Terms of Use
1. INTRODUCTION
Your use of this website and its features (collectively, the “Site”) is subject to these Terms of Use (“Terms”) between you and as applicable CheckAlt, LLC (collectively “CheckAlt”, “Company”, “we”, “us”, or “our”). These Terms govern your access and use of the Site, including any content, functionality, and services offered on or through the Site. By accessing and using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Site.
The Site is available to users who are eighteen (18) years of age or older. By using this Site, you represent that you are at least eighteen (18) years old. If you do not meet this requirement, do not access or use the Site.
We may update the Site and these Terms at our sole discretion. All changes are effective immediately upon posting and apply to all access and use of the Site thereafter. Your continued use of the Site constitutes your agreement to the changes. You agree to review these Terms periodically to ensure familiarity with the most recent version.
2. SITE CONTENT
The Site and its entire content, features, and functionality (including graphics, photographs, images, text, downloadable files, trademarks, software, names, designs, displays, video, audio, logos, product and program names, slogans, and the compilation, design, selection, and arrangement of the foregoing) (“Site Content”) are the property of the Company, its licensors, or other providers and are protected under U.S. and international laws.
You agree not to download, display, or use any Site Content in connection with products or services that are not those of the Company, in any manner likely to cause confusion, dilute the strength of the Company’s, its licensor’s or its other providers’ property, or infringe on the Company’s , its licensor’s or its other providers’, intellectual property rights. Misuse of any Site Content or third-party content that appears on the Site is prohibited.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
If you believe your trademark or copyright rights have been violated, please direct any correspondence to: assist@checkalt.com.
Accessing the Site may require a stable internet connection and modern internet browser.
You may provide the Company with suggestions, enhancement requests, recommendations, corrections, or other feedback (“Feedback”). You grant the Company and its affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate the Feedback into the Site.
The Company reserves the right to update, modify, or remove features, functionality, or other aspects of the Site at any time.
3. ACCOUNT REGISTRATION
We reserve the right to withdraw or amend the Site, and any Site Content or other service or material we provide on the Site, at our sole discretion without notice. We will not be liable if any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. You are responsible for making all arrangements necessary for access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
To access the Site or some of its resources, you may be asked to provide registration details or other information to create an account. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including through any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for maintaining the confidentiality of your username, password, or any other piece of information provided through use of or access to the Site and for restricting access to and disclosure of such information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Site using your username, password, or other security information. You accept responsibility for all activities that occur under your account, including, without limitation, unauthorized usage. Notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
4. USE OF THE SITE
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site or any feature thereon for:
- Any unlawful purpose, including tortious, intrusive, harassing, exploiting, libelous, defamatory, obscene, or threatening activities.
- Uploading, posting, reproducing, or distributing any content that infringes on the intellectual property rights or other rights of any third party.
- Any commercial purpose not expressly approved by the Company in writing.
- Violating any applicable federal, state, local, or international law or regulation, including export laws.
- Sending, knowingly receiving, uploading, downloading, using, or re-using any material that does not comply with these Terms.
- Engaging in conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm the Company or users of the Site or expose them to liability.
- Disabling, overburdening, damaging, or impairing the Site or interfering with any other party’s use of the Site, including their ability to engage in real-time activities.
- Introducing viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attacking the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempting to interfere with the proper working of the Site.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if you have violated any provision of these Terms.
You must immediately notify the Company of any actual or threatened unauthorized use of or access to the Site that comes to your attention.
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone on the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
5. INDEMNIFICATION
You agree to indemnify, defend, and hold the Company, its affiliates, parents, subsidiaries, suppliers, contractors, licensees, service providers, and each of their officers, employees, directors, licensors, agents, representatives, successors, and assigns harmless from any claims, damages, liabilities, losses, judgments, awards, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your violation of these Terms, your use of the Site, including any use of the Site content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
6. DISCLAIMER OF WARRANTIES
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Company does not endorse, verify, evaluate, or guarantee any information provided by users. You shall not create or distribute information, including but not limited to, advertisements, press releases, or other marketing materials, or include links to any sites which contain or suggest an endorsement by the Company without prior written approval.
THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY OR THE SITE, THE COMPANY’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
7. LIMITATIONS ON LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE OR THE SITE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT CAUSED BY EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. SUBMISSIONS
All information submitted to the Company via this site shall be deemed and remain the property of Company. We are free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in the information provided by visitors to this site. Company shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise agreed by Company with the direct customer relationship or as required by law. Nothing herein shall limit or reduce the Company’s responsibilities and obligations to customers in accordance with the Company Privacy Policy accessible through this site.
9. THIRD-PARTY WEBSITES
The Site may contain hyperlinks to sites not maintained by or related to the Company. These hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or the Company. The Company makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from the Site is subject to the terms of that site’s policies, and the Company has no control over how your information is collected, used, or otherwise handled. We encourage you to review the privacy policies and terms of the hyperlinked sites. We are not responsible or liable for the content or accuracy of any materials provided by any third parties.
10. OUR COMMUNICATIONS TO YOU
The Company may send electronic mail or otherwise contact you to advise you about our products or services, including changes or additions to our products or services, or for other purposes as the Company deems appropriate. Upon receipt of any marketing communications, you will have the option to opt-out or unsubscribe from future electronic marketing mail communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
11. ARBITRATION
At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
12. GEOGRAPHIC RESTRICTIONS
The Site is intended for use by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Please be advised that U.S. law may not offer the same privacy protections as the laws of your jurisdiction. By accessing and using the Site, you consent to the transfer and processing of your personal information in the U.S.
13. MISCELLANEOUS
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and the Company and are accepted by you upon your use of the Site. These Terms and the agreements incorporated by reference, including, without limitation, our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Site. By using the Site, you represent that you are capable of entering into a binding agreement and agree to be bound by these Terms.
These Terms are governed by the laws of the state of New York, in the United States of America, and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms shall be governed by, and construed in accordance with, the laws of New York, without giving effect to conflict of laws rules. Any matters or proceedings not subject to arbitration and/or for entering any judgment on an arbitration award shall take place in New York. By using the Site, you agree that any disputes regarding these Terms will be subject to the courts located in New York. These Terms operate to the fullest extent permissible by law. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THESE TERMS, AND/OR THE SUBMISSION OF AND/OR OUR USE OR DISTRIBUTION OF CONTENT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: assist@checkalt.com.
14. ADDITIONAL TERMS
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.
COPYRIGHT © CHECKALT, LLC. ALL RIGHTS RESERVED.
Copyright of any pages and in the information and material therein and in their arrangement is owned by CheckAlt LLC, unless otherwise indicated.
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