Introduction

These are the binding legal terms governing your use of CheckMeOut and related services. By accessing or using our services, you agree to be bound by these terms. Please read them carefully.

1. Our Services

CheckMeOut provides a platform for users to discover, review, and share information about local businesses within their communities. The information provided on our platform is for general informational purposes and isn't intended for distribution in jurisdictions where it would violate local laws or regulations. Users accessing our services from other locations are responsible for compliance with local laws.

2. Intellectual Property Rights

CheckMeOut owns all intellectual property rights in our Services, including but not limited to:

• Source code, databases, and software
• Website design and functionality
• Audio, video, text, photographs, and graphics
• Logos, service marks, and trade names

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial use only. We retain all rights not expressly granted to you under these terms.

3. User Representations

By using our Services, you represent and warrant that:

• You have the legal capacity and agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside (or have parental permission to use our Services)
• You will not access our Services through automated or non-human means, whether through bots, scripts, or otherwise
• You will not use our Services for any illegal or unauthorized purpose
• Your use of our Services 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 our Services.

4. Prohibited Activities

You may not access or use our Services for any purpose other than that for which we make them available. Prohibited activities include, but are not limited to:

• Systematically retrieving data or content to create a collection, compilation, database, or directory
• Tricking, defrauding, or misleading us or other users
• Circumventing, disabling, or interfering with security-related features
• Disparaging, tarnishing, or otherwise harming us or our Services
• Using information obtained from our Services to harass, abuse, or harm another person
• Making improper use of our support services or submitting false reports
• Using our Services in a manner inconsistent with applicable laws or regulations
• Engaging in unauthorized framing of or linking to our Services
• Uploading or transmitting viruses, Trojan horses, or other malicious code
• Engaging in automated use of the system, such as scripts to send comments or messages
• Deleting copyright or other proprietary rights notices
• Impersonating another user or person or using another user's username
• Interfering with, disrupting, or creating an undue burden on our Services or networks
• Harassing, annoying, intimidating, or threatening our employees or agents
• Attempting to bypass measures designed to prevent or restrict access to our Services
• Copying or adapting our software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Using our Services for commercial purposes without our express written consent

5. User Generated Contributions

Our Services may allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, or ratings (collectively, "Contributions").

Contributions may be viewable by other users and through third-party websites. When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance of your Contributions do not infringe the proprietary rights of any third party
• You have the written consent of each identifiable individual person in your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable

6. Contribution License

By posting Contributions to our Services, you grant CheckMeOut a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit your Contributions for any purpose.

This license includes our right to make your Contributions available to other users of our Services, who may also use your Contributions subject to these Terms of Use.

You retain any and all ownership rights to your Contributions. However, you acknowledge that CheckMeOut can access, preserve, and disclose your Contributions if required to do so by law or in good faith belief that such disclosure is reasonably necessary.

7. Services Management

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

• Monitor our Services for violations of these Terms of Use
• Take appropriate legal action against anyone who violates the law or these Terms of Use
• Refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof
• Remove from our Services or otherwise disable files and content that are excessive in size or burdensome to our systems
• Otherwise manage our Services in a manner designed to protect our rights and property and to facilitate the proper functioning of our Services

8. Term and Termination

These Terms of Use remain in full force and effect while you use our Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our 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.

We may terminate your use or participation in our Services 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.

9. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of our 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 Services.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of our Services.

We cannot guarantee our Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to our Services, resulting in interruptions, delays, or errors.

10. Governing Law

These Terms of Use and your use of our Services are governed by and construed in accordance with the laws of the United States applicable to agreements made and to be entirely performed within the United States, without regard to its conflict of law principles.

11. Dispute Resolution

Informal Negotiations:

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use, the parties agree to first attempt to negotiate any dispute informally for at least 30 days before initiating arbitration.

Binding Arbitration:

If the parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.

The arbitration shall be commenced and conducted under the rules of the American Arbitration Association. The arbitration shall be conducted in English, and the decision may be enforced in any court.

Restrictions:

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures
• 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

12. Corrections

There may be information on our Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on our Services at any time, without prior notice.

13. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR 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 OUR SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage resulting from your access to and use of our Services
• Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein
• Interruption or cessation of transmission to or from our Services
• Bugs, viruses, Trojan horses, or the like transmitted through our Services by any third party
• Errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via our Services

14. 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 OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. 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:

• Your Contributions
• Use of our Services
• Breach of these Terms of Use
• Any breach of your representations and warranties set forth in these Terms of Use
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any harmful act toward any other user of our Services with whom you connected via our Services

16. User Data

We will maintain certain data that you transmit to our Services for the purpose of managing the performance of our Services, as well as data relating to your use of our 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 our 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.

17. Electronic Communications, Transactions, and Signatures

Visiting our 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 our Services, 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 our Services.

18. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on our Services 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.

19. Contact Us

In order to resolve a complaint regarding our Services or to receive further information regarding use of our Services, please contact us at:

• Email: support@checkmeout.com
• Contact Form: Contact Us