Please read the following carefully. These Terms of Use (these “Terms”) govern your access to and use of CheKit, LLC (“CheKit,” “we,” “us,” “our”) website at chekit.com (the “Site”), mobile application (the “App”), and the services provided by CheKit (together with the Site and the App, the “Service”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST PROMPTLY CEASE USING IT.

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described in Section 18 below. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.

1. Your Access to the Service

1.1 Internet Access

When using the Service on your mobile, laptop, desktop, or other device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device

CheKit is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee

Access to the Service may be suspended temporarily and without notice (i) in the event of a system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, CheKit hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decomplication, disassembly, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by CheKit in its sole discretion.

2.3 Eligibility

The Service may not be used by anyone under the age of 18. By accessing or using the Service, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by these Terms.

2.4 Investigations

We may, but are not obligated to, monitor, or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 15 (Termination) below.

2.5 Violation of these Terms

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, other than as permitted by the robots.txt file for the Site; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and CheKit has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Privacy

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. User Accounts and Security

4.1 User Accounts

To use certain features of the Service, you may be required to create an account and provide us with your first name, last name, email address, phone number, and certain other information about yourself and your property. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use the Service.

4.2 Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify us immediately if you become aware of any unauthorized use of your password or your account at info@chekit.com.

4.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may, however, invite other members of your household to join your account and have the same access and permissions as you. Other than provided herein, you may not share your account with, or disclose your password to, anyone else.

4.4 Fees

You agree to pay all fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You

You may delete your account at any time by contacting us at info@chekit.com.    

4.6 Account Deletion by Us

CheKit may terminate your account at any time for any reason or no reason, including if: (a) CheKit determines that you are (i) in breach of or otherwise acting inconsistently with these Terms, or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to CheKit; (b) CheKit determines it is required by law to terminate your account; or (c) CheKit decides to stop providing the Service or critical portions of the Service. When terminating your account, CheKit may delete your account and the information in it. You have no ownership rights to your account.

4.7 Effect of Account Termination or Deletion

If you voluntarily terminate or delete your account, you may request that we reactivate that account at any time by contacting us via email at info@chekit.com. Please note, however, that we may be unable to reactivate your account in certain circumstances. In such cases you may re-register for a new account here. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason.

4.8 Communication by Us

For purposes of responding to you and providing you with information and notices about your account or the Service, you agree that these Terms constitute a written contract and an existing business relationship between you and CheKit, and that we may communicate with you using the contact information associated with your account or your use of the Service. You agree to receive all communications, agreements, and notices that we provide in connection with the Service electronically, including by email, SMS text message, or by posting on the Site and/or App or through the Service. You further agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please review your account settings on the Site and/or App or settings on your mobile Device to control what kind of messages you receive from CheKit. CHEKIT HAS NO LIABILITY ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE CONTACT OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, YOUR FAILURE TO RECEIVE CRITICAL INFORMATION ABOUT THE SERVICE. CheKit may send you messages, including without limitation email and text messages/SMS, relating to your account or your use of the Service. CheKit will not send you messages for marketing purposes without first receiving your prior express consent.

5. Terms of Sale and Payments

5.1 Billing Policies

If you choose, at your sole discretion, to purchase our services, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. CheKit uses authorized third parties for the purpose of processing your transactions, and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) CheKit the right to store and process your information with such third parties. You agree to immediately notify CheKit of any change in your billing address or the Payment Method used for payment hereunder. You agree that CheKit will not be responsible for any failures of such third parties to adequately protect your information.

You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and possible transaction fees. By providing CheKit with your Payment Method, you agree that CheKit (or its third party service providers) is authorized to immediately charge your Payment Method for all fees and charges due and payable to CheKit as a result of your order, including but not limited to initiation fees, Subscription Fees (defined below), transaction fees, overdraft fees, or any other fee or charge associated with your access to the Service and/or purchases.

5.2 Currency

All prices are listed in US dollars and all payments must be made in US dollars. CheKit will not be responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 Service Availability

We cannot guarantee the availability of a particular service at any particular time, and we reserve the right to change and/or cancel our service offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes, if any. All orders, new subscription requests, and opt-ins for fire-retardant spray (collectively, “Service Requests”) are subject to CheKit’s acceptance and availability. In certain circumstances, the Service may become unavailable after a Service Request has been placed, paid for, or accepted (for example, if a tree or other hazard blocks access to your property, or your property falls into a mandatory evacuation zone before we can fulfill the Service). In such a case, we will attempt to notify you that we are unable to fulfill your Service Request, and if payment has been made to activate the Service, a refund will be issued to your Payment Method. The Service is only available to owners of stand alone properties. This may include single family homes, condominiums that do not share walls with neighboring units, or owners of entire commercial properties. 

5.4 Personal Use

All services sold by or received from CheKit are intended to be used for personal purposes only and only for the individual property address associated with your account. You may not sell or resell any services you purchase or otherwise receive from CheKit. CheKit reserves the right, with or without notice, to cancel any Service Request that may result in a violation of these Terms, as determined by CheKit in its sole discretion.

6. Subscriptions

6.1 Subscription

If you enroll in a paid subscription (a “Subscription”), you will be charged the current price of the Subscription plan, a one-time initiation fee, plus any applicable taxes and other charges that will be presented to you at checkout (the “Subscription Fee”) at the beginning of the Subscription and on a monthly or annual basis thereafter depending on your Subscription plan. Subscription prices, fees, or other charges are subject to change with or without notice and may affect your Subscription Fee from one billing cycle to the next.

6.2 Payment Method

To enroll in a Subscription, you may be required to provide a current, valid, accepted Payment Method. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. CheKit uses authorized third parties for the purpose of processing your transactions and credit card authorization. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) CheKit the right to store and process your information with such third parties. You agree that CheKit will not be responsible for any failures of such third parties to adequately protect your information. If a payment is not successfully settled—for example, due to expiration of a credit card, insufficient funds, or otherwise—we may suspend your Subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees. Check with your Payment Method service provider for details.

WHEN YOU ENROLL IN A SUBSCRIPTION PLAN, WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD (AS DESCRIBED BELOW). SUCH NOTICE WILL NOT AFFECT ANY CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT TO TERMINATE YOUR AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD OR THE SUBSCRIPTION.

6.3 Updating Your Payment Method

If you want to use a different Payment Method or if there is a change in your Payment Method validity or expiration date, you may edit your information by accessing your account settings page. We may also update your Payment Method using information provided by Payment Method service providers. Following any update to your Payment Method, you authorize us to continue to charge the applicable Payment Method(s). If your Payment Method reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

6.4 Refunds and Cancellation

Your Subscription will continue in effect unless and until you cancel your Subscription, or we terminate it. You can cancel or make changes to your Subscription at any time by logging into your account. You may also cancel your subscription by contacting us as described in Section 23 (Contact Information). You must cancel your Subscription before it renews each month in order to avoid being charged for the next month’s Subscription Fee.

You may cancel your Subscription at any time, however, there are no refunds for cancellation. If you cancel before the end of your billing cycle, you will have access to your account for the remainder of the current billing cycle. In the event that CheKit suspends or terminates your account or these Terms for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on the current billing cycle, any license or Subscription Fees for any portion of the Subscription service, any content or data associated with your account, or for anything else.

6.5 Special Offers

CheKit may enable special offers for certain eligible groups. If you qualify and subscribe through a special offer, you will be billed the advertised special rate for the advertised period of time and automatically renewed at the regular Subscription Fee after that.

6.6 Changes to the Subscription Plan or Price

We reserve the right to change the Subscription or adjust the Subscription Fees or discounts for the Subscription or any components thereof in any manner at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any Subscription Fee changes will take effect following notice to your provided contact information.

7. Idea Submissions

We welcome feedback from our users and appreciate your comments regarding the Service. However, our policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. This policy is intended to help us, and our customers, avoid future misunderstandings when new products or services developed internally by our employees might be similar or even identical to a customer’s idea.

If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply to your Submission: you acknowledge and agree that (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmission) such Submissions, and the right to transfer or sublicense such rights; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with your Submissions under any circumstances.

8. Intellectual Property Rights

8.1 Trademarks

The CheKit name and logo are trademarks and service marks of CheKit. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

8.2 Ownership

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of CheKit, and are protected by intellectual property laws. Except for your Submitted Content, you acknowledge and agree that CheKit, and/or its licensors, own all right, title, and interest in and to the Service, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge the Service may contain information that CheKit has designated as confidential, and you agree not to disclose such information without CheKit’s prior written consent. Nothing posted on the Service grants a license to any CheKit trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read through accessing the Service is proprietary information or protected by copyright or as a trademark unless otherwise noted and may not be used except with the written permission of CheKit. When accessing the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

9. SMS/MMS Mobile Messaging Program Terms and Conditions

CheKit offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (for purposes of this Section 9, this “Agreement”). By opting-in to or participating in the Service, you accept and agree to these Terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 18 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other provisions of these Terms or the Privacy Policy that may govern the relationship between you and CheKit in other contexts.

9.1 Signing Up and Opting-In to the Program

Enrollment in the Program requires you to provide your mobile number and agree to this Agreement. Before the Program starts, you will need to verify the mobile number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to the Program and your agreement to this Agreement and these Terms. CheKit reserves the right to stop offering the Program at any time with or without notice.

9.2 By opting-in to the Program, you:

• • • • Authorize CheKit to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
      • Acknowledge that you do not have to agree to receive messages as a condition of purchase.
      • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
      • Consent to the use of an electronic record to document your opt-in.

9.3 Messages You May Receive

You may receive Service-related messages and/or promotional messages. Service-related messages may include updates, alerts, and information (e.g., Service Requests updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers. Once you affirm your choice to opt-in to the Program, your message frequency may vary.

Without limiting the scope of the Program, users that opt-in to the Program can expect to receive messages concerning the marketing and sale of products, services and events.

9.4 Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of participating in the Program.

Supported carriers vary and may not be available on all wireless carriers. CheKit may add or remove any wireless carrier from the Program at any time without notice. CheKit and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

9.5 To Stop the Program

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, UNSUBSCRIBE, or QUIT to any mobile message from CheKit in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out. You also understand and agree that any other method of opting-out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting-out.

For service support or assistance, reply HELP for help or email info@chekit.com.

9.6 MMS Disclosure

The Program will send SMS terminating messages if your mobile Device does not support MMS messaging.

9.7 Our Disclaimer of Warranty

The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of CheKit’s control.

9.8 Participant Requirements

You must have a wireless Device of your own, capable of two-way messaging, use a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your Device capabilities for specific text messaging instructions.

9.9 Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying CheKit of such change, you agree that you will be responsible for all costs (including attorneys’ fees and costs) and liabilities incurred by CheKit, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. The foregoing obligation shall survive any cancellation or termination of your participation in the Program. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMELSS FROM AND AGAINST ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

10. Third-Party Sites and Services

The Service may contain third-party integrations to provide you with information or links to allow you to share content directly with other third-party websites ( collectively, “Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

These integrations and links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content, or other material contained in the Third-Party Sites, and we have no association with their operators. Your use of the Third-Party Sites will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with the Third-Party Terms.

11. Third-Party Content

11.1 No Endorsement or Guarantee of Accuracy

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site, App, or Service by third parties, including information providers, are those of the respective authors or distributors and not CheKit. Neither CheKit, its licensors nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, neither CheKit nor its licensors endorse or are responsible for the accuracy and reliability of any opinion, advice or statement made on any part of the Site, App, or Service by anyone other than an authorized CheKit or licensor representative while acting in his/her official capacity.

11.2 Disclaimer

You may be exposed through the Site, App, or Service to content that violates CheKit’s policies, is sexually explicit, or is otherwise offensive. Your access to the Service is at your own risk. CheKit takes no responsibility for your exposure to third party content through the Service. CheKit and its licensors do not assume, and expressly disclaim, any obligation to obtain and include any information other than that provided to it by its third-party sources. CheKit does not advocate the use of any product or procedure described in the Site, App, or through the Service, nor is CheKit responsible for misuse or a product or procedure due to a typographical error.

12. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, members, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as they may reasonably request.

13. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content provided through the Service is accurate, complete, or up to date.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE (OR THE PRODUCTS USED IN PERFORMING THE SERVICE) WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT PROVIDED THROUGH THE SERVICE.

No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

14. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CHEKIT, EVEN IF WE HAVE BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service including, without limitation, content provided through the Service, is to stop using the Service. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Service or any links on the Service, as well as by reason of any information or advice received through or advertised in connection with the Service or any links on the Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Service.

In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for purchases made through the Service in the twelve (12)-months immediately preceding the date when the claim giving rise to liability first arose, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service must be brought within one year after such claim or cause of action arises or be forever barred.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CHEKIT’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE GOVERNING LAW PROVISION SET FORTH BELOW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Service and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms (including your use of the Service), and (z) you acknowledge that we may restrict your access to the Service. Sections 3, 7-9, and 12-21 will survive any termination or expiration of these Terms.

16. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 23 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

17. Governing Law

These Terms and any matter arising out of or relating to these Terms shall be governed by the internal laws of the State of California, without regard to any choice or conflict of laws principles.

18. Dispute Resolution

18.1 User Concerns

Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details in Section 23 (Contact Information) below.

18.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, the remaining portions of the arbitration provisions will remain in force.

18.3 Arbitration Procedures

In the event your concern cannot be resolved informally, you and CheKit agree that, except as provided in Section 18.6 below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 18 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.

Except as otherwise set forth in Section 18.6 below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and CheKit will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and CheKit may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.

18.4 Location

The arbitration will take place in Los Angeles County, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

18.5 Limitations

You and CheKit agree that any arbitration shall be limited to the Claim between CheKit and you individually. YOU AND CHEKIT AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

18.6 Exceptions to Arbitration

You and CheKit agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

18.7 Arbitration Fees

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration for a Claim, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

18.8 Severability

You and CheKit agree that if any portion of this Section is found illegal or unenforceable (except any portion of Section 18.6), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 18.6 is found to be illegal or unenforceable then neither you nor CheKit will elect to arbitrate any Claim falling within that portion of Section 18.6 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within Los Angeles County, California, United States of America, and you and CheKit agree to submit to the personal jurisdiction of that court.

19. Notice for California Residents

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Ste N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 13 (Warranty Disclaimer), Section 14 (Limitation of Liability), and the California governing law provision of Section 17 (Governing Law) above (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

21. Additional Important Terms

21.1 Assignment

The rights granted to you under these Terms may not be assigned without CheKit’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.

21.2 Severability

Except as otherwise provided in Section 18.8, if any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.

21.3 Attorneys’ Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, except as otherwise provided in Section 18.7, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to these Terms.

21.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by CheKit of any provision, condition, or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.

21.5 Equitable Remedies

You acknowledge and agree that CheKit would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

21.6 Entire Agreement

These Terms, your CheKit User Agreement (if applicable), and any other documents referenced in these Terms, constitutes the entire agreement between you and CheKit with respect to the Service and supersedes any and all prior agreements between you and CheKit relating to the Service.

21.7 Transfer

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.

22. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

23. Contact Information

If you have any questions or comments relating to the Service or these Terms, please contact us at info@chekit.com.