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CHOSEN
Membership Agreement

 

This CHOSEN Membership Agreement (the “Agreement”) applies to your access to and use of the websites, mobile app, and other online products and services (collectively, the “Services”) provided by CHOSEN (“CHOSEN,” “we,” “us,” or “our”).

 

By using our Services, you accept this Agreement. 

 

I.    Access to the Services
No one under the age of 13 is allowed to use or access the Services. By using the Services, you agree and acknowledge that:

  • You are at least 13 years old and over the minimum age required by the laws of your country and state of residence to access and use the Services;

  • You will only have one CHOSEN account, which must be created using your real name and information; 

  • You will provide information requested by CHOSEN in order to verify your identity;

  • You can form a binding contract with CHOSEN; 

  • You are not barred from using the Services under all applicable laws; 

  • You have not been permanently suspended or removed from the Services;

  • You will use the Services respectfully, in the manner in which they were designed to be used, and that your engagement with and related to the Services will be safe for Jews, Israelis, allies, and all human beings.  

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If you are accepting this Agreement on behalf of another legal entity, you represent that you have full legal authority to bind such entity to this Agreement.

 

II.    Privacy Policy and Terms of Use
Through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy and to the terms set forth in the Terms of Use, incorporated herein by reference. 

 

III.    Membership
When you register with and pay your CHOSEN membership dues, you become a CHOSEN member (“Member”). Only Members have access to the Services set forth in this Agreement. Membership dues are non-refundable. CHOSEN reserves the right to modify membership tiers or fees from time to time. CHOSEN also reserves the right to modify its membership policies, rules, and requirements. 

 

As a Member, you agree to abide by all applicable laws and regulations, and all CHOSEN policies. You also agree to participate in the Services in a way that is safe and respectful, and that does not encourage or incite antisemitic or other racist or hateful behavior or actions.  

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We do not grant refunds. You agree to pay us the applicable fees and taxes and to any additional terms that may apply. Failure to pay these fees will result in the termination of your membership. You agree that we may store and continue billing your payment method (e.g., credit card) even after it has expired to avoid interruptions in your membership.

 

IV.    CHOSEN Account and Account Security 
Members are required to create a CHOSEN account (an “Account”) and provide us with a username, password, and certain other information about yourself. You agree to provide accurate and current information about yourself including but not limited to your full name, email address(es), phone number, home and/or business address. The information we request may be used to verify your identity.

 

You are solely responsible for the information associated with your Account and anything that happens relating to your Account. You must maintain the security of your Account and immediately notify CHOSEN if you discover or suspect that someone has accessed your Account without your permission.  

 

You agree to not share your account with anyone else and that you will follow our rules and all applicable laws and regulations. You agree to not license, sell, or transfer your Account or any information in or connected to your Account without our prior written approval. 

 

V.    Online Engagement
Our Services offer various means of communication and engagement by and among Members, which includes but is not limited to an online forum, groups, and a chat feature (“Online Engagement”). Members who participate in Online Engagement agree to abide by our Code of Conduct, incorporated herein by reference. 

 

VI.    Your Content
Our Services may contain information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Accounts or by other Members or Members’ accounts (“Your Account”). We are not responsible for and do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of the Content submitted by you (“Your Content”) or by other Members (“Member Content”).

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By submitting Your Content, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within this Agreement. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights. We encourage you to be mindful of any Content that you submit, and to verify to the best of your ability the completeness, truthfulness, accuracy, and reliability of such Content.
You retain any ownership rights you may have in Your Content, but you grant CHOSEN the following license to use that Content:

 

When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with CHOSEN. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. 

 

Any ideas, suggestions, and feedback about CHOSEN or its Services that that you provide to us are entirely voluntary. You agree that we may use such ideas, suggestions, and feedback without compensation, obligation, or credit to you. 

 

VII.    Content Moderation and Moderators
We do not prescreen or otherwise moderate Member Content. However, we may, in our sole discretion, delete or remove Your Content or Member Content at any time and for any reason, including for violating this Agreement or our Code of Conduct, incorporated herein by reference.

 

Members may volunteer to be a Content Moderator. This is an unofficial role and does not authorize the Content Moderator to act on behalf of CHOSEN. We are not responsible for actions taken by Content Moderators. We reserve the right, but have no obligation, to overturn any action or decision of a moderator if we, in our sole discretion, believe that such action or decision is not in the interest of CHOSEN. We reserve the right to revoke or limit a Member’s ability to moderate at any time and for a reason or no reason. Please review the Content Moderator Code of Conduct, incorporated herein by reference. 

 

VIII.    Your Use of the Services
Subject to your complete and ongoing compliance with this Agreement, CHOSEN grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. We reserve all rights not expressly granted to you by this Agreement.

 

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

  • License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; 

  • Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

  • Access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under any Additional Terms (as defined below). 

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In an effort to bring an optimal experience to our Members, we may add, remove, or adjust features, products, or functionalities. We will try to provide advance notification to you, but it may not always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition, removal, or change to functionality of the Services will be subject to this Agreement, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof. 

 

IX.    Third-Party Content, Advertisements, and Promotions 
Our Services may contain links to third-party websites, products, or services, which may be posted by our partners, our affiliates, advertisers, or other Members (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk, and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. 

 

If you choose to use the Services for promotional purposes, including promoting live or virtual events, fundraisers, job opportunities, etc. (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable federal, state, and local laws and regulations and CHOSEN’s policies. You agree to not use the Services for promotional purposes that may be contrary to CHOSEN’s mission or that may be harmful to or for CHOSEN, its members, or the public.  

 

X.    Restrictions and Prohibitions
When using or accessing the Services, you must comply with this Agreement, any agreements or policies that are incorporated by reference, and all applicable laws, rules, and regulations. In addition to what is prohibited in the Code of Conduct, you may not do any of the following:

 

  • Use the Services in any manner that could interfere, with, disable, disrupt, overburden, or otherwise impair the Services; 

  • Gain access to (or attempt to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services; 

  • Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features;

  • Use the Services to violate applicable law or infringe any person’s or entity’s intellectual property rights or any other proprietary rights;

  • Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted under this Agreement or in a separate agreement with CHOSEN; or

  • Use the Services in any manner that we reasonably believe to be an abuse of or fraud on CHOSEN or any payment or security system.

 

XI.    Disciplinary Action and Enforcement
CHOSEN reserves the right to delete or otherwise remove any Content for a reason or for no reason, and to delete, remove, disable, suspend, terminate, bar, or otherwise take disciplinary action against any Member or Account for a reason or for no reason. CHOSEN will make a good faith effort to investigate allegations that Content violates or Members have violated this Agreement or CHOSEN policies.

 

XII.    Notices and Service Messages
You agree to allow CHOSEN to send you notices and messages to the email address and/or phone number associated with your Account. 

 

XIII.    Intellectual Property
The Services are owned and operated by CHOSEN. The visual interfaces, graphics, design, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services (“Materials”) provided by CHOSEN are protected by intellectual property and other laws. All Materials included in the Services are the property of CHOSEN or its third-party licensors.

 

You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by paying membership dues. Except as expressly authorized by CHOSEN, you may not make use of the Materials. CHOSEN reserves all rights to the Materials not granted expressly in this Agreement.

 

XIV.    Indemnity
Except to the extent prohibited by law, you agree to defend, indemnify, and hold harmless CHOSEN, its affiliates, and their respective directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (“CHOSEN Entities”) from and against any claim or demand made by any third party, and any related liability, damage, loss, and expense (including costs and attorneys’ fees) due to, arising out of, or in connection with: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of applicable laws or regulations; or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. 

 

XV.    Disclaimers and Limitation of Liability
Nothing in these Terms will prejudice the statutory rights that you may have as a user of the Services. Some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section. As a result, the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions. 


THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHOSEN AND THE CHOSEN ENTITIES DO NOT WARRANT THAT THE SERVICES OR ACCESS TO THE SERVICES ARE OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED, TIMELY, OR ERROR FREE. CHOSEN DOES NOT CONTROL, APPROVE, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON, REFERENCED BY, OR LINKED TO OR FROM THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER (MEMBER), INCLUDING MODERATORS. ALL VIEWS AND OPINIONS EXPRESSED ON THE SERVICES ARE THE VIEWS AND OPINIONS OF THE USERS (MEMBERS) AND DO NOT REPRESENT THE VIEWS, OPINIONS, OR POSITIONS OF CHOSEN. CHOSEN MAKES NO WARRANTY THAT IT WILL REMOVE OR CONTINUE TO PERMIT THE DISPLAY OF ANY SPECIFIC CONTENT, AND WILL HAVE NO LIABILITY WHATSOEVER FOR REMOVING OR CONTINUING TO PERMIT THE DISPLAY OF ANY CONTENT. WHILE CHOSEN ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHOSEN DOES NOT WARRANT THAT THE SERVICES WILL REMAIN UNCHANGED.


IN NO EVENT WILL ANY OF THE CHOSEN ENTITIES BY LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELYK RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR RESULTING LOSS OF DATA. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CHOSEN ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID CHOSEN IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE CHOSEN ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

 

XVI.    Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. Any disputes related to this Agreement or the Services must be brought in the federal or state courts located in Santa Barbara, California.
 

XVII.    Modifications
CHOSEN reserve the right to modify the terms of this Agreement from time to time. If we make changes, we will post the revised Membership Agreement. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the email address associated with Your Account or by otherwise providing you with notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Membership Agreement, you agree to be bound by the revised Membership Agreement. If you do not agree to be bound by the revised Membership Agreement, you must stop accessing and using our Services. 

 

XVIII.    Additional Terms
You may be asked to agree to additional terms, policies, guidelines, or rules before using a specific product or service offered by CHOSEN (collectively, “Additional Terms”). All Additional Terms are incorporated by reference into, and made a part of, this Agreement, and to the extent any Additional Terms conflict with this Agreement, the Additional Terms govern with respect to your use of the corresponding Services. If you participate in any CHOSEN program that is subject to Additional Terms, you must also agree to those Additional Terms.

 

XIX.    Termination
You may terminate Your Account at any time and for any reason by deleting Your Account. The Membership associated with Your Account will be terminated at the end of your membership cycle if you do not have automatic renewal set up properly with a valid payment method. If you do not renew your Membership, you will lose access to Your Account.

 

XX.    Survival
The following sections will survive any termination of this Agreement or Your Account or Membership: VI (Your Content), VIII (Your Use of the Services), X (Restrictions and Prohibitions), XIII (Intellectual Property), XIV (Indemnity), XV (Disclaimers and Limitations of Liability), XIV (Governing Law and Venue), XIX (Termination), and XXI (Miscellaneous).

 

XXI.    Miscellaneous
This Agreement, together with the Privacy Policy, Terms of Use, and any other agreements expressly incorporated by reference into this Agreement, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under this Agreement without our consent. We may freely assign any of our rights and obligations under this Agreement.

 

Headings are used in this Agreement for reference only and will not be considered when interpreting them. For purposes of this Agreement, (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation,” (b) the words “such as,” “for example,” “e.g., “ and any derivatives of those words will mean by way of example and the items that follow these words will not be an exhaustive list; and (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive. No ambiguity will be construed against any party based on a claim that the party drafted the language. 

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This Agreement is a legally binding agreement between you and CHOSEN. If you have any questions about this Agreement, please contact us here. 

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Last updated: November 25, 2024
 

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