Important: Please carefully read the following Terms of Service (“Terms”) before enrolling in or otherwise using CheckInForGood.com or the Check-in For Good application (collectively, the “Services”). By using the Services, you represent and warrant that you have the right, authority and capacity to consent to these Terms in their entirety and you acknowledge that you have read, understand and fully accept and agree to all of these Terms. If you do not agree to these Terms in their entirety, or if you are under the age of 13, you are not authorized to join or otherwise use the Services.
Check-in For Good is brought to you by Check-in For Good, LLC (“we,” “us,” or similar pronoun). As used in these Terms, the term “Services” shall refer to the CheckInForGood.com website (whether operated as a domain or subdomain), and the Check-in For Good application and the logos, designs, text, images, videos, graphics, software and other content and materials available through the Services, and the selection and arrangement thereof (collectively, “Content”), and the hardware, software and networks associated with making the Services available to you. As used in these Terms, “you” or “your” (or similar pronoun) refers to any person or entity viewing or otherwise using the Services.
By using the Services, you acknowledge that you have read, understand and fully accept and agree to all of these Terms. If you do not agree to be bound by these Terms in their entirety, please discontinue your use of the Services. You are solely responsible for providing any hardware, systems and software programs needed to access the Services, and for any associated fees, charges and expenses. For example, you are required to obtain at your own cost a compatible personal computer or other device, an Internet access plan from a service provider and a valid email address.
By registering for the Services, you will create an account (an “Account”). If you choose to register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Services. You acknowledge and agree that we will have no liability associated with or arising from your failure to maintain accurate registration information, including, without limitation, your failure to receive important information and updates about the Services. If we have reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, we may suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) by you.
As a part of your Account registration, you will establish a username and password. We will email you to verify your Account and to reset your password to the email address provided as a part of your Account registration. Once you have logged in to your Account using your username and password, you can change your password. You must verify your account to gain access to the Services as a member. Your username and password are used to authenticate you when you use the Services. For your protection, you should memorize your username and password and not keep notation of them on or with your device. Your username and password help to ensure that only you can access your Account. You may also use Facebook Connect (or other social networking site) to log in to the Services, in which case you will be subject to applicable Facebook terms and conditions.
You agree not to share your username or password with anyone. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. You acknowledge and agree that any use of the Services occurring through your current username and password shall be deemed to be your actions and that we may rely upon such actions. You are solely responsible for protecting the confidentiality of your username and password.
The Services are designed to enable business that registers with us (“Company”) to select charities and other causes (each, a “Charity”) and to donate a designated amount (each, a “Donation”) to such Charity’s for each “check-in” by a customer of the Company through the Services. As part of this process, a Company may provide customers with an associated discounted offer for goods or services (“Offer”) that may be redeemed at upon such check-in. If you create an Account for or otherwise use the Services on behalf of a Company or Charity, the following terms will apply in addition to the other terms and conditions set forth in these Terms.
(a) If you registering on behalf of a Company:
(1) Company shall honor its donation commitments to each Charity. We will track the customer check-ins associated with Company and invoice the Company on a monthly basis for the aggregate amount of the Donations, from which we will deduct our administrative fee and any credit card processing fees that we incur prior to remitting Donations to the applicable Charity. Company understands and agrees that it may change its donation commitments using the Service, however the Donation amount specified by Company at the time of the applicable check-in will be used in calculating the aggregate amount of Donations owed by Company hereunder. All sums payable by Company to us under this Agreement are exclusive of any taxes, and are due and payable by credit card only within 15 days after the date of the applicable invoice. At our option, we may charge, and Company shall pay, interest on any late payments at the rate of 1.5% per month or, if lower, the maximum rate allowed by law.
(2) Company agrees that it is solely responsible for any issues or problems that may arise in relation to an Offer, and will ensure that (i) each Offer reflects all material terms and conditions related thereto and (ii) all information contained in an Offer is and will remain accurate and complete. Company is solely responsible for the redemption of all Offers made available by Company through the Services, and for tracking redemption of all Offers. We have no responsibility to track the redemption of Offers. Company will honor each Offer when the user presents it, and shall include any restrictions (if applicable) to the Offer prior to the display of the Offer through the Services. Company may not vary the terms or conditions that are applicable to the Offer in any way that is detrimental to users. In addition, Company will treat our users no less favorably than any other customers of Company.
(b) If you registering on behalf of a Charity: Charity acknowledges and agrees that we will remit the applicable amount of Donations, minus our administrative fee and any credit card processing fees that we incur, to Charity through our chosen payment processing partner, if Charity registered with us for use of the Services.
(c) Terms applicable to both Companies and Charities: You hereby grants us the right to display the information provided by or on your behalf on or through the Services, and in any other form of advertising or promotion of the Services, as designated by us. You represent and warrant that you will at all times comply with all applicable laws and regulations in connection with your use of and participation in the Services, including, but not limited to, laws or regulations related to, as applicable: (i) establishing or maintaining not-for-profit status, (ii) charitable solicitations or cause-related marketing initiatives, which may be referred to as “commercial co-venturer” laws, (iii) unclaimed property, (iv) the use of information about individuals. You further represent and warrant that you own or have secured all necessary rights and licenses for use of all elements of the Offer and all other materials you provide to us for use in connection with the Services, including any names, trademarks, images, text, or logos, and that the use of such materials will not violate the rights of any third party.
We will also provide identifying information about you to applicable Charities in an effort to facilitate their preparation of tax substantiation letters. If you do not receive a tax substantiation letter with respect to a particular Donation, you should follow up with the applicable Charity.
We will use commercially reasonable efforts to provide notice to you of any modification to the Terms reasonably in advance of such modification taking effect. Your continued use of the Services after any such notice constitutes your acceptance of these Terms as modified. If you register for or use additional features available as a part of the Services, additional terms and conditions, rules, policies and disclaimers may apply.
We may, in our sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Services, temporarily or permanently, including the availability of any features of the Services or access to any parts of the Services, at any time with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You may terminate your use of the Services at any time. We may suspend, discontinue or terminate your access to or use of the Services at any time without prior notice or obligation to you (a) if you violate any of these Terms as determined by us in our sole discretion, or (b) for any other reason in our sole discretion. We may notify you of any such suspension, discontinuance or termination by posting a notice on the Services, by email to an email address you provided to us upon registration or thereafter, or otherwise. Upon your receipt of such notice, you will immediately discontinue use of the Services during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of the Services, you must promptly destroy all Content obtained through the Services, as well as any copies of such Content. You are not permitted to re-enroll in the Services during your period of suspension or after your discontinuance or termination. Any provisions of these Terms that by their nature should survive termination shall so survive any termination of your use of the Services. You agree that we shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to the Services.
All ownership rights and title in and to the Services and all Content therein, including all intellectual property and other proprietary rights therein, are owned by us or our licensors. Unless and except as expressly stated in these Terms, you may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way the Services, or any portion therein, including, without limitation, any Content, without our prior written permission. All rights not expressly granted to you through these Terms are retained by us. Nothing in these Terms grants to you any right to use any of our or any other third party’s trademarks, service marks, logos, domain names or other indicia of origin.
We grant to you a limited, revocable, non-exclusive, non-sublicenseable and otherwise non-transferable license to access and use the Services (including any Content) strictly in accordance with these Terms. We may in our sole discretion suspend, discontinue or terminate this license at any time for any reason. No part of the Services may be reproduced in any form, stored or incorporated into any information retrieval system, electronic, mechanical or otherwise. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Services or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services and you may not take any action that imposes an unreasonable or disproportionately large burden on our systems as determined by us in our sole discretion. All rights not expressly granted to you are reserved by us.
In using or accessing the Services, you agree that you will not: (a) use the Services in breach of these Terms; (b) disrupt or interfere with the security of, or otherwise abuse, the Services, or any part of the Services; (c) use meta tags or any other “hidden text” utilizing our name, trademark or product name without our express written consent; (d) “deeplink” to the Services without our express prior written consent; (e) create or use a false identity on the Services; (f) attempt to obtain unauthorized access to the Services or portions of the Services that are restricted from general access; (g) to the extent applicable, misrepresent your business or cause; or (h) enroll as a business without the intent to pay for the Service or honor your obligations to causes.
In addition, you agree that you will comply with all applicable local, state, national and international laws, regulations and other legal requirements that relate to your use of or activities in connection with the Services.
THE SERVICES, IN WHOLE AND IN PART, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL FUNCTION AS INTENDED OR WILL BE UNINTERRUPTED OR ERROR- FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS YOU RECEIVE IN CONNECTION WITH THE SERVICES; (E) REGARDING THE ACCURACY OR COMPLETENESS, CURRENT NATURE OR STATUS OF ANY INFORMATION STORED IN OR PROVIDED THROUGH THE SERVICES; (F) THAT INFORMATION STORED IN YOUR ACCOUNT WILL BE AVAILABLE; (G) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES; (H) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (I)THAT DATA COLLECTED, STORED OR PROCESSED THROUGH THE SERVICES WILL BE SECURE OR ERROR-FREE. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA STORED THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SERVICES AND THE RESULTS AND PERFORMANCE THEREOF (INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, THIRD PARTY WEBSITES OR RESOURCES AND ANY GOODS, SERVICES OR CONTENT YOU MAY ACCESS OR PURCHASE THROUGH OR IN CONNECTION WITH THE SERVICES). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE AND OUR SUBSIDIARIES, AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS, VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “CHECK-IN PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH ANY OF THE FOLLOWING SUBJECT MATTER OR CIRCUMSTANCES, EVEN IF A CHECK-IN PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY CONTENT; (B) ANY THIRD PARTY WEBSITE, CONTENT OR RESOURCE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE SERVICES; (C) ANY GOODS, SERVICES OR INFORMATION PURCHASED, RECEIVED, SOLD OR PAID FOR THROUGH OR IN RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICES; (D) DISPUTES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY; (E) ANY INACCURACY, INCOMPLETENESS OR MISINFORMATION CONTAINED IN OR PROVIDED THROUGH THE SERVICES; (F) UNAVAILABILITY OF INFORMATION STORED WITH THE SERVICES; (G) UNAUTHORIZED ACCESS TO, OR ALTERATION OR LOSS OF, YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS COLLECTED, STORED OR SENT IN CONNECTION WITH THE SERVICES; OR (H) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR THE SERVICES. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS SHALL BE TO DISCONTINUE ANY USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold harmless the Check-In Parties from any loss, liability, claim, or demand, including costs and reasonable attorneys’ fees, made by any third party due to, in connection with, or arising out of your use of the Services or arising from your breach of these Terms, including any representation or warranty set forth herein, your violation of applicable laws or regulations, or your violation of any rights of another person or entity.
We do not endorse or represent and we are not responsible for (a) the safety, quality, accuracy, reliability, integrity or legality of goods or services, or of any advice, opinion, offer, proposal, statement, data or other information displayed, accessed, purchased or paid for in connection with the Services; or (b) third party merchants whose goods or services are displayed, accessed, offered or recommended in connection with the Services
We respect the rights of all copyright holders. If you believe that your work has been copied to the Services in a way that constitutes copyright infringement, please provide the following items to us at email@example.com, and we will investigate your claim and determine the appropriate course of action: (a) your contact information, including your name, address, telephone number, and email address; (b) identification and description of each copyrighted work that you claim has been infringed; (c) the exact URL or location of the material that you claim is infringing; (d) 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; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
The Services include and permit you to link to or access direct connections to third party websites, content and resources. For example, you may add direct links or connect to social networking platforms through the Services. You acknowledge that we have no control over any such third party websites, content or resources, which are made available by companies or persons other than us. You acknowledge and agree that we are not responsible for the availability of any such third party websites, content or resources. You further acknowledge that we are not liable to you for any loss or damage which may be incurred by you as a result of these third party websites, content or resources, including, without limitation, losses or damages suffered in connection with purchases made using features of the Services and losses or damages resulting from your participation in the Services.
The Services are controlled, operated and administered by us from our offices within the United States. We make no representation that materials on the Services are appropriate or available for use at locations outside of the United States and access to them from any location where the contents available through the Services are illegal is prohibited. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
(a) Export Laws. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Services. You agree that you will not export or re-export the Services in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.
(b) Force Majeure. We will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.
(c) Headings. The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
(d) Notices. You agree that we may provide you with notices and other disclosures in connection with the Services by mail, email, postings on the Services, other forms of electronic communication or other reasonable means. All electronic communications from us to you shall be deemed to be communications “in writing” and deemed delivered to you no later than the earlier of the date actually received or 5 days from the date of posting or dissemination. For communications that we are otherwise required under applicable law to provide in a written paper format to you, you agree that we may provide such communications or records by means of electronic communications.
(e) Waiver. Our failure to exercise or enforce any provision or right of these Terms shall not be deemed a waiver of such provision or right.
(g) Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(h) Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles). Any controversy or claim arising out of or relating to these Terms, or the breach or alleged breach thereof, shall be settled by binding arbitration in Raleigh, North Carolina, in accordance with Comprehensive Arbitration Rules and Procedures (as then in effect) of JAMS before a single arbitrator, and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any award rendered shall be final and conclusive to the parties. Nothing herein shall be construed to preclude either party from seeking injunctive relief from a court of competent jurisdiction in order to protect its rights pending an outcome in arbitration. The prevailing party in any suit, action or proceeding arising out of or relating to these Terms shall be reimbursed by the other party for its attorneys’ fees and other costs and expenses, including travel, incurred in the investigation, preparation, defense and prosecution of such suit, action or proceeding.
(i) User Disputes. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
(j) Relationship of the Parties. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.
(k) Assignment. You may not assign these Terms by operation of law or otherwise, without our prior written consent. We reserve the right to freely assign these Terms, and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns.
(l) Contact Us. If you have any questions about the Services, please contact us through our “Contact Us” page.