2400 E.Katella Avenue, Suite 800 Anaheim, CA 92806
Since 1989
Since 1989
1 (844) 292-3700

1st Choice Development Terms of Service

Welcome to the 1st Choice Development website (the “Site”).  

 

PLEASE READ THESE TERMS OF SERVICE (the “Terms”) CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE.

 

1. Your Acceptance

  1. By using or visiting the 1st Choice Development website or any 1st Choice Development products, software, voice and data services, and services provided to you on, from, or through the 1st Choice Development website (collectively the “Service”) and by clicking on the “I Agree” below you signify your agreement to these terms and conditions (the “Terms of Service”), and 1st Choice Development’s privacy notice, found at <insert link> and incorporated herein by reference.  If you do not agree to any of these terms or the 1st Choice Development privacy notice, please do not use the Service. 

  2. Although 1st Choice Development may attempt to notify you when significant changes are made to these Terms of Service, you should periodically review the most up-to-date version. 1st Choice Development may, in its sole discretion, modify or amend these Terms of Service at any time, and you agree to be bound by such modifications or revisions. 

2. Service

  1. 1st Choice Development is a direct communication marketing service that provides sales professionals with technology, training and support about digital marketing and other school related information.  These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes information, text, messages, data, interactive features and any other materials.  It also includes software, scripts, graphics, photos, videos, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of 1st Choice Development, including but not limited to all products, software and services offered via the 1st Choice Development website. 

  2. The Service may include links to third-party websites that are not owned or controlled by 1st Choice Development. 1st Choice Development has no control over and therefore assumes no responsibility for, the content or practices of any third-party websites. 1st Choice Development cannot censor or edit the content of any third-party site. By using the Service you expressly relieve 1st Choice Development from any and all liability arising from your use of any third-party website. 

3. 1st Choice Development Accounts

  1. In order to access some features of the Service, you will need to create an 1st Choice Development account.  You must provide complete and accurate information when creating your account. You are solely responsible for the activity that occurs on your account.  You must keep your account password secure. You understand that you have complete responsibility for your account and everything that happens with your account.  1st Choice Development is not liable for any damages or losses caused by someone using your account without your permission. 

  2. In addition to your other obligations under these Terms of Service and in consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the 1st Choice Development registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete.  If you provide any personal information that is untrue, inaccurate, not current or incomplete, or 1st Choice Development has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1st Choice Development has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.

4. General Use of the Service—Permissions and Restrictions

1st Choice Development hereby grants you the limited right to view and use the Site and the Service as set forth in these Terms of Service, provided that:

  1. You agree not to distribute any part of the Service or the Content in any medium without 1st Choice Development’s prior written consent as you understand that the Service is being made available to you for your personal school-related use only; 

  2. You agree not to alter or modify any part of the Content or of the Service;

  3. You are of legal age to enter into contracts (you are not a minor). If you are a minor, you hereby represent and warrant that you have obtained the consent of your parent or legal guardian for you to enter this agreement as provided below; 

  4. You have full right and power to enter into and perform this agreement, and have secured all third party permissions necessary to enter into this agreement and to submit the Content as provided herein, including, without limitation, from all individuals portrayed in the Content;  

  5. You agree to access Content only through the video playback pages of the Service itself or other explicitly authorized means 1st Choice Development may designate;

  6. The Content is your own original work, and contains no material otherwise created by someone who is not you; you are solely responsible for any Content that you post to the Service; 

  7. We are not required to make any payments of any kind to you or any other person or company in connection with our use of the Content; 

  8. The Content does not and will not infringe on any third party’s intellectual property or other proprietary rights, or rights of publicity or privacy and the Content is not and will not be defamatory, libelous, pornographic or obscene;

  9. The Content does not and will not violate any law and the Content does not and will not contain any viruses or other information which may damage or otherwise interfere with our computer systems or data or that of our visitors or other users;

  10. You agree not to use the Service for any commercial purposes unless you obtain 1st Choice Development’s prior written approval; 

  11. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the 1st Choice Development servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, 1st Choice Development grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. 1st Choice Development reserves the right to revoke these exceptions either generally or in specific cases;

  12. All factual assertions that you have made and will make to us are true and complete and all consents and other documents provided to us are true and valid copies of the originals; and

  13. 1st Choice Development reserves the right to discontinue any aspect of the Service at any time. 

5. Use of Content

In addition to the stated restrictions above, the following restrictions apply specifically to your use of Content.

  1. The Content and the Service is subject to copyright and other intellectual property rights under the law, and trademarks, service marks and logos on the Service are owned by or licensed to 1st Choice Development, 

  2. Content is provided to you AS IS. You may access Content only for your personal use as permitted under these Terms of Service. You agree not download any Content unless permitted to do so by 1st Choice Development. You agree not to copy, reproduce, distribute, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of 1st Choice Development. 1st Choice Development reserves all rights not expressly granted in the Service. 

  3. You agree not to circumvent, disable or in any way interfere with security features of the Service or other features that prevent or restrict use or copying of any Content. 

6. Content Submissions

  1. As an 1st Choice Development account holder you may submit Content to the Service.  You hereby irrevocably grant, transfer and convey to 1st Choice Development a worldwide, royalty-free, sublicenseable and transferable license to use and the unlimited and unconditional right to distribute, exploit and use, prepare derivative works and perform on a non-exclusive basis in perpetuity, anywhere and everywhere in the universe, in any media and by any means now known or hereafter devised, any materials, the Content submitted by you to us only in connection with the Service and subject to the privacy restrictions set forth in the Service. 

  2. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to 1st Choice Development all patent, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. 

  3. Upon our request, you agree to furnish 1st Choice Development with all documentation, consents and/or other releases necessary to prove your unrestricted ownership in all materials contained in the Content and/or your right to use such materials without limitation for any purpose including without limitation all agreements with all third parties appearing in the Content setting forth those third parties consents to your use of the Content.

  4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant 1st Choice Development all of the license rights granted herein. 

  5. 1st Choice Development does not permit infringement of intellectual property rights on the Service, and 1st Choice Development will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Notify us if you believe that materials on our Service violate your or a third-partie’s copyright.  1st Choice Development reserves the right to remove Content without prior notice. 

7. Account Termination 

  1. If any user is determined to be a repeat infringer, 1st Choice Development will terminate that user’s access to the Service. 

  2. 1st Choice Development reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. 1st Choice Development may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service. 

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 1st Choice Development, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. 1st Choice Development MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. 1st Choice Development DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 1st Choice Development WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  ACCORDINGLY THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOUR RIGHTS MAY VARY FROM STATE TO STATE.

10. Limitation of Liability

IN NO EVENT SHALL 1st Choice Development, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT 1st Choice Development SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 1st Choice Development, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.  You are familiar with Section 1542 of the Civil Code of the State of California, which provides as follows:

• A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

You waive and relinquish any right and benefit which you may have under Section 1542 and under any similar laws of any state or territory of the United States or other jurisdictions to the extent that you may lawfully do so in connection with the subject matter of this agreement.

 

12. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be assigned by you without 1st Choice Development’s prior written consent, but may be assigned by 1st Choice Development without restriction.

13. General

These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and 1st Choice Development that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Service shall constitute the entire agreement between you and 1st Choice Development. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and 1st Choice Development’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND 1st Choice Development AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Continued use of this site indicates your acceptance of these terms.

Contact 1st Choice Development

You may send 1st Choice Development requests, responses, questions and complaints, by contacting 1st Choice Development at [email protected], or by post mail to:
1st Choice Development: 2400 East Katella Ave. Suite 800, Anaheim CA 92806