Please read our terms of use agreement so that you fully understand
CHEC policies.
BY ACCESSING OR USING THIS SITE IN ANY WAY, YOU AGREE TO THESE
TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE
DO NOT USE THIS SITE.
1.General This site is owned and operated by CHECtravel, Inc.
a California corporation, (CHEC). CHEC has the right at any
time to change or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of availability,
and equipment needed for access or use of the site. These terms
of use apply to all users of CHEC.
2.Equipment You are responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed
for access to and use of the site and all charges related
thereto.
3. Restrictions on Use:
A. You agree to use the site for lawful purposes only. You will
not post or transmit through the site any material that: (i)
violates infringes, disrupts, or interferes in any way upon
the rights of others; (ii) transmits, contains, or communicates
viruses or other harmful, disruptive, or destructive files;
(iii) disrupts or interferes with the security of, or otherwise
causes harm to, the site, or any services, materials, system
resources, accounts, passwords, servers, or networks connected
to or accessible through the site; (iv) is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, or otherwise objectionable; or (v)
encourages conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violates any law.
Without CHEC's express prior approval, you will not post or
transmit through the site any material that contains advertising
or any solicitation with respect to products or services. You
will not use the site to advertise or perform any commercial
solicitation, including, without limitation, the solicitation
of users to become subscribers of other on-line information
services. Any conduct by you that in CHEC's discretion restricts
or inhibits any other user from using or enjoying the site will
not be permitted.
B. Furthermore, you agree not to: (i) use or attempt to use
another's account, password, service, or system without authorization
from CHEC; (ii) access or attempt to access any Content which
you are not authorized to access; or (iii) try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble, or
otherwise alter any executable code, contents, or materials
on or received via this site. You understand that such actions
are likely to subject you to serious civil and criminal legal
penalties and that CHEC will act to protect its rights and the
rights of publishers, authors, and its other licensors. Without
the express written permission of CHEC, you agree not to use
any automated data or content gathering and extraction methods,
including data mining and robots, in connection with the site.
C. The site contains copyrighted material, trademarks and other
proprietary information, including, without limitation, text,
software, photos, video, graphics, music and sound ("Copyrighted
Material"), and the contents of the site are copyrighted
under the United States copyright laws. You may not modify,
alter, publish, transmit, distribute, display, participate in
the transfer or sale, create derivative works, or in any way
exploit, any of the Copyrighted Material, in whole or in part.
You may not copy the Copyrighted Material or engage in any other
acts inconsistent with the principles of copyright protection
and fair use, as codified in 17 U.S.C. Sections 106-110, without
obtaining the express written permission of CHEC and the copyright
owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice
will be made. You acknowledge that you do not acquire any ownership
rights to copyrighted material. Any unauthorized use of the
site or materials or services on the site may violate applicable
copyright, trademark, patent, and/or other intellectual property
laws and the Terms of Use.
D. You will not upload, post or otherwise make available on
the site any material protected by copyright, trademark, or
other proprietary right without the express permission of the
owner of the copyright, trademark, or other proprietary right
and the burden of determining that any material is not protected
by copyright rests with you. You will be solely liable for any
damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.
By submitting material to the site, you automatically grant,
or warrant that the owner of such material has expressly granted
CHEC the royalty-free, worldwide, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish,
display, translate, and distribute such material (in whole or
in part) and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed. You also
permit any other user of the site to access, view, store, or
reproduce the material for that user's personal use. You grant
CHEC the right to edit, copy, display, publish, and distribute
any material made available on the site by you.
4. Password and Security
If you choose to register for a CHEC account, you will receive
a username and password. You are responsible for maintaining
the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password
or account. You may not share your password with anyone else
or permit your password to be used to provide anyone else with
access to the site. You agree to immediately notify CHEC of
any unauthorized use of your password or account or any other
breach of security.
5. Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
NEITHER CHEC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE INCLUDING BUT
NOT LIMITED TO ANY BACKGROUND AND/OR CRIMINAL CHECKS OF PERSPECTIVE
CHEC MEMBERS CONDUCTED BY THIRD PARTY ORGANIZATION EMPLOYED
BY CHEC.
B. Legal, medical, and health-related information located, identified
or obtained through the use of the Service, is provided for
informational purposes only and is not a substitute for qualified
advice from a professional.
C. THE SITE IS PROVIDED ON AN "AS IS"; BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE SITE NOR DOES CHEC GUARANTEE ANY RESOLUTION ARISING
FROM ON LINE CHAT OR THROUGH THE CHEC MEDIATION PROCESS.
D. IN NO EVENT WILL CHEC, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT
INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING
FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL
OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS
OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE
THAT THE PROVISIONS OF THIS SECTION WILL APPLY TO ALL USE OF
AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
NO EVENT WILL CHEC's TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THIS SITE.
E. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, 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 (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
CHEC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
6.Monitoring CHEC will have the right, but
not the obligation, to monitor the content of the site to
determine compliance with these Terms of Use and any operating
rules established by CHEC and to satisfy any law, regulation
or authorized government request. CHEC will have the right
in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on the site. Without limiting
the foregoing, CHEC will have the right to remove any material
that CHEC in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
7. Indemnification
You agree to defend, indemnify and hold
harmless CHEC and its affiliates and their respective directors,
officers, employees and agents from and against any and all
claims, actions, demands, damages, costs, liabilities, losses
and expenses (including reasonable attorneys' fees) arising
out of your use of the site.
8. Trademarks
CHEC, CHECtravel.com, CHECtravel.net, and all
page headers, custom graphics and button icons are service
marks, trademarks, and/or trade dress of CHEC. All rights reserved.
All other trademarks appearing on the site are the property
of their respective owners.
9. Third Party Content
Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers and users,
are those of the respective author(s) or distributor(s) and
not of CHEC. In many instances, the content available through
the site represents the opinions and judgments of the respective
information provider or user. CHEC neither endorses nor is
responsible for the accuracy or reliability of any opinion,
advice or statement made on the site by anyone other than authorized
CHEC employee spokespersons while acting in their official
capacities.
10. Termination
You agree that CHEC may, under certain circumstances,
in its sole discretion, and without prior notice, immediately
terminate your CHEC account and access to the site. Cause for
such termination will include, but not be limited to, (a) breaches
or violations of these Terms of Use or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions).
11. Changed Terms
CHEC has the right at any time to change
or modify these Terms of Use applicable to use of the site,
or any part thereof, or to impose new conditions. Such changes,
modifications, additions or deletions will be effective immediately
upon notice thereof, which may be given by any means including,
without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. If you use the site
after such notice, then you will be deemed to have accepted
such changes, modifications, additions or deletions. If you
don't agree to the changes, modifications, additions or deletions;
then you must stop using the site.
12. International Users The site is controlled, operated,
and administered by CHEC from its offices in the United States
of America. If you access the site, then you are responsible
for compliance with applicable laws including United States
export laws. Furthermore, if you access the site from a location
outside the United States, you are responsible for compliance
with all local laws.
13. Procedure For Making Claims Of Copyright
Infringement
If you believe that your work has been copied and is accessible
on this site in a way that constitutes copyright infringement,
you may notify CHEC.
14. Miscellaneous These Terms of Use will be construed in
accordance with the laws of the State of California. No waiver
by either party of any breach or default hereunder will be
deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience
only and will not be given any legal import.
