitation, if ChosenList.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ChosenList.com shall not be liable to you the user or any third-party for any termination of your access to ChosenList.com. Further, you agree not to attempt to use ChosenList.com after said termination.

11.	Proprietary Rights
	ChosenList.com is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through ChosenList.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification or redistribution of ChosenList.com or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ChosenList.com. You further agree not to reproduce, duplicate or copy Content from ChosenList.com without the express written consent of ChosenList.com, and agree to abide by any and all copyright notices displayed on ChosenList.com. You may not reverse engineer or otherwise attempt to discover any source code contained on ChosenList.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of ChosenList.com. ChosenList.com is a registered mark in the U.S. Patent and Trademark Office.
	ChosenList.com does not claim ownership of "Content" that its users post. By posting Content to any public area of ChosenList.com you automatically grant, and you represent and warrant that you have the right to grant, to ChosenList.com an perpetual, irrevocable, non-exclusive, fully paid, worldwide license to copy, use, perform, distribute and play said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of ChosenList.com you automatically grant ChosenList.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

12.	Proprietary Rights
	YOU AGREE THAT USE OF ChosenList.com SITE IS ENTIRELY AT YOUR OWN RISK. ChosenList.com SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
	ChosenList.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ChosenList.com SITE TO THE FULLEST EXTENT PERMITTED BY LAW. ChosenList.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ChosenList.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ChosenList.com SITE.
	TO THE FULLEST EXTENT PERMITTED BY LAW, ChosenList.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ChosenList.com SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13.	LIMITATIONS OF LIABILITY
	UNDER NO CIRCUMSTANCES SHALL ChosenList.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , RESULTING FROM ANY ASPECT OF YOUR USE OF THE ChosenList.com SITE. WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ChosenList.com SITE OR THE SERVICE, FROM INABILITY TO USE THE ChosenList.com SITE, OR THE INTERRUPTION, MODIFICATION, SUSPENSION, ALTERATION, OR TERMINATION OF THE ChosenList.com SITE.
	SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, INFORMATION OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ChosenList.com SITE OR ANY LINKS ON THE ChosenList.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17.

INDEMNITY

You agree to indemnify and hold ChosenList.com and caryslist.com Inc., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18.

GENERAL INFORMATION

The TOU constitute the entire agreement between you and ChosenList.com and govern your use of the Service, superseding any prior agreements between you and ChosenList.com. The TOU and the relationship between you and ChosenList.com shall be governed by the laws of the State of Arizona. You and ChosenList.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, in the state of Arizona. The failure of ChosenList.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to:

abuse@ChosenList.com

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for ChosenList.com to pursue legal action to enforce the TOU, you will be liable to pay ChosenList.com the following amounts as liquidated

damages, which you accept as reasonable estimates of ChosenList.coms' damages for the specified breaches of the TOU:

a.	If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay ChosenList.com Two Thousand Dollars ($2,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b.	If ChosenList.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay ChosenList.com one hundred dollars ($100) for each message posted in excess of such limits.
c.	If you send unsolicited email advertisements to ChosenList.com email addresses or through ChosenList.com computer systems, you agree to pay ChosenList.com one hundred dollars ($100) for each such email.
d.	If you post Content in violation of the TOU, other than as described above, you agree to pay ChosenList.com five hundred dollars ($500) for each Item of Content posted. In its sole discretion, ChosenList.com may elect to issue a warning before assessing damages.
e.	If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay ChosenList.com one hundred dollars ($100) for each and every Item of Conent posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the"Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay ChosenList.com an additional one hundred dollars ($100) for each Item of Conent posted by the Posting Agent on behalf of the principal in violation of the TOU.
f.	If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without ChosenList.com's express written permission, you agree to pay ChosenList.com Ten Thousand Dollars ($10,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, ChosenList.com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.

20.	FEEDBACK
	Thank you and please enjoy ChosenList.com. We welcome your questions and comments