Terms of Service - CheckThem.com

Last Modified: March 16, 2016

IMPORTANT - PLEASE READ THESE TERMS OF USE AND TERMS AND CONDITIONS OF SALE (INCLUDING THE SALES AND REFUND POLICIES BELOW) BEFORE ACCESSING, USING, OR MAKING A PURCHASE OF SERVICES AND PRODUCTS ON WWW.CHECKTHEM.COM (“SITE”). THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY, AND A REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR MAKING A PURCHASE THROUGH THIS SITE.

These terms of use are entered into by and between you, the person or entity agreeing to the terms contained in this document (“I”, “You”, “Your” or “Customer”) and Check Them, Inc., doing business as (DBA) CHECK THEM ("Company", "We", “Our” or "Us"). The following terms and conditions, as amended, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document, together with any documents they expressly incorporate by reference (collectively, these “Terms”, "Terms of Use" or this “Agreement”), govern your access to and use of WWW.CHECKTHEM.COM, including any content, functionality and services offered on or through WWW.CHECKTHEM.COM, and any and all of its sub-pages (the "Site"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By submitting and “signing” (including an electronic or digital signature, such as clicking an “I accept” button, in a manner that complies with applicable law, which may include electronic signature or click-through accept) the Terms Of Use, you agree that you have (a) fully read the Agreement in its entirety; (b) understand all of the terms and conditions of the Agreement; (c) honestly and fully answered all questions asked of CHECK THEM; and (d) agree to be fully bound by the Agreement. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. CHECKTHEM is willing to license or allow the use of the Site and the related Information and Materials to you only on the condition that you accept and agree to all of the terms contained herein, and by accepting these terms through the completion of a purchase, selection of a method of payment, and your entry of payment information, you hereby authorize CHECKTHEM to charge the selected payment method and its associated payment account that you have specified for the purchase of one of CHECKTHEM’s Membership Plans. If you do not meet all of these requirements, you must not access or use the Site.

This Site is owned and operated by or on behalf of Check Them, Inc. (“Company” “We” “Our” or “Check Them”) with offices located at 861 Sixth Avenue, Suite 310, San Diego, CA 92101. Your access and use of this Site is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. Please read these terms of use carefully.

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, accepted and agreed to these Terms of Use without limitation or qualification. If you do not agree to all of these terms of use do not access, browse, or use this Site or the content or services hereon.

CHECK THEM, INC. DOES NOT PROVIDE CONSUMER REPORTS AND IS NOT A CONSUMER REPORTING AGENCY. YOU MAY NOT USE OUR SERVICE OR THE INFORMATION IT PROVIDES TO MAKE DECISIONS ABOUT CONSUMER CREDIT, EMPLOYERS, INSURANCE, TENANT SCREENING, OR ANY OTHER PURPOSES THAT WOULD REQUIRE FCRA COMPLIANCE.

THIS SITE CONTAINS REAL PUBLIC RECORDS (COURT RECORDS OF DRIVING CITATIONS, SPEEDING TICKETS, FELONIES, MISDEMEANORS, SEXUAL OFFENSES, MUGSHOTS, ETC.), BACKGROUND REPORTS, COURT DOCUMENTS, ADDRESS INFORMATION, PHONE NUMBERS, AND MUCH MORE. PLEASE BE CAREFUL WHEN CONDUCTING A SEARCH AND ENSURE ALL THE INFORMATION YOU ENTER IS ACCURATE.

Certain portions of the Site may be subject to additional terms and conditions specified by Company from time to time; your use of the Site is subject to those additional terms and conditions, which are incorporated into these terms of use by this reference.

I. PRIVACY POLICY

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy (the “Privacy Policy”). Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes Your assent to our Privacy Policy.

II. REGISTRATION AND ELIGIBILITY

Company may allow users to establish an account to access various features of this Site, such as registration for database searches and use of its message boards, discussion boards, and other public forums. If You register, use, or browse these areas of the Site, You agree to provide Company with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your account. Failure to provide accurate, truthful, complete, and updated registration information may also lead to Your termination from features of this Site.

You must be 18 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to register for any function, service, or portion of this Site which requires such registration. This Site is not intended or designed to attract children under the age of 13. If You are under the age of 13, You may not use the Site. If You are a minor age between the ages of 13 and 18 (or the applicable minor or legal age in your jurisdiction), You can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Use. If You are a parent or legal guardian agreeing to these Terms of Use for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

Registration for this website requires a credit card payment. We offer a variety of service levels and packages for potential customers.
Please be advised that if you register for a 5 day trial account you may cancel your account at anytime in the members area dashboard, by email, or by telephone within 5 days to avoid being charged. If your account is not canceled within the trial period you will be charged the monthly service amount of $44.85 per month for unlimited searches, until canceled. We may or may not offer discounts and promotions which can reduce your monthly billing amount.

III. Passwords

When You are required to open an account to use or access this Site or any of its features or services of the Site, You will also be asked to provide a user name and password. You agree that we may store and use any registration data, including Your user name and password that You provide for use in maintaining Your account. You are entirely responsible for maintaining the confidentiality and security of Your password and account. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of Your account, user name, or password (collectively, a "User ID"). Company shall not be liable for any loss that You incur as a result of someone else using Your User ID or password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its subsidiaries, entities owned, related to or controlled by Company, officers, directors, employees, consultants, staff, agents, and representatives due to someone else's use of Your account or password. Company reserves the right to refuse registration of, or cancel a User ID, in its sole discretion. You may not sell or transfer your User ID, password, account, or otherwise allow any third party to use Your account for any purpose.

IV. Links to and from this Site

Unless otherwise notified by Company, You are free to link to this Site so long as You make it clear that (a) the linked content belongs to Company; (b) such content is not Your own; and (c) the originating website makes no claim of owning, being related to or owned or controlled by, being under common control with, or sanctioned by, approved by, or endorsed by, Company.

This Site may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Such third party sites and third party content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Company, and We are not responsible for any third party sites accessed through this Site or any third party content posted on or available through this Site, including the content, accuracy, advice, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party content. Inclusion of, linking to or permitting the use of any third party site or any third party content does not imply approval or endorsement thereof by Company.

V. Reporting Violations of Your Copyright or other Intellectual Property Rights

We will respond to notices of alleged copyright or other intellectual property infringement that comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. In addition, You agree that, in the event we receive a written demand from a third party alleging that any User Content infringes upon, dilutes, tarnishes or otherwise violates its trademark or trade secret rights, we may in our sole discretion, remove or disable access to such User Content.

If You are a copyright owner, or an agent thereof, and believe that any of the content on this Site infringes upon Your copyrights or other intellectual property right, pursuant to the DMCA, You may submit a notification by providing our Copyright Agent (contact information below) with the following information:

  • A physical or electronic signature of the copyright, or other intellectual property right, owner (or someone authorized to act on behalf of the owner);
  • Identification of the protected work and intellectual property right (i.e., copyright or trademark) claimed to have been infringed, or, if multiple protected works are covered by a single notification, a representative list of such works;
  • Identification and location 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 Company to locate the material;
  • Information reasonably sufficient to permit Company to contact You, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
  • A statement by You, made under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the intellectual property right owner of the right that is allegedly infringed.

You acknowledge that if You fail to comply with the procedures provided in this subsection for reporting a claimed copyright infringement, Your notice may not be valid under the DMCA. See 17 U.S.C. 512(c)(3) for further details.

With respect to content that was taken down due to a copyright infringement claim, if You believe that Your content that was removed (or access was disabled to) is not copyright infringing, or that You have authorization from the rightful copyright owner, the copyright owner's agent, or pursuant to law, to post and use the allegedly infringing material in Your posted content, You may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification or description of the material that has been removed or to which access has been disabled and the original location where the material appeared before it was removed or disabled;
  • A statement by You, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material removed or disabled; and
  • Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the U.S. District Court for the Western District of Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the material provider, member or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion. See 17 U.S.C. 512(g)(3) for further details.

Our designated Copyright Agent (the "Copyright Agent") will receive notifications of claimed infringement and counter-notices at 7850 Ivanhoe Ave, La Jolla, CA 92037 or via email at copyright@checkthem.com. This e-mail address is intended solely for the receipt of legal "Notifications of Claimed Infringement" under the DMCA. In an effort to protect the rights of intellectual property owners, we maintain a policy for the termination, in appropriate circumstances, of user accounts of this Site who repeatedly infringe the copyright and other intellectual property rights of others.

VI. Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features [INSERT AS LINK TO LINKING TO THE SITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this Site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.
  • Attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any CHECKTHEM server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means.
  • Probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  • Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CHECKTHEM’s systems or networks or any systems or networks connected to the Site.
  • Use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site.
  • Forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to CHECKTHEM on or through the Site.
  • Use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms of Use.
  • Use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact CHECKTHEM.
  • Share your username and/or password. CHECKTHEM’s Products are intended for use by you only and may not be delivered to, or filed with, third parties.

You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: support@checkthem.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

VII. Trademarks

The Company name, the terms and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, trade names, trade dress, service marks, taglines, or logos owned or licensed by Company or by any third party.

VIII. Copyright and Content

The contents of this Site are protected by copyright under United States and foreign laws. Title to the content of this Site remains with Company or its licensors. Any use of such content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Company. All rights not expressly granted herein are reserved to Company and its licensors.

IV. Alleged Violations (Termination)

Company reserves the right to suspend or terminate your use of this Site. To ensure that Company provides a high quality experience for you and other users of this Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to suspend or terminate your account or your access to this Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with the use of this Site by others.

X. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.
  • To physically or emotionally injure or harm any person or entity (e.g. stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity).
  • To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual.
  • To use CHECKTHEM Products or information derived from CHECKTHEM Products in combination with any purpose or Personal Information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act (COPPA), and/or all similar laws on the state level.
  • To obtain Personal Information pertaining to famous people, government officials, or election candidates.
  • In connection with credit repair or credit counseling services.
  • For marketing purposes or for commercial credit origination.
  • To use or otherwise export or re-export Content in violation of the export control laws and regulations of the United States of America.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.
  • Attempt to use or access CHECKTHEM’s Products that utilize or involve TRADS Services, in whole or in part, from outside the United States.

You understand that CHECKTHEM’s Products contain sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information and Content. You further agree that you are solely responsible for complying with all applicable laws.

XI. User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site. CHECKTHEM may audit your use of CHECKTHEM Products. You agree to cooperate and to provide CHECKTHEM all documentation reasonably requested relating to your account.

XII. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy WWW.CHECKTHEM.COM/PRIVACY.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You will not use CHECKTHEM’s Products for the purposes prohibited in this Agreement. Any misuse of CHECKTHEM’s Products will be the basis for immediate suspension of services, termination of your account or membership, and/or legal action.

XIII. Fair Credit Reporting Act (FCRA) Notice

CHECKTHEM IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.

You may not use any information obtained from CHECKTHEM in connection with its Services to determine a prospective candidate's suitability for:

  • Health insurance or any other insurance,
  • Credit and/or loans,
  • Employment,
  • Education, scholarships or fellowships,
  • Housing or other accommodations, or
  • Benefits, privileges or services provided by any business establishment.

The information provided by CHECKTHEM in connection with its Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency or (e) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account. You also agree that you shall not use any of the information you receive in connection with CHECKTHEM’s Services to take any "adverse action," as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms.

XIV. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

XV. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, or services or information formed through the Site or as a result of visits made by you are governed by our Terms of Sale (checkout.php), which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

XVI. Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

XVII. Disclaimer of Warranties

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SUBJECT TO ANY APPLICABLE LAWS WHICH PROHIBIT THE FOLLOWING LIMITATIONS AND EXCLUSIONS, THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS "NO WARRANTIES" SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, INCLUDING (AS APPLICABLE IN YOUR JURISDICTION), WARRANTIES OF TITLE, POSSESSION, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH A DESCRIPTION OR SAMPLE OF THE APPLICABLE GOODS, AND THAT SERVICES WILL BE CARRIED OUT AT A REASONABLE PRICE, USING REASONABLE SKILL AND WITHIN A REASONABLE TIME. IN SUCH STATES OR JURISDICTIONS THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS "NO WARRANTIES" SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF COMPANY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING THE LIABILITY OF THE COMPANY PARTIES TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THIS LIMITATION IS INDEPENDENT OF ANY OTHER LIMITATION SET FORTH IN THESE TERMS OF USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XVIII. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE TERMS IN THE AGREEMENT RELATING TO DISCLAIMER OF WARRANTIES, ACCESS AND USE OF CHECKTHEM PRODUCTS, AUDIT, LIMITATION OF LIABILITY, INDEMNIFICATION, USER’S RELEASE OF CLAIMS, AND PAYMENT FOR CHECKTHEM PRODUCTS SHALL SURVIVE ANY TERMINATION OF THE END USER AGREEMENT.

YOU AGREE THAT ANY BREACH BY YOU OF ITS AGREEMENTS WITH CHECKTHEM WOULD CAUSE CHECKTHEM AND THE INDEMNIFIED PARTIES IRREPARABLE HARM AND THAT, IN ADDITION TO MONEY DAMAGES, CHECKTHEM AND THE INDEMNIFIED PARTIES SHALL BE ENTITLED TO INJUNCTIVE RELIEF, WITHOUT HAVING TO POST A BOND.

IN THE EVENT ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY COMPANY PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THIS SITE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE FEES, IF ANY, PAID BY YOU FOR USE OF THIS SITE.

XIX. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

The provisions of this Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of CHECKTHEM and the Indemnified Parties. Each of CHECKTHEM and the Indemnified Parties shall have the right to assert and enforce those provisions directly against the End User on their or its own respective behalf.

XX. Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising from or related to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Austin and County of Travis County although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

“You hereby irrevocably submit to the jurisdiction of the designated courts herein, and further irrevocably waive any objection which they may now or hereafter have to the laying of venue for any proceeding brought in a designated court or any defense of inconvenient forum for the maintenance of such dispute. Both You and CheckThem agree to waive trial by jury for all claims arising pursuant to this agreement.”

XXI. Arbitration and Class Action Waiver.

a) EXCEPT WHERE PROHIBITED BY LAW, YOU AND CHECKTHEM UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CHECKTHEM, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILIATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY CHECKTHEM ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF OUR MEMBERSHIP PLANS, THE INFORMATION PROVIDED IN CONNECTION WITH OUR MEMBERSHIP PLANS, AND YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A NEVADA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:

i) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.

ii) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by SAN DIEGO MEDIATION AND ARBITRATION, and shall be conducted using the then current SAN DIEGO MEDIATION AND ARBITRATION commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in San Diego, CA, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

iii) Payment of all filing, administration, and arbitrator fees will be governed by SAN DIEGO MEDIATION AND ARBITRATION rules.

iv) If for any reason SAN DIEGO MEDIATION AND ARBITRATION is unavailable, the parties shall mutually select another arbitration forum.

BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award.

Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST CHECKTHEM, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, SERVICES, OR MEMBERSHIP PLANS.

XXII. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XXIII. Entire Agreement

The Terms of Use and, our Privacy Policy, Terms of Sale constitute the sole and entire agreement between you and Check Them, Inc., doing business as (DBA) CHECKTHEM with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

XXIV. Acceptance of the Terms of Use

By submitting and “signing” (including an electronic or digital signature, such as clicking an “I accept” button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) the End User Agreement, the End User agrees that he or she has: (a) fully read the End User Agreement in its entirety; (b) understands all of the terms and conditions of the End User Agreement; (c) honestly and fully answered all questions asked of CHECKTHEM; and (d) agrees to be fully bound by the End User Agreement. Neither this Agreement nor the license granted to you may be assigned, transferred, or sublicensed by you, in whole or in part.

Your Comments and Concerns

This Site is operated by Check Them, Inc., doing business as (DBA) CHECKTHEM 861 Sixth Avenue, Suite 310, San Diego, CA 92101.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: support@checkthem.com.