Last Updated on June 4, 2020.
These Terms of Service (which, together with the Business Terms below, are the “Terms”) are effective immediately for users accessing or using the Service without an Account or those registering Accounts on or after June, 2020, and will become effective June 1, 2020 for users with pre-existing Accounts.
PLEASE NOTE: THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 13) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT (1) CLAIMS YOU BRING AGAINST CHECKLE BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
These Terms govern your access to and use of our products and services, including those offered through our websites, events, communications (e.g., emails, phone calls, and texts) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding contract with: (i) Checkle Inc., a Delaware corporation with its headquarters in Huntsville, Alabama, unless you are a resident of a country in the European Economic Area (the “EEA”) or Switzerland. “Checkle” means Checkle Inc., as applicable. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.
Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to Checkle and its subsidiaries.
Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to, through, or in connection with the Service. “Checkle Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than Checkle or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, Checkle Content, and Third Party Content.
Sites and Accounts. “Consumer Site” means Checkle’s consumer website (www.checkle.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use the Checkle for Business Owners website (app.checkle.com and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.
1. CHANGES TO THE TERMS
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms, we will notify you by posting notice on the Service, and/or by other method prior to the effective date of the changes. We will also indicate at the top of this page the date that such changes were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Checkle, and any inconsistencies among the different versions will be resolved in favor of the English.
3. USING THE SERVICE
Eligibility. To access or use the Service, you must have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of Checkle or if we have previously banned you from the Service or closed your Account.
Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
Service Availability. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to bolster your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without Checkle’s prior approval.
Communications from Checkle and Others. By accessing or using the Service, you consent to receive communications from other users and Checkle through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Checkle or businesses listed on Checkle, and may be initiated by Checkle, businesses listed on Checkle, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Checkle or made through the Service may be monitored and recorded for quality purposes.
Responsibility for Your Content. You alone are responsible for Your Content, and once posted to Checkle, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Checkle.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any
Other Media. Finally, you irrevocably waive, and cause to be waived, against Checkle and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Ownership. As between you and Checkle, you own Your Content. We own the Checkle Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate heart ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Checkle Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the Checkle Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Checkle Content are retained by us.
Advertising. Checkle and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Other. User Content (including any that may have been created by users employed or contracted by Checkle) does not necessarily reflect the opinion of Checkle. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines.
5. BOOKING AND TRANSACTING
Generally. You can, or will be able to, access features through the Service that allow you to book or transact online with local businesses, such as making restaurant reservations, ordering food delivery, or scheduling appointments. These features may be provided by Checkle’s third-party partners, including through iframes or similar formats, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that Checkle may facilitate any such payments and charges on behalf of the transacting local business.
Coupons. Any coupons that Checkle might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
7. REPRESENTATIONS AND WARRANTIES
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You represent and warrant that:
Violate any applicable law; Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by Checkle; Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service or any Service Content, except as expressly permitted by Checkle Reverse engineer any portion of the Service, unless applicable law prohibits this restriction Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service; Record, process, or mine information about users; Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews; Reformat or frame any portion of the Service; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Checkle’s technology infrastructure or otherwise make excessive traffic demands of the Service; Attempt to gain unauthorized access to the Service, Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means; Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature; Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service; Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.
8. ADDITIONAL POLICIES AND TERMS
Copyright and Trademark Disputes. You agree to follow our Infringement Policy in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent pursuant to our Infringement Policy to the user who submitted the User Content at issue.
Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. If you have a Business Account, the Business Terms provided below apply to you.
9. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Checkle and its users any claims and assertions of any moral rights contained in such Feedback.
10. THIRD PARTY CONTENT AND SERVICES
The Service may host Third Party Content, or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third Party Content or Third Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third Party Content or Third Party Service. Your use of and reliance on any Third Party Content or Third Party Service is at your own risk.
Some of the services made available through the Service and Third Party Services may be subject to additional third party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third party terms.
You agree to indemnify, defend, and hold harmless Checkle, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “Checkle Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to: (i) your access to or use of the Service, including Your Content, (ii) your violation of the Terms, (iii) your breach of your representations and warranties provided under these Terms, (iv) any products or services purchased or obtained by you in connection with the Service, (v) your products or services, or the marketing or provision thereof to end users, or (vi) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Checkle reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Checkle. Checkle will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CHECKLE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CHECKLE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE CHECKLE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. ACCORDINGLY, THE CHECKLE ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
THE CHECKLE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE CHECKLE ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
THE CHECKLE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CHECKLE ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
THE CHECKLE ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CHECKLE ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY CHECKLE BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION 12 WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
12. ARBITRATION, DISPUTES, AND CHOICE OF LAW
If you are a resident of the United States or Canada:
EXCEPT FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND CHECKLE (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND CHECKLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND CHECKLE EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.
“Excluded Claims” means: (a) Claims brought by you or Checkle that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks), or a breach of Section 7 above (Representations and Warranties). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims, as defined in Section 3 of the Additional Terms for Business Accounts, are governed by that section.
Excluded Claims and Claims that cannot be arbitrated must be brought in court. Alabama law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or Checkle may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Huntsville, Alabama and you consent to the personal jurisdiction of these courts for the purpose of litigating any such Claim.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing Checkle with a notice of termination to email@example.com .
We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 3, 5, 7–15 of the Terms of Service will continue in full force and effect.
15. GENERAL TERMS
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
Any failure on Checkle’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except pursuant to a writing executed by Checkle.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Checkle’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and Checkle as a result of these Terms or your use of the Service. The section titles in the Terms are for convenience only and have no legal or contractual effect.
ADDITIONAL TERMS FOR BUSINESS ACCOUNTS
Last Updated on December 8, 2020.
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from Checkle on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with Checkle. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
1. REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
In order to access or use the Services, you agree that: you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”); your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business; your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services; you grant Checkle a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology; you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes; you understand that we may display health score information for your Business, and may place a Consumer Alert regarding that health score, on the business page for your Business; you understand and agree that we may share certain aggregate or otherwise deidentified information about your responses to Request a Quote leads with other Businesses, for example, the number of total Businesses responding to the lead and the speed of those responses; and you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under California law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
You represent and warrant that you will not, and will not authorize or induce any other party, to: offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews or ‘Likes’ of your Business, or to prevent or remove reviews, and you understand and acknowledge that Checkle, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews; solicit or ask for reviews from your customers; write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors; pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent Checkle’s Recommendation Software (defined below) or fraud detection systems; attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions; use any automated means or form of scraping or data extraction to access, query or otherwise collect Checkle data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by Checkle use any Checkle trademark or service mark in any manner without Checkle’s prior written consent; or misrepresent your identity or affiliation to anyone in connection with Checkle.
You understand and acknowledge that Checkle allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that Checkle employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while Checkle uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from Checkle will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on Checkle.
The following Sections 2 and 3 apply if you are a resident of the United States or Canada only:
2. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CHECKLE ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like Checkle, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as Cal. Civ. Proc. Code § 425.16 in California, may require you to pay Checkle’s attorneys’ fees if you attempt to impose such liability on Checkle through legal proceedings.
3. ARBITRATION, DISPUTES, AND CHOICE OF LAW FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR CHECKLE. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.
Except for Excluded Business Claims, any controversy or claim arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account Business Site; (each such controversy or claim, a “Business Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator will issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. “Excluded Business Claims” means Claims related to intellectual property (like copyrights and trademarks) or violations of Section 7 of the Terms of Service (Representations and Warranties). Business Claims shall be heard by a single arbitrator. Arbitrations will be held in Huntsville, Alabama, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the State of Alabama. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.
NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HUNTSVILLE, ALABAMA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND CHECKLE AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND CHECKLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.
4. Compliance with 3rd Party Review Site Policies
Business using the Checkle platform agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.
Review gating: Businesses using Checkle cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public.
When soliciting reviews using the Checkle platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys.
Sites prohibiting solicitation of reviews: Businesses using Checkle will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Checkle platform to bypass review sites’ policies.
Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Checkle will notify the business and allow them 30 days take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Checkle.
Last Updated on October, 2020.
INFORMATION WE COLLECT AND HOW WE USE IT
We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service. We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, engage in research and analysis relating to the Service, personalize your experience, track usage of the Service, provide feedback to third party businesses that are listed on the Service, display relevant advertising, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process.Please also note:
Account Information: When you create a Checkle account, we store and use the information you provide during that process, such as the first and last name you enter, email address, zip code, physical address, and any other information you may provide during the account creation process, such as a gender, phone number, or birth date. We may publicly display the first name and last initial that you provide, as well as any photo or other content you submit through the account creation process, as part of your account profile. We also store and use any preferences you provide to personalize your user experience, including dining and activity preferences. If you believe that someone has created an unauthorized account using your personal information, you can request its removal by flagging it.
Public Content: Your contributions to the Service are intended for public consumption and are therefore viewable by the public, including your photos, ratings, “Likes”, “Follows”, reviews, tips, lists, Collections, compliments, Ask the Community posts, Checkle posts, and edits to business page information. Your account profile (e.g., first name, last initial, city, neighborhood, the month and year you created your Checkle account, profile photos and list of friends on Checkle) is also intended for public consumption, as is some of your other activity through the Service, like how you vote on other people’s contributions (e.g., useful, funny, cool, helpful, or not helpful), which contributions you like, where you check-in (including when friends on Checkle tag you in their own check-ins), which contributions or users you follow, and which businesses you follow or bookmark.
Contacts: You can invite others to join or become your friend on Checkle by providing us with their contact information, or by allowing us to access contacts from your computer, mobile device, or third party sites to select which individuals you want to invite. If you allow us to access your contacts, we will transmit information about your contacts to our servers long enough to process your invitations .
Communications: When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and Checkle. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Checkle. For example, if you make a reservation, order food, place yourself on a waitlist, or request a quote from a business through the Service, we may send you messages about your transaction using the contact information you provide, including through automated SMS text messages to your phone number. We may also track your actions in response to the messages you receive from us or through the Service, such as whether you deleted, opened, or forwarded such messages, and share that information with other parties to your messages (for example, to let them know if you have viewed their message). When a user requests a quote or similar information from multiple businesses through the Service, we may disclose to those businesses information about the status of the user’s requests, such as whether any business has responded to the request, the type of response provided (for example, a quote or a request for more information), and whether the user has responded to any business’s reply. If you exchange messages with others through the Service, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Service, as well as our efforts to improve the Service. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. If you send or receive messages through the Service via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on Checkle, or use a phone number associated now or previously with such a business, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our communications with you, including phone calls, may be monitored and recorded for quality purposes.
Transactions: If you initiate a transaction through the Service, such as a reservation or purchase, we will collect and store information you provide associated with your transaction, such as your name, phone number, address, email, and payment information, as well as any other information you provide, in order to process your transaction, send communications about the transaction to you, and facilitate future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers and other sensitive payment information, that information is encrypted using industry standard technology. If you write reviews about businesses with which you transact through the Service, we may publicly display the fact that you transacted with those businesses in connection with such reviews. For example, if you make a dining reservation through the Service and later write a review about your experience, we may publicly display the fact that you made your reservation through the Service.
Activity: We store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits, businesses you call using our mobile applications, and reservations, purchases, or transactions you make through the Service. We also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our applications in iOS or Android privacy settings.
Different Devices: You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Checkle website or Checkle mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Checkle platform will typically be similarly visible and accessible through all other Checkle platforms.
Professional Information: If you represent a business on Checkle, we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address that is also used as a home address. We will also collect and display information about your professional background that you choose to share with us through the Service, such as information about your professional licenses or certifications, or your professional history or specialties.
3. THIRD PARTIES
Third parties may receive information about you as follows:
We allow third party partners to use and display some of the public content available through the Service, such as your photos, reviews, and other information listed under “Public Content” in Section 1 above.
We rely on third party service providers to support or provide services for us in connection with your use of the Service, such as food delivery services, communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We share information from or about you with these third party providers so that they can perform their services or complete your requests. For example, we may share your advertising identifiers (e.g., your IDFA, GAID, or a cryptographic hash of your email address) with third party service providers that help us facilitate Checkle’s advertising programs and measure and report their effectiveness, including with third parties that help determine the efficacy of Checkle’s advertising programs by combining information they receive about you from other sources than the Service. You may be able to limit our access to some of this information through your mobile device settings, as described in Section 2 above, or through the Service’s settings. Checkle’s third party service providers may likewise share information with us that they obtain from or about you in connection with providing their services or completing your requests.
Aggregate or Anonymous Information:
We share user information in the aggregate with third parties, such as businesses that are listed on Checkle and content distributors. For example, we disclose the number of users that have been exposed to or interacted with advertisements, or that we believe visited the physical location of a particular business.
Businesses on Checkle:
We may share information from or about you (such as your city, and if you provide it, your age and gender), your device type, and your use of the Service (such as which businesses you bookmark or call, or if you visit a business’s URL) with businesses on Checkle. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through Checkle or otherwise, regardless of your settings (see Section 1 above). Additionally, if you make a phone call to a business through or in connection with your use of the Service, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone settings or phone service provider.
Investigations and Legal Disclosures:
We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with Checkle’s Consumer Alerts program. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
The Service may link to third party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices.
4. CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Service pseudonymously, though doing so could detract from the credibility of your contributions to the Service. Checkle users can also use the Find Friends feature to find one another based on their names or email addresses (you can limit your visibility for this feature in your account settings). Please also note that the messages you send or receive using the Service are only private to the extent that both you and the recipient(s) of your messages keep them private. For example, if you send a message to another user, that user may choose to publicly post it. We may access, review, and disclose such messages in connection with investigations related to use of the Service, as well as our efforts to improve the Service.
5. DATA RETENTION AND ACCOUNT TERMINATION
The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at firstname.lastname@example.org . If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
8. CONTACT INFORMATION
10. CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around Checkle’s collection, use, and sharing of their personal information.Checkle does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.Checkle collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information Checkle collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Checkle to retain and use certain personal information notwithstanding your deletion request. You may send your request by email to email@example.com . We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8.
11. NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS
Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Checkle does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us through firstname.lastname@example.org .
12. EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER
Last Updated on June. 4, 2020
We do not take kindly to those who abuse the intellectual property rights of others. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:Identification of the copyrighted or trademarked work that you claim has been infringed;Identification of the allegedly infringing content, and information reasonably sufficient to permit Checkle to locate it on the Site (e.g., the URL for the web page on which the content appears);A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; andYour physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).At the same time, we do not take kindly to those who abuse the scope of their own intellectual property rights. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:Identification of the copyrighted or trademarked work that was removed, and the location on the Site where it would have been found prior to its removal;A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work; A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) any judicial district in which Checkle is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to Checkle, or an agent of such person;Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user's account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices in the following ways. By mail, courier, or fax: Checkle Inc. Attn: Copyright Agent 8000 Madison Blvd Ste D102-315 Madison, Alabama 35758 OR Through email at email@example.com.
These terms and conditions (the "Event Terms") govern attendance and participation in events listed on the Checkle website, including parties, promotions, and contests.As used throughout these Event Terms, the terms "we", "us", "our", and "Checkle" refer to Checkle Inc.,. The term "Checkle Event" means an event, gathering, promotion, contest, meet-up or the like that is organized or hosted by Checkle. "Non-Checkle Event" means an event, gathering, promotion, contest, meet-up or the like that is organized by someone other than Checkle but that may appear or be listed on the Checkle website.In order to participate or attend a Checkle Event, you must first agree to these Event Terms. If, after reading these Event Terms, you find that you cannot or will not agree to any terms or conditions within it, please do not RSVP to or attend any Checkle Event. If you RSVP to any Checkle or Non-Checkle Event through the Checkle site (e.g., by clicking "I'm In!," "RSVP," or messaging an event organizer), you signal that you have read, understand, and agree to these Event Terms.
Our foreign language skills aren't perfect, so while we translate these Event Terms into other languages for your convenience, any inconsistencies among the different versions will be resolved in favor of the English version. Similarly, any inconsistencies between these Event Terms and the will be resolved in favor of the Event Terms.
You represent that (a) you are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) you have the requisite power and authority to enter into these Event Terms, and (c) you have read and understood these Event Terms as well as Checkle's C
Checkle and its sponsors and vendors sometimes take photos and videos at Checkle Events, and later use them for promotional purposes. By participating or attending any Checkle Event, you agree that you may appear in some of these photos and videos, and you authorize their use in this fashion. On the flip side, if you take any photos or videos of attendees at a Checkle Event and provide them to us, you authorize us to use them in the same fashion, and represent that the attendees that appear in your photos and videos have also consented to such use.We don't control Non-Checkle Events or the people that organize them. It's possible that organizers or attendees of Non-Checkle Events will take photos or shoot videos in which you appear and then post them online (including, possibly, the Checkle site). By RSVP'ing to a Non-Checkle Event through the Checkle site, you authorize Checkle's use of such media for promotional purposes.
4. ASSUMPTION OF RISK / RELEASE OF LIABILITY / INDEMNITY
(a) Assumption of Risk. Although we try to create a safe environment at Checkle Events, accidents or other bad things happen, even to good people. We ask that you do your part to help limit the possibility that you might get injured at a Checkle Event.You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend or participate at a Checkle Event. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Checkle Event, and you should always drink responsibly given the risks associated with drunk driving and participating in activities while your judgment is impaired. Second, please note that some of the other Checkle Event guests may be less responsible than you, and may themselves create additional risk to you despite their best intentions.In sum, you understand that your attendance and participation at Checkle Events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.By the same token, you agree that Checkle is not responsible for any injuries or accidents that you might sustain at Non-Checkle Events listed on the Checkle site.
(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge and covenant not to sue Checkle and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys fees) which may arise out of, result from, or relate in any way to your attendance at any Checkle or Non-Checkle Event, except, of course, for any gross negligence or willful misconduct on our part.
(c) Indemnity. By the same token, you agree to indemnify and hold Checkle, its parents, subsidiaries, affiliates, officers, directors, employees, agents and representatives harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to, related to, or connected with your attendance or conduct at any Checkle or Non-Checkle Event.
While we hope not to, Checkle may prohibit your attendance at any Checkle Event at any time if you fail to abide by these Event Terms, the Terms of Serve, or for any or no reason, without notice or liability of any kind. In the event of any termination, whether by you or us, Sections 1, 3-9 of these Event Terms will continue in full force and effect.
6. CHOICE OF LAW AND VENUE
California law will govern these Event Terms, as well as any claim, cause of action or dispute that might arise between you and Checkle (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HUNTSVILLE, ALABAMA.
7. GENERAL TERMS
You agree that you will not represent yourself as an employee, representative, or agent of Checkle (unless, of course, you are actually employed by Checkle, in which case these Event Terms will govern your participation in any Checkle Event to the extent such Terms are not inconsistent with Checkle's standard employment agreements or policies). We reserve the right to cancel any Checkle Event at any time, for any reason, and without liability or prejudice. Any failure on Checkle's part to exercise or enforce any right or provision of the Event Terms does not constitute a waiver of such right or provision. If any provision of the Event Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Event Terms shall otherwise remain in full force and effect and enforceable.
8. UNOFFICIAL CHECKLE EVENTS
From time to time, members of the Checkle Community organize their own meet-ups and events (sometimes called "UCEs" or "Unofficial Checkle Events"). Although Checkle representatives sometimes join in the fun, UCEs are Non-Checkle Events and are not sponsored or endorsed by Checkle, even when they are promoted on the Checkle website. If you organize a UCE, you agree to (a) promote it as such, and (b) not create the impression that it is sponsored or endorsed by Checkle. All terms and conditions relating to Non-Checkle Events apply equally to UCEs.
Checkle allows, or might eventually allow, users to contribute different kinds of content, including reviews, photos, videos, events, votes, tips, direct messages, and more. Being kind isn’t rocket science, but just in case, we’ve put together these general guidelines. Please also read the guidelines below for specific types of content that you might contribute to the site.Inappropriate content: Colorful language and imagery is fine, but there's no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.
Conflicts of interest: Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group. Business owners should not ask customers to write reviews or provide “Likes” for their venue.
Promotional content: Unless you're using your Business Owners Account to add content to your business's profile page, we generally frown upon promotional content. Let's keep the site useful for consumers and not overrun with commercial noise from every user.
Relevance: Please make sure your contributions are relevant and appropriate to the forum. For example, reviews aren't the place for rants about a business's employment practices, political ideologies, extraordinary circumstances, or other matters that don't address the core of the consumer experience.
Privacy: Don’t publicize other people’s private information. Please don’t post close-up photos or videos of other patrons without their permission, and please don’t post other people’s full names unless you’re referring to service providers who are commonly identified by or commonly share their own full names.
Intellectual property: Don’t swipe content from other sites or users. You’re a smart cookie, so write your own reviews and take your own photos and videos, please!
Demanding payment: Beyond simply asking for a refund to remedy a bad experience, you should not use removing or posting your review as a way to extract payment from a business, regardless of whether you’ve been a customer.