Terms of Service

CatalogChoice.org Terms of Use

We are CatalogChoice (“we” or “CatalogChoice”), a sponsored project of the Ecology Center. By using the web site www.catalogchoice.org (the “Site”), you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member (“Member”). This Agreement outlines the terms under which you may use the Site. For information about your privacy, read our Privacy Policy at http://www.catalogchoice.org/privacy.

If you wish to become a Member, which allows you to make use of the services offered by the Site (“Services”), read the Terms of Use and Privacy Policy carefully. Our Services are for personal, private, and noncommercial use only. You must accept the terms listed in this Agreement in order to become a Member. This Agreement is also available to you by emailing us at: support@catalogchoice.org. Please type: “Terms of Use” in the subject line.

Changes to this Agreement. CatalogChoice may amend this Agreement at any time, with or without notice to you, by posting amended terms on the Site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Site, registration as a Member or continued use of our Services after changes are made means that you agree to be bound by such changes. It is your responsibility to check this Agreement periodically for changes.

Eligibility. If you are 18 years of age or older, you may register as a Member and use the Site. Children under 18 are never allowed to register as a Member and must rely on a parent or guardian to access and use the Site on their behalf. By registering and using this Site, you warrant both that you have the right and/or authority to enter into this Agreement and that you will agree to any and all terms of use listed in this Agreement (including such modifications as we will make from time to time).

Our Services. CatalogChoice offers a free Internet service that allows you to chose paper catalogs that you no longer wish to receive in the mail. As a Member, you may also use your account to decline catalogs at multiple addresses, add new catalogs to our database, and record personal notes. These Service is only available if your mailing address in the United States or D.C.

In order to become a Member, you must be the named recipient of the catalogs for which you are asking to be unsubscribed or the current resident at the address where the catalogs are mailed if the catalogs are addressed to “current resident;” or, if you are signing up someone else, you must have the express authorization from the named recipient of the catalogs.

Here is how it works: Follow the instructions on the Site to become a Member, then sign in to your account and select from our list the catalog(s) you no longer wish to receive. You authorize Catalog Choice to act as your Agent to instruct the catalog providers and marketing companies that distribute the catalogs you have selected to remove your name and address(es) from their mailing lists. We make commercially reasonable efforts to contact the merchant and request that they honor your request to stop receiving the catalogs you have selected, but we do not guarantee it and are not responsible for these third party companies’ actions or omissions.

CatalogChoice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that CatalogChoice shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Use of the Site or your Membership Account. You are responsible for maintaining the security of your CatalogChoice account and are responsible for all activities that occur under the account and any other action taken in connection with it. You must notify CatalogChoice of any unauthorized uses of your account or any other breaches of security. You understand and agree that we may review and delete any content, including messages, notes, catalog names or profiles (collectively, “Member Content”), that in our judgment violates this Agreement, or that may be offensive, illegal, or that may violate the rights, harm, or threaten the safety of others.

Term. You may terminate your Membership at any time and for any reason by following the instructions listed at https://www.catalogchoice.org/profile, or upon our receipt of your written notification. We may terminate your Membership for any reason, effective upon sending notice to you at the email address you provided in your initial application for Membership, or such other email address as you may later provide to us.

Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringement. CatalogChoice respects the intellectual property rights of others and expects all users and Members of the Site and Services to respect them as well. If you believe your copyrights or other intellectual property rights have been infringed or otherwise violated, please provide CatalogChoice’s Copyright Agent the following information (your “Notice of Claim”):

1. The signature (physical or electronic) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property you claim has been infringed;

3. a description of where on the Site the material you claim is infringing is located;

4. your address, telephone number and email address;

5. a 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;

6. a statement by you, made under penalty of perjury, that the above information in your Notice of Claim is accurate, and that you are the copyright owner or intellectual property owner, or are authorized to act on the copyright or intellectual property owner’s behalf.

CatalogChoice’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent c/o CatalogChoice. 1654A Solano Ave Berkeley, CA 94707 By fax: 510-868-0562 By email: Team@catalogchoice.org

Intellectual Property Rights. CatalogChoice owns and retains all proprietary rights in and to the Site and the Services. The Site contains CatalogChoice’s intellectual property, which may include patents, copyrighted material, trademarks, and other proprietary information of CatalogChoice and its affiliates, subsidiaries, or licensors (collectively, “Proprietary Information”). Except for your Member Content, and that information in the public domain or for which you have been given prior, explicit written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Proprietary Information.

Disclaimers. CatalogChoice is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Services. CatalogChoice assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member information. CatalogChoice is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services. Under no circumstances will CatalogChoice be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline.

The Site and the Services are provided “AS-IS” and (to the extent legally permitted), CatalogChoice expressly disclaims all warranties or conditions of any kind, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. CatalogChoice makes no warranty that the Site will be error-free and that access thereto will be continuous and uninterrupted. CatalogChoice cannot guarantee and does not promise any specific results from use of the Site and/or the Services. If you decide to use the Services or register as a Member, you do so at your own discretion and risk.

Limitation of Liability. In no event is CatalogChoice liable to you, any user, Member or third party for any indirect, consequential, exemplary, incidental, special or punitive damages (however arising, including negligence), including lost profits arising out of, or relating to any use or misuse of the Site or Services or any part thereof.

Claims or Disputes. If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Service (“Claim”), you agree that we will resolve any Claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim must be resolved by a court located in San Francisco County, California. By using the Site or the Services, You agree to submit to the personal jurisdiction of the courts located within San francisco County, California for the purpose of litigating all Claims.

Notice. Except as otherwise explicitly stated in this Agreement, legal notices to CatalogChoice shall be served on CatalogChoice’s registered agent and shall be served on you at the email address you provided when registering with CatalogChoice. Notice shall be deemed given 24 hours after the email is sent, unless the sending party receives a notification that the email address is invalid. In the alternative, CatalogChoice may give you legal notice by mail to the address that you provided during registration, in which case notice shall be deemed given three (3) days after mailing.

Other. CatalogChoice is located at 1654A Solano Ave, Berkeley, CA 94707. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Services, contains the entire agreement between you and CatalogChoice regarding the use of the Site and/or the Services. The following sections will survive any termination of this Agreement: Disclaimers, Limitation of Liability; Claims or Disputes and Other. If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck and the remainder of this Agreement shall continue in full force and effect. In CatalogChoice’s sole discretion, CatalogChoice may assign this Agreement in accordance with the Notices section. Section headings are for references purposes and do not limit the scope or extent of any section. CatalogChoice’s 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. CatalogChoice does not guarantee that we will take action against all breaches of this Agreement.