Checkmate Savings Terms & Conditions

Last updated October 22, 2024

Your use of the Checkmate Savings, Inc. ("Checkmate") website and Service (both as defined below) is subject to binding arbitration of any disputes which may arise, as provided in the Dispute Resolution section of these Terms of Use. Please read the arbitration provisions carefully and do not use our website or our Services if you are unwilling to arbitrate any disputes you may have with us (including without limitation any disputes relating to these Terms of Use, our privacy policy, and any additional terms related to an individual product or service) as provided herein.

AGREEMENT TO TERMS

By using (and in return for us providing) the Service, you agree to be bound by this agreement, whether you are a "Visitor" (which means that you simply browse our websites or use our software without registering) or you are a "Member" (which means that you have registered to create an account with Checkmate). You agree that use of your account or any feature of the Services including the Checkmate Cash rewards program indicates your acceptance of the terms of this agreement and these Terms of use. The term "you" or "User" refers to a Visitor, a Member, or a Customer. The term "we", "our" "Company", "us", or "our" refers to Checkmate or the "Site", which also includes our mobile application. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Checkmate. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, APP OR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You must be an individual and at least 18 years old, or the age of majority in your state, province, or country of residence as long as that age if 18 or above, to use the Service. You may not use the Service or accept this Agreement if you are not of a legal age and able and competent to form a binding contract with Checkmate Savings Inc.

For business users, these Terms and Conditions, together with any applicable Insertion Orders and materials referenced herein (collectively, this "Agreement"), describe the terms and conditions under which you ("Customer") may access and use the Services (defined below) of Checkmate ("Checkmate"). BY ACCEPTING THIS AGREEMENT THROUGH AN ORDER FORM THAT INCORPORATES THIS AGREEMENT, OR USING CHECKMATE'S SERVICES, CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF CUSTOMER IS ENTERING INTO THIS AGREEMENT ON BEHALF OF OTHER COMPANIES OR ENTITIES (FOR INSTANCE, AS AN AGENCY OR AUTHORIZED RESELLER), THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE AUTHORITY TO BIND SUCH COMPANIES AND ENTITIES TO THIS AGREEMENT. REFER TO "BUSINESS SERVICES REPRESENTATIONS AND WARRANTIES" BELOW FOR ADDITIONAL BUSINESS USER TERMS.

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 of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

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.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

DESCRIPTION OF THE SERVICE

Our services (collectively, the "Service") are delivered through our comprehensive technology platform, including a Chrome extension, a mobile app, proprietary pixel tag placement and a Shopify app integration, in order to make it easy for people to get more savings and enjoyment out of online shopping. As part of the Service, we provide you with a suite of tools that allows Users to locate and obtain deals, gift card amounts, Online Coupons, exclusive offers, pricing information, product, and other information to help make informed purchase decisions at attractive prices. We also allow you to make purchases from merchants and gift card sites while you are using the Checkmate browser extension. The Service is provided to you by Checkmate as a free service. We work on your behalf with the aim of locating the best publicly available offers and negotiating exclusive offers that are better than any publicly available deal. We make money to sustain the service when you purchase or engage with these offers.

We also offer additional services (the "Checkmate Offerings") that include:

Package tracking – Checkmate pulls package tracking codes from emails and provides real-time status updates to Users
Digital wallet – Checkmate stores gift cards and partners with brands to load in additional vouchers (codes and gift cards) to provide to Users
Collections – With Collections, you can save items from several different stores into a universal shopping cart so you can come back to the item later when you like
A Reward Program- Checkmate offers Checkmate Cash, an internal currency that Users receive in exchange for referring other Users during designated promotional windows. Checkmate Cash can only be traded for gift cards redeemable on our platform. Other terms and conditions apply, as set forth below in the "CHECKMATE CASH AND REWARDS PROGRAM" section and elsewhere in these Terms of Use.

You represent that you have the right to share all information that you provide to Checkmate in the course of receiving the Services or Checkmate Offers. You agree to allow Checkmate to read the headings and messages in your email account to find hidden coupons, to track your packages in order to provide you status updates, and to take any other reasonable actions to provide the Services and Checkmate Offerings to you.

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, international copyright laws, 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 of Use, 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.

For business users, you own or control all rights in and to Customer Content. Checkmate will not use Customer Content for any purpose other than to: (a) provide Services to Customer as provided in this Agreement and (b) use, publish, display and distribute de-identified, aggregated, non-personally identifiable information derived from such content and data for purposes of improving Checkmate's Services, benchmarking and reporting.

During the Term, Customer grants Checkmate a limited right to use Customer's trademarks, logos, and names, in the form and manner approved by Customer, on Checkmate's websites, sales presentations, and other marketing materials, solely to identify Customer as a customer of Checkmate.

INDIVIDUAL USER REPRESENTATIONS

By using the Site, you represent and warrant that:

all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms of Use;
you are not a minor in the jurisdiction in which you reside;
you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
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).

INDIVIDUAL REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the confidentiality of your Login ID email address password, which allows you to access the Service. 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. By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser. We may also use your email address to contact you about our own and third-parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile and /or click "Unsubscribe" in any e-mail communications we send you. If you become aware of any unauthorized use of your Registration Information or account, you agree to notify Checkmate immediately.

MOBILE APPLICATION ("APP")

Subject to the terms of these Terms of Use, Checkmate grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof. Checkmate and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

You may make purchases on the site using Checkmate Cash, through the redemption of gift cards pursuant to the Checkmate Cash rewards program terms and conditions. We may accept the following forms of payment in the future:

Visa
Mastercard
American Express
Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Currently users are limited to purchases of $100 Checkmate Cash per transaction and per day and $500 Checkmate Cash per user in a year. Other terms and conditions apply, as set forth below in the "CHECKMATE CASH AND REWARDS PROGRAM" section of these Terms of Use.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN / REFUNDS POLICY

All sales are final and no refund will be issued.

YOUR USE OF THE SERVICE

Your right to access and use the Service is not transferable by you to any other person or entity. You are only entitled to access and use our Site for lawful, personal and non-commercial purposes, and Services in accordance with this Agreement. Subject to your compliance with this Agreement, Checkmate hereby grants to you, worldwide, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to (i) use the Site and mobile app software and content provided to you as part of the Services (for personal, non-commercial purposes); and (ii) download a single copy of our software for such use.

Accurate records enable Checkmate to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Checkmate. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.

You agree that Checkmate may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy policy). As is further detailed in our privacy policy, Checkmate collects information about the websites that you visit in order to create a better user experience for you and other Checkmate users. Examples of this type of information include information about the products your browser visits, including the current product prices and other product details. Please consult our privacy policy for further information.

You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Checkmate)
Violates any law or regulation or this Agreement
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
Jeopardizes the security of your Checkmate account or anyone else's (such as allowing someone else to log in to the Services as you)
Attempts, in any manner, to obtain the password, account, or other security information from any other User
Violates the security of any computer network, or cracks any passwords or security encryption codes
Runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure)
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means)
Copies or stores any significant portion of the Content
Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services
Circumvents, removes, alters, deactivates, degrades or thwarts any technological measure or content protections of the Service
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
Delete the copyright or other proprietary rights notice from any Content
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
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
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")
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
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use a buying agent or purchasing agent to make purchases on the Site, including through Checkmate Cash

If you violate or infringe any of the rules above, we may immediately suspend or terminate your right to use or access the Services.

ELECTRONIC NOTIFICATIONS

Checkmate may from time to time provide automatic notifications and voluntary account-related notifications, as further explained below and subject always to our privacy policy. Our basic operating point of view is to do everything we possibly can to avoid annoying you so wherever possible we will minimize unnecessary notifications and provide configuration switches to limit unwanted communications.

Automatic notifications may be sent to you following certain changes made online to your Checkmate account, such as a change in your Registration Information. Voluntary account notifications may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Checkmate may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your notifications service.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Service. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your notifications. Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Checkmate login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. At any time you may disable certain notifications, although we may still send you Service-related notices as needed to allow us to provide you the Service. As part of the Checkmate account, to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, emails or other types of messages directly sent to you ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Checkmate account.

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. 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.

USER GENERATED CONTRIBUTIONS

The Site 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, including in your wishlists (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. When you create or make available any Contributions, you thereby represent and warrant that:

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.
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 of Use.
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 of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
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.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Checkmate Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Checkmate Offerings.

INTELLECTUAL PROPERTY AND COMPETITOR USE

1. Definitions

1.1. "Competitor" shall mean any individual, entity, or organization that develops, markets, or sells products or services that are similar to, or compete with, the products or services offered by Checkmate.
1.2. "Work Product" shall mean any products, services, software, documentation, data, inventions, or any other material or intellectual property created, developed, derived, or modified by a Competitor, which is based in whole or in part on the use of Checkmate's products, services, or proprietary information.

2. Prohibited Use by Competitors

2.1. Competitors are strictly prohibited from creating an account, accessing, using, or otherwise engaging with Checkmate's products and services for any purpose, including but not limited to, evaluating, researching, or copying Checkmate's products, services, features, or functionalities.

3. Assignment of Intellectual Property

3.1. By accessing or using Checkmate's products or services, Competitors hereby agree to assign and transfer to Checkmate all rights, title, and interest in and to any Work Product that is created, developed, derived, or modified as a result of such access or use.

3.2. Competitors acknowledge and agree that such assignment and transfer shall be effective immediately upon the creation, development, derivation, or modification of any Work Product, without any further action required by either party.

4. Data Ownership

4.1. Competitors further agree that any data, including but not limited to, user data, usage data, or analytical data, derived from or related to the use of Checkmate's products or services, shall be the sole and exclusive property of Checkmate.

4.2. Competitors hereby grant Checkmate a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such data for any purpose, including but not limited to, improving Checkmate's products and services.

5. Unauthorized Access Fee

5.1. In the event that any Competitor, without obtaining a valid license, accesses, utilizes, or otherwise engages with Checkmate's servers or any component of its technology stack for the operation of their own business activities, such Competitor agrees to incur a fee of $50,000 per day for each day of unauthorized access or use. This fee shall be invoiced to the Competitor and shall be payable immediately upon receipt of the invoice.

6. Enforcement and Remedies

6.1. Checkmate reserves the right to take any and all necessary actions, including but not limited to, legal proceedings, to enforce the provisions of this clause.

6.2. In the event of a breach of this clause by a Competitor, Checkmate shall be entitled to all available remedies at law or in equity, including but not limited to, injunctive relief, damages, and the recovery of any profits gained by the Competitor as a result of such breach.

7. Severability

7.1. If any provision of this clause is found to be unenforceable or invalid under any applicable law, such provision shall be severed from this clause, and the remaining provisions shall continue in full force and effect.

8. Governing Law

8.1. This clause shall be governed by and construed in accordance with the laws of the jurisdiction in which Checkmate is headquartered, without regard to its conflict of law principles.

9. Amendments

9.1. Checkmate reserves the right to amend this clause at any time and without prior notice. Any such amendments will be effective immediately upon being posted on Checkmate's website or otherwise communicated to users.

SOCIAL MEDIA; THIRD PARTY ACCOUNTS

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers, including external email services and online vendors (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 (including through our Chrome extension and mobile application).

You represent and warrant that any account information that you share with us is yours, 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 "Third-Party Account Content") so that it is available on and through the Site via your account, including without limitation any social media 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, including without limitation coupon codes.

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 Third Party Account 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 Third Party Account Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Third Party Account Content.

You acknowledge and agree that we may access contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. 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, if any, that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Checkmate Offerings ("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. 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 or the Checkmate Offerings) 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 or to make purchases on any Third-Party Website, you do so at your own risk, and you should be aware these Terms of Use 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.

CHECKMATE CASH AND REWARDS PROGRAM

Checkmate Cash is not money, has no cash value, and may only be redeemed for gift cards that we offer through the Checkmate Cash program on our Site. On occasion, we may run promotions providing Checkmate Cash in exchange for user referrals for a limited time. The length, timing, and frequency of promotional periods will be at our sole discretion. For example, a promotion may last for a 24-hour period, or until a certain number of users have earned Checkmate Cash, or until a certain amount of Checkmate Cash has been earned, after which time the promotional period will end and you will no longer be able to earn Checkmate Cash.

We may limit, suspend or terminate your ability to participate in the Checkmate Cash referral rewards program in our sole and absolute discretion, and may void any points, Checkmate Cash rewards, or potential rewards you may have earned or accumulated, if we determine in our sole discretion that you have not complied with these Terms or any additional terms applicable to such participation or for any or no reason at all. You agree to abide by the final and binding decisions of Checkmate regarding any rewards program and your participation in it.

User referral rewards will only be paid out if the users referred can be verified to be valid, real bona fide human beings. User referral payouts are processed by hand and may take some time to be processed including identity verification. This is for tax and fraud prevention purposes and to abide by United States law. The maximum amount any user can redeem from referrals is currently $500 USD of Checkmate Cash in that person's calendar year. Any user thought to be inviting illegitimate accounts or treating the referrals system in any malicious or fraudulent way will be removed from the servers immediately.

We reserve the right to change, suspend, or cancel all or a portion of a rewards program, including any points you may have accrued, at any time without prior notice to you. We may temporarily prohibit you from earning Checkmate Cash, using Checkmate Cash you've already earned, or using any features of the rewards program. We may supplement the rewards program with additional terms, conditions, disclosures, and agreements that will be considered part of Terms of Use and rewards program.

Future availability of Checkmate Cash, potential rewards or gift cards, or the Checkmate Cash rewards program is not guaranteed. Currently users are limited to redemptions of $100 Checkmate Cash per transaction and per day. You are also currently only allowed to earn up to $500 Checkmate Cash in a calendar year. We reserve the right to change these terms at any time without prior notice to you. You may only open and redeem Checkmate Cash from one account, and opening multiple accounts or engaging in any other behavior that we deem to be suspicious, fraudulent or against these Terms of Use will be grounds for your expulsion from the Checkmate Cash rewards program and termination of your ability to use the Services.

Each Checkmate user account must be a unique human for the purposes of the referral program. In order to seek credit for the referral of another user during a promotional window, that human must be a uniquely distinguishable human by ordinary scientific metrics and standards, possessing a heartbeat. Artificial intelligence or any kind of robotic life does not count as a distinguishable unique human.

If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC's Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at the FTC website).

You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, rewards, prizes, or credits you earned or redeemed in any rewards program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Site and Checkmate Offerings or our Services, including liability arising from your accrual of Checkmate Cash points or your redemption of such points for gift cards or other value. You agree to indemnify and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any such tax-related claims or responsibilities, and any penalties, interest and reasonable expenses arising therefrom or with respect thereto, whether or not such taxes were correctly or legally imposed or asserted by the relevant governmental authority.

As a condition of your continued use of the Site and Checkmate Offerings and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the Site and Checkmate Offerings and our Services, and any associated points, rewards, prizes, or credits earned or redeemed.

AMBASSADORS

Certain Checkmate users can apply to become a part of our Ambassador program. This is a formalized program where users are eligible to receive rewards for referring users outside of promotional windows reserved for regular users. Checkmate reserves the right to terminate this program, or terminate the eligibility of any of the users of this program at any time. The reward details of this program are subject to change at any time. Reward amounts may be different for some users based on their eligibility. Each user will be told at the time, the amount of the rewards, and the eligibility requirements. Participation in this program does not designate the user an employee or contractor of Checkmate and infers no rights upon the user.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

CHECKMATE OFFERS AND THIRD-PARTY LINKS

Some parts of the Service are supported by sponsored links from third-party advertisers and the display of "Checkmate Offers," which are product offers sponsored by third-parties that may be (subject to and in accordance with our privacy policy) custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners ("Affiliate Links").

If you click on a sponsored advertiser link, Checkmate Offer or Affiliate Link, you will be redirected to the site, of the third-party which offers the products (or a specific portion of the Services dedicated for the partner's offerings, from which the third-party's website will be accessible), and (subject to and in accordance with our privacy policy) your session may be tracked using cookies.

In connection with Checkmate Offers, the Service will provide links to other websites belonging to Checkmate advertisers and other third parties. Checkmate does not endorse, warrant or guarantee the products or services available through the sponsored advertiser link, coupon code, Checkmate Offer or Affiliate Link, (or any other third-party products or services advertised, presented on or linked from any portion of our Services), whether or not sponsored. Checkmate is not an agent, distributor, re-seller, broker or otherwise responsible for such third-parties or the activities or policies of those websites or the products or services available on them.

Checkmate does not promise or guarantee that the product details, prices, gift-cards, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third-party via our Service are the best prices, terms or lowest rates available in the market. When you access third-party websites via our Service, you accept that there are risks in doing so, and that Checkmate is not responsible for such risks.

We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. Checkmate has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, Checkmate will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

If there is a dispute between participants on our Service, or between users and any third-party, you agree that Checkmate is under no obligation to become involved. To the maximum extent permitted by applicable law, in the event that you have a dispute with one or more other users or a Third Party Website, you release Checkmate, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Site for violations of these Terms of Use;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
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;
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;
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Checkmate Offerings.

PRIVACY POLICY

We care about data privacy and security. By using the Site or the Checkmate Offerings, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site and the Checkmate Offerings are hosted in the United States. If you access the Site or the Checkmate Offerings from 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.

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 applicable 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.

BUSINESS SERVICES REPRESENTATIONS AND WARRANTIES

Customer represents and warrants to Checkmate that: (a) it has the right to enter into this Agreement, grant all rights granted and perform its obligations under this Agreement; (b) Customer Content and Customer Sites do not include and do not give access via hyperlinks to any property containing materials that are: obscene, infringe or misappropriate third party rights, or contrary to this Agreement (including the Documentation) or Applicable Law; (c) Customer Content, Customer Sites, and Customer's use of the Services will comply at all times with this Agreement and Applicable Law; and (d) its collection, transfer, use and disclosure of all data under this Agreement will not violate the rights of any third-party (including any End Users), Applicable Law or any statements in Customer's online privacy notice.

Customer websites utilizing the Services must include an online privacy notice that discloses the use of third party advertising services, with instructions on how End Users can control the collection of data from Checkmate and/or opt-out from receiving 'cross-contextual' or 'targeted advertising' from Checkmate, which may include a reference to Checkmate's privacy policy.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, THE CHECKMATE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), AND SERVICES 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 OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE CHECKMATE OFFERINGS 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 or Services 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 Checkmate Offerings 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 or the Checkmate Offerings.

We cannot guarantee the Site, the Checkmate Offerings or Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, the Checkmate Offerings or Services 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, the Checkmate Offerings or Services during any downtime or discontinuance of the Site the Checkmate Offerings or Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site, the Checkmate Offerings or Services or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site the Checkmate Offerings or Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will 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. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org/. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. 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 AAA rules or applicable law, the arbitration will take place in San Francisco, California. 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 San Francisco, California, 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 of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (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. 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.

Exception to Arbitration

The Parties agree that Disputes concerning any claim for injunctive relief are not subject to the above provisions concerning binding arbitration. 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 Checkmate Offerings, 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 AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND 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 OR SERVICES 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 THIS 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 OR SERVICES, (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 OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, (5) ANY TAX LIABILITY IMPOSED AGAINST YOU BY ANY TAXING AUTHORITY, 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 OR SERVICES. 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 OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHECKMATE WILL HAVE NO LIABILITY TO CUSTOMER IN CONNECTION WITH (A) CUSTOMER'S FAILURE TO PROVIDE NOTICES TO, OR OBTAIN CONSENTS FROM, ITS END USERS REGARDING ITS DATA COLLECTION AND PRIVACY NOTICE PRACTICES OR THE SERVICES DESCRIBED HEREIN WHICH ARE REQUIRED BY APPLICABLE LAW; (B) CUSTOMER'S COLLECTION, USE OR DISCLOSURE OF DATA AS CONTEMPLATED IN THIS AGREEMENT; OR (C) CUSTOMER DATA SECURITY. 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 OR $500 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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, including any Customer Content or Customer Data; (2) use of the Site and Services; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use, including the "Business Users Representations and Warranties"; (5) your violation of the rights of a third party, including but not limited to intellectual property, privacy or publicity rights; or (6) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site or Services. 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 or Services for the purpose of managing the performance of the Site, as well as data relating to your use of the Site or Services. 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 or Services. 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, using the Services, 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 of Use and any policies or operating rules posted by us on the Site or in respect to 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 of Use shall not operate as a waiver of such right or provision. These Terms of Use 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 of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use 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 of Use or use of the Site. You agree that these Terms of Use 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 of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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: support@joincheckmate.com