Last
updated [September 2,2020]
ARBITRATION
NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND
CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN
THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED
BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR
RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED,
REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.]
AGREEMENT TO TERMS
These Terms and Conditions constitute a
legally binding agreement made between you, whether personally or on behalf of
an entity (“you”) and GetChkd (“we,”
“us” or “our”), concerning your access to and use of the getchkd.com and
gotchkd.com websites as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”).
You agree that by accessing the Site, you
have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are
expressly prohibited from using the Site and you must discontinue use
immediately.
Supplemental terms and conditions or
documents that may be posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms and Conditions at any time and
for any reason and by clicking “I accept” to the revisions, you accept the
modification. Any changes will be
effective only after the effective date of the change and will not affect any
dispute arising prior to the effective date of the change.
We will alert you about any changes by
updating the “Last updated” date of these Terms and Conditions, and you waive
any right to receive specific notice of each such change.
The information provided on the Site is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country.
Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
YOU AGREE THAT GETCHKD, ITS AFFILIATES, LICENSORS, SUPPLIERS AND
BUSINESS PARTNERS ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS AND
PURCHASES RESULTING FROM THE USE OF THE SITE OR THE INFORMATION CONTAINED IN
THE SITE. YOUR USE OF THE SITE IS AT
YOUR SOLE RISK. GETCHKD PROVIDES THE
SITE AND PURCHASES “AS IS” AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES.
The Site is intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to register
for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
foreign jurisdictions, and international conventions.
THE CONTENT AND THE MARKS ARE PROVIDED ON THE SITE “AS IS” FOR YOUR
INFORMATION AND PERSONAL USE ONLY. Except as
expressly provided in these Terms and Conditions, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the
Site, you are granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the
Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree
to comply with these Terms and Conditions;
(4) you are not under the age of 18; and not a minor in the jurisdiction in which
you reside, or if a minor, you have received parental permission to use the
Site;
(5) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal
or unauthorized purpose;
(7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is
untrue, inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the Site
(or any portion thereof).
USER REGISTRATION
You may be required to register with the
Site. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any
purpose other than that for which we make the Site available. The Site may not
be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1.
systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
2.
make any unauthorized
use of the Site, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
3.
use a buying agent or
purchasing agent to make purchases on the Site.
4.
use the Site to
advertise or offer to sell goods and services.
5.
circumvent, disable,
or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
6.
engage in
unauthorized framing of or linking to the Site.
7.
trick, defraud, or
mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords;
8.
make improper use of
our support services or submit false reports of abuse or misconduct.
9.
engage in any
automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
10.
interfere with,
disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
11.
attempt to
impersonate another user or person or use the username of another user.
12.
sell or otherwise
transfer your profile.
13.
use any information
obtained from the Site in order to harass, abuse, or harm another person.
14.
use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
15.
decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
16.
attempt to bypass any
measures of the Site designed to prevent or restrict access to the Site, or any
portion of the Site.
17.
harass, annoy,
intimidate, or threaten any of our employees or agents engaged in providing any
portion of the Site to you.
18.
delete the copyright
or other proprietary rights notice from any Content.
19.
copy or adapt the
Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
20.
upload or transmit
(or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
21.
upload or transmit
(or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”).
22.
except as may be the
result of standard search engine or Internet browser usage, use, launch,
develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
23.
disparage, tarnish,
or otherwise harm, in our opinion, us and/or the Site.
24.
use the Site in a
manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute
to, or participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, "Contributions").
Contributions may be viewable by other users
of the Site and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary and you have no
expectation of privacy in those Contributions. When you create or make
available any Contributions, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions
do not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. you are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by
the Site and these Terms and Conditions.
3. you have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms and Conditions.
4. your Contributions are not false, inaccurate, or misleading.
5. your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. your Contributions do not advocate the violent overthrow of any
government or incite, encourage, or threaten physical harm against another.
9. your Contributions do not violate any applicable law, regulation, or
rule.
10. your Contributions do not violate the privacy or publicity rights of any
third party.
11. your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12. your Contributions do not violate any federal or state law concerning
child pornography, or otherwise intended to protect the health or well-being of
minors;
13. your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14. your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms and Conditions, or any applicable law or
regulation.
Any use of the Site in violation of the
foregoing violates these Terms and Conditions and may result in, among other
things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of
the Site or making Contributions accessible to the Site by linking your account
from the Site to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This license will apply to any form, media,
or technology now known or hereafter developed, and includes our use of your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial
images you provide. To the extent permitted by law, you waive all moral rights
in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site.
You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding
your Contributions.
We have the right, in our sole and absolute
discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave
reviews or ratings. When posting a review, you must comply with the following
criteria:
(1) you should have firsthand experience with
the person/entity being reviewed;
(2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability;
(4) your reviews should not contain
references to illegal activity;
(5) you should not be affiliated with
competitors if posting negative reviews;
(6) you should not make any conclusions as to
the legality of conduct;
(7) you may not post any false or misleading
statements;
(8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners.
WE DO NOT ASSUME LIABILITY FOR ANY REVIEW OR FOR ANY CLAIMS,
LIABILITIES, OR LOSSES RESULTING FROM ANY REVIEW. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully-paid, assignable, and sublicensable right and
license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile
application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic
devices owned or controlled by you, and to access and use the mobile
application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms and
Conditions.
You shall not:
(1) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary
notice (including any notice of copyright or trademark) posted by us or the
licensors of the application;
(5) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
(6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time;
(7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the application;
(8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the application.
SOCIAL MEDIA
As part of the functionality of the Site, you
may link your account with online accounts you have with third-party service
providers (each such account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us
to access your Third-Party Account, as is permitted under the applicable terms
and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account.
By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on
and through the Site via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account.
Depending on the Third-Party Accounts you
choose and subject to the privacy settings that you have set in such
Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Site. You will have the ability
to disable the connection between your account on the Site and your Third-Party
Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE
THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any Social
Network Content.
You can deactivate the connection between the
Site and your Third-Party Account by contacting us using the contact
information below or through your account settings (if applicable). We will
attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile picture that
become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
To the extent permitted by law, you hereby
waive all moral rights to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right in
your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via
the Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party Content
posted on, available through, or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content.
Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms and
Conditions no longer govern.
You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party Websites will
be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party.
You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and you shall
hold us harmless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation,
to:
(1) monitor the Site for violations of these
Terms and Conditions;
(2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms and
Conditions, including without limitation, reporting such user to law
enforcement authorities;
(3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof;
(4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to our systems;
(5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data privacy and security.
Please review our Privacy Policy [CLICK HERE[SG1] ]/posted on the Site]. You agree to be bound by our Privacy
Policy, which is incorporated into these Terms and Conditions. Please be
advised the Site is hosted in the United States.
If you access the Site from the European
Union, Asia, or any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the
Site, you are transferring your data to the United States, and you expressly consent
to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request,
or solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy Protection
Act, if we receive actual knowledge that anyone under the age of 13 has
provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as
is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights
of others. If you believe that any material available on or through the Site
infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a
“Notification”).
A copy of your Notification will be sent to
the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you
are not sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
All Notifications should meet the
requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information:
(1) A physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(2) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the Site
are covered by the Notification, a representative list of such works on the
Site;
(3) identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to
permit us to contact the complaining party, such as an address, telephone
number, and, if available, an email address at which the complaining party may
be contacted;
(5) a statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material
has been removed from the Site as a result of a mistake or misidentification,
you may submit a written counter notification to us/our Designated Copyright
Agent using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under
the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has
been removed or disabled and the location at which the material appeared before
it was removed or disabled;
(2) a statement that you consent to the
jurisdiction of the Federal District Court in which your address is located, or
if your address is outside the United States, for any judicial district in
which we are located;
(3) a statement that you will accept service
of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that
you have a good faith belief that the material in question was removed or
disabled as a result of a mistake or misidentification of the material to be
removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter
Notification meeting the requirements described above, we will restore your
removed or disabled material, unless we first receive notice from the party
filing the Notification informing us that such party has filed a court action
to restrain you from engaging in infringing activity related to the material in
question.
Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or
misidentification, you may be liable for damages, including costs and
attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Manager
GetChkd Inc.
4442 Nashwood Ln
Dallas, TX 75244
info@getchkd.com
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights
of others. If you believe that any material available on or through the Site
infringes upon any copyright you own or control, please immediately notify us
using the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material
addressed in the Notification.
Please be advised that pursuant to federal
law you may be held liable for damages if you make material misrepresentations
in a Notification. Thus, if you are not sure that material located on or linked
to by the Site infringes your copyright, you should consider first contacting
an attorney.
TERM AND TERMINATION
These Terms and Conditions shall remain in full
force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party.
In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time.
We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the
Site.
WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE AT ALL TIMES. We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions, delays, or
errors.
WE RESERVE THE RIGHT TO CHANGE, REVISE, UPDATE, SUSPEND, DISCONTINUE, OR
OTHERWISE MODIFY THE SITE AT ANY TIME OR FOR ANY REASON WITHOUT NOTICE TO YOU.
YOU AGREE THAT WE HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, DAMAGE, OR
INCONVENIENCE CAUSED BY YOUR INABILITY TO ACCESS OR USE THE SITE DURING ANY
DOWNTIME OR DISCONTINUANCE OF THE SITE.
Nothing in these Terms and Conditions will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms and Conditions and your use of
the Site are governed by and construed in accordance with the laws of the State
of Texas applicable to agreements
made and to be entirely performed within the State/Commonwealth of Texas,
without regard to its conflict of law principles.
DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER
: Binding Arbitration
To expedite resolution and control the cost
of any dispute, controversy or claim related to these Terms and Conditions
(each a "Dispute" and collectively, “Disputes”), any Dispute brought
by either you or us (individually, a “Party” and collectively, the “Parties”)
shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Excluding
claims for injunctive or other equitable relief, for claims related to the
Site, including any goods or services purchased through the Site, any dispute
or controversy arising out of or relating to this Agreement, including without
limitation, any and all disputes, claims (whether in tort, contract, statutory
or otherwise) or disagreements concerning the existence, breach,
interpretation, application or termination of this Agreement shall be resolved
by final and binding arbitration pursuant to the Federal Arbitration Act and in
accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures
then in effect, which are available at the JAMS website https://www.jamsadr.com/ .
Your arbitration fees and your share of
arbitrator compensation shall be governed by the JAMS Inc. Comprehensive
Arbitration Rules & Procedures.
The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the
applicable JAMS rules or applicable law, the arbitration will take place in
Dallas County, Texas. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration,
or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in
court rather than arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Dallas County, Texas, and the Parties
hereby consent to, and waive all defenses of lack of, personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state
and federal courts.
Application of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms and
Conditions. In no event shall any Dispute brought by either Party related in
any way to the Site or Services be commenced more than 1 years after the cause
of action arose.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations and
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive
relief.
You may choose to opt out of the agreement to
arbitrate by mailing a written opt-out notice (“Notice”) to us. To opt out, you
must send a letter stating that you “reject this agreement to arbitrate.” You
must include your name, address, phone number, e-mail address, and your
signature. The Notice must be postmarked no later than thirty (30) days after
the date you accept this Agreement for the first time. The Notice must be
mailed to Attn: Opt Out Manager, GetChkd Inc. 4442 Nashwood Ln, Dallas, TX
75244. This procedure is the only mechanism by which you can opt out of the
agreement to arbitrate. Opt out letters sent to any other address, sent by
e-mail, or communicated orally will not be accepted. Opting out of the
agreement to arbitrate has no effect on any other parts of this Agreement, or
any previous or future arbitration agreements that you have entered into with us.
If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that
contains typographical errors, inaccuracies, or omissions that may relate to
the Site, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time,
without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES
LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE 2 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $ 500.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2)
use of the Site; (3) breach of these Terms and Conditions; (4) any breach of
your representations and warranties set forth in these Terms and Conditions;
(5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve 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,
at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you
transmit to the Site for the purpose of managing the Site, as well as data
relating to your use of the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communication be
in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS
OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms and Conditions and any policies
or operating rules posted by us on the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Terms and Conditions shall not operate as a waiver of
such right or provision.
These Terms and Conditions operate to the
fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control.
If any provision or part of a provision of
these Terms and Conditions is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and Conditions and does not affect the validity and enforceability
of any remaining provisions.
There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of
these Terms and Conditions or use of the Site. You agree that these Terms and
Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may
have based on the electronic form of these Terms and Conditions and the lack of
signing by the parties hereto to execute these Terms and Conditions.
CONTACT US
In order to resolve a complaint regarding the
Site or to receive further information regarding use of the Site, please
contact us at:
GetChkd, Inc.
4442 Nashwood Ln,
Dallas, TX 75244
Effective Date: 08/27/2020
Privacy Policy
This Privacy Policy describes the types of personal information you
provide for storage on our platform, how that information is used, with whom it
is shared, and the choices you can make about the use of the information. We
also describe the measures we take to protect the security of the information
and how you can contact us about our privacy practices.
We use blockchain technology, and keep all personal data that you input
into the Getchkd platform off of the blockchain. Please note that whilst we do not hold any
information on the blockchain which in isolation people accessing the Getchkd
platform can identify you from, we do store the randomly generated public key
that is generated when you sign up the Getchkd platform on the blockchain.
When using the Site, you agree that the Getchkd platform may not be able
to fully comply with all requests – e.g. requests of deletion – because of the
limited data that nevertheless remains on-chain (e.g. the public key and the
hash). As described below, we only
include a link (known as a hash) to the relevant data on the blockchain and
once the “off-chain” data is deleted, the link between the hashed data on the
blockchain and the data located off-chain is destroyed.
Please review this Privacy Policy carefully.
TABLE OF CONTENTS
INFORMATION USERS PROVIDE
Individuals are free to visit and use the Site without registering or
providing any personal information, but Site registration is required to log-in
to the Site, to interact with healthcare providers using the Site, and to take
advantage of other services offered by the Site.
Registered Site Users. If you wish to register for the Site, you must
provide certain information about yourself. Such information may include:
first
and last name, date of birth, address, email address, home telephone number, as
well as a user ID and password. You may also provide middle name or
initial, height and weight, health insurance information, mobile telephone
number, and work telephone number, and communications preferences. In
addition, during the registration process and through the use of the Site,
users may provide other health-related information, including information about
their health status, healthcare and treatment [SG5] [SG6] (“Health
Information”). Our users setup an account with this information, but the
information is not accessible by us.
User Generated Content. Some of the Site’s features provide you with the
ability to post content about yourself. Additionally, the Site may enable users
to communicate or interact with each other. If you choose to interact with
another user on the Site, that user may be able to view certain information
about you, including personal information (such as your full name and contact
information). We cannot prevent such information from being used by others in a
manner that may violate this Privacy Policy, the law, or your personal
privacy. As a result, you should never post any information to our Site
or provide information to other users that you are not comfortable sharing publicly
(e.g., personal medical details).
Information Collected Automatically When You Access & Use the Site We
don’t do this with personal information. We may look at aggregated and
anonymized data, but we do not want to access or touch anything that could be
used to identify a specific person or would be considered personal
information.
We use cookies to pass your credentials (Username and password) from our
app to the Hyperledger fabric but do not collect or store these
credentials. “Cookies” A cookie is a data file placed on a device when it is used
to visit the Site or otherwise access our online content. Cookies may be used
for many purposes, including, without limitation, remembering you and your
preferences and tracking your visits to our web pages. If you choose to disable
cookies on your device, some features of the Site or our content may not
function properly.
HOW WE USE THE INFORMATION WE COLLECT
Information is not collected by our site. It is collected by a user and
stored in a user’s account that they control. As a result, we are prohibited
from using any information you provide.
HOW WE SHARE YOUR INFORMATION
If a user wants to share information directly with other parties, they
can. They can also give permission as to what pieces(s) of information they
want to share and how. Our users control their information and with whom it is
shared. We will require certain information to be used for registering on our
platform and to verify and authorize an account; however, we do not have access
to that information. If the rules are met, they are authorized. If not, they
are denied access.
Sale of Information
We have not sold personal information to third parties for a business or
commercial purpose in the preceding 12 months. We do not sell the personal
information of minors under 16 years of age without affirmative authorization.
SECURITY OF INFORMATION
We use administrative, physical, and technical safeguards to protect the
personal information you provide or we collect against accidental, unlawful, or
unauthorized destruction, loss, alteration, access, disclosure, or use.
Despite our efforts, no data security measures can guarantee 100%
security. You should take steps to protect against unauthorized access to
your account by, among other things, signing off after using a shared computer,
choosing a robust password that nobody else knows or can easily guess, and
keeping your user ID and password private. We and our affiliates are not
responsible for any lost, stolen, or compromised passwords or for any activity
on your account via unauthorized password activity.
We and our affiliates are not responsible for the handling, sharing,
re-sharing, and/or distribution of your Health Information. Moreover, if you agree
to share Health Information electronically to another person on or off the
Site, we and our affiliates are not responsible for any harm or other
consequences from third party use or re-sharing of your Health Information.
TRACKING
The Site will not respond to Web browser “do not track” signals. If you would like additional information
about online tracking and various opt-out mechanisms, please see
donottrack.us/ Because we link to social
media sites, other parties may collect your personally identifiable information
about your online activities over time and across different web sites when you
visit this Site.
Because we link to social media sites, and from time to time may include
third-party advertisements, other parties may collect your personally
identifiable information about your online activities over time and across
different web sites when you visit this Site.
Initiative opt-out page. http://www.networkadvertising.org/choices/]
Please note that not all tracking will stop even if you delete cookies.
ABILITY TO MODIFY OR DELETE YOUR INFORMATION
As a registered user, you may modify registration information by logging
into your account and updating your profile information. Copies of information
that you have updated, modified or deleted may remain viewable in cached and
archived pages of the Site for a period of time. You may request to delete any personal
information we possess by sending us an email at info@getchkd.com.
THIRD PARTY WEBSITES
Our Site contains links to other websites and may use services provided
by third parties. These websites and services may operate independently from
us. Linked websites and third-party service providers may have their own privacy
policies or policies, which we strongly suggest you review if you visit any
linked websites or use any third party services. To the extent any linked
websites you visit or third party services are not owned or controlled by us,
we are not responsible for the websites’ or the third party services’ content,
any use of the websites or the third party services, or the privacy practices
of the websites or the third party service providers.
GETCHKD BLOCKCHAIN AND GDPR
Blockchain technology is at the core of GetChkd.com and the Getchkd
platform.
Blockchains are decentralized and made up of digitally recorded data in
a chain of packages called “blocks”. The manner in which these blocks are
linked is chronological, meaning that the data in the blocks is very difficult
to alter once the blocks are added to the blockchain. This “immutability” is
one of the key features and benefits of using blockchain technology. However,
once data is added to the chain, it can’t be changed or removed.
To deal with this challenge, we have taken the important decision to
keep all personal data that you input into the Getchkd platform off of the
blockchain, instead storing the data off-chain using the Hyperledger Fabric
Private Data Collection functionality. We only include a link (known as a hash)
to the relevant data on the blockchain and once the “off-chain” data is
deleted, the link between the hashed data on the blockchain and the data
located off-chain is destroyed. We have done this to help us meet our GDPR/data
protection[SG7] obligations, in
particular the obligation to amend any inaccurate personal data and delete any
personal data (where required).
Please note that whilst we do not hold any information on the blockchain
which in isolation people accessing the Getchkd platform can identify you from,
we do store the randomly generated public key that is generated when you sign
up the Getchkd platform on the blockchain. As mentioned above, we also retain a
hashed copy of the data[SG8] on chain. Because
of how broadly personal data is defined under European data protection law,
this public key and hash may constitute your “Personal Data” and the immutable
nature of the blockchain may affect your rights in respect of this data under
applicable data protection law.”
ADDITIONAL RIGHTS
You have the right to request that we disclose to you what information we
store, use, and disclose. You also have
the right to request that a business delete any personal information about you
which the business has collected about you.
To submit either of the above requests, you may call us toll-free at 833-405-3335. You may also submit via email at info@getchkd.com.
Please note for your protection, any request sent to us to delete your
personal information will be subject to the following verification procedure:
Contact us in writing to:
Attn: Data Privacy Manager
GetChkd, Inc
4442 Nashwood Ln
Dallas, TX 75244
Please include your phone number and email
which we will respond with full instructions and
support for deleting your information.
When using the Site, you agree
that the Getchkd platform may not be able to fully comply with all requests –
e.g. requests of deletion – because of the limited data that nevertheless
remains on-chain (e.g. the public key and the hash). As described below, we only include a link
(known as a hash) to the relevant data on the blockchain and once the
“off-chain” data is deleted, the link between the hashed data on the blockchain
and the data located off-chain is destroyed.
We will not sell personal information, as we do not have access to it.
We shall not discriminate against you for exercising any of your above
rights.
You may designate an authorized agent to make a request to exercise your
rights on your behalf. For your
protection, we reserve the right to deny any request from an agent who does not
submit proof that they have been authorized to act on your behalf.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM A CLAIM OF
BREACH OF THIS PRIVACY POLICY. Some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages. In such jurisdictions, our liability is
limited to the greatest extent permitted by law, or $5[SG11] , whichever is less.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is current as of the Effective Date set forth above.
We may change this Privacy Policy from time to time, and without prior notice
to you, so please be sure to check back periodically. We will post any changes
to this Privacy Policy on this page. If we make any changes to this Privacy
Policy that materially affect our practices with regard to the personal
information we have previously collected from you, we will endeavor to provide
you with notice in advance of such change, such as by highlighting the change
on our Site, or emailing the email address of record for your account. Any
changes will be effective only after the effective date of the change and will
not affect any dispute arising prior to the effective date of the change.
CONTACT US
We encourage you to contact us if you have any questions or concerns regarding
the privacy aspects of our Site or would like to make a complaint. You may
write to us at info@getchkd.com.
[SG1]Delete
or make it work when we post
[SG3]We
need to make sure this address is working with both of us having access to it
when we post this file.
[SG4]Is
this supposed to be a link? If not, why is it highlighted?
[SG6]Do
we want to keep this highlighted?
[SG7]Same
on highlighting
[SG8]And
again…
[SG10]We
need to make sure this address is working with both of us having access to it
when we post this file.
[SG11]Can
it be this low?