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Terms & Conditions

Eligibility, Registration and Account
Privacy Policy and User Data
Billing Terms
Copyright and Limited License
No Professional Advice
Trademarks
Hyperlinks
Third-Party Content
Advertisements and Promotional Offers; Third-Party Products and Service
Contests, Sweepstakes and Other Promotions
User Content and Interactive Services or Areas

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

Last Updated: April 30, 2024

BY ACCESSING OR USING OUR SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

Check the Chip, Inc. (hereinafter referred to as “Check the Chip”, “we”, “our”, or “us”) operates under the DBA name Check the Chip which operates a line of business including retail-based microchip scanning kiosks. These Terms of Use (“Terms”) apply to your access to and use of all Check the Chip websites, kiosks and other products or services (collectively, the “Services”).

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will take reasonable action to provide notice of such changes.  You agree that we may do so, by sending an email, posting a notice on the Services or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services. You consent to have these Terms provided to you in electronic form and agree to receive information about your account electronically. 

All questions or comments about the Services or these Terms should be directed to legal@checkthechip.com. To receive a non-electronic copy of these Terms, please send an e-mail to legal@checkthechip.com.

Jump to Section:

  1. Eligibility, Registration and Account

  2. Privacy Policy and User Data

  3. Billing Terms

  4. Copyright and Limited License

  5. No Professional Advice

  6. Trademarks

  7. Hyperlinks

  8. Third Party Content

  9. Advertisements and Promotional Offers; Third-Party Products and Service

  10. Contests, Sweepstakes and Other Promotions

  11. User Content and Interactive Services or Areas

  12. Product Reviews

  13. Rights in User Content

  14. Feedback

  15. No Guarantee of Scanning Accuracy

  16. Indemnification

  17. Disclaimers

  18. Limitation of Liability

  19. No Third-Party Beneficiaries

  20. Modification to the Services

  21. Corrections

  22. Dispute Resolution; Arbitration

  23. Governing Law and Venue

  24. Termination

  25. Severability

  26. Electronic Communications, Transactions, and Signatures

  27. California Users and Residents

  28. Miscellaneous

 

1. Eligibility, Registration and Account

By registering your pet with Check the Chip, accessing the site and/or utilizing any of the Services, you acknowledge that you understand and agree to be legally bound by these Terms. The Services are not targeted towards, nor intended for use by, anyone under the age of 13. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services and (b) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. All kiosk microchip scanning and registration services provided by Check the Chip are exclusively for the use and benefit of companion animals only. The kiosks and/or microchip scanners are not to be used in any other manner which are not exclusively for companion animals.

Pet microchip registration is defined as (1) a pet which has a pet profile in Check the Chip's portal and (2) the pet's subscription is paid or is within the free test period. Simply using the kiosk option to Register a pet does not complete the full pet microchip registration activation workflow and (1) and (2) listed above must also be completed. 

Some areas or features of the Services may require you to register for an account and/or create a profile. You may only register for one online account when you use the Services. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. In addition, when registering for an account or creating a profile, you agree to: (i) provide accurate, current and complete information; (ii) omit offensive words when creating registration user names (iii) maintain and promptly update your information; (iv) maintain the security of your account; (v) not share your account credentials with others; and (vi) promptly notify us if you discover or otherwise suspect any security breaches related to your account or the Services. 

 

2. Privacy Policy and User Data

Please refer to our Privacy Policy for information about how we collect, use and disclose information about our users. In order to complete a transaction via our Services, you may be required to provide certain information about yourself, including, without limitation, driver’s license or other state identification information, your signature, and any other information requested by us (collectively, “User Data”). You agree to provide accurate, current and complete User Data. You further agree that we may store and share User Data to detect, investigate or prevent fraudulent or suspicious transactions, support investigations into suspected theft, fraud or other wrongdoing, prevent any action that is illegal or otherwise inconsistent with our agreements or policies and to protect the rights, property and safety of Check the Chip and others.

We will use the Personal Information you provide and other information we collect to:

  • enroll you or renew your membership in microchip registration services;

  • fulfill your requests for information, products or services; 

  • provide you with product support and answer your questions; 

  • manage and provide you with access to your account and our website; 

  • analyze use of Check the Chip's service and product offerings, including develop new products and services, and customize our products, services and other information we make available; 

  • periodically communicate with you about your account and/or about special offers related to Check the Chip's services and programs, and/or

  • enforce the terms and conditions of Check the Chip and our websites. 

 

We will share your information with any service providers to deliver the services, products and information offered under Check the Chip's services and programs. These service providers include, but are not limited to:

  • the pet recovery services that contacts Check the Chip of lost pets during the recovery process; 

  • the animal shelters, veterinary clinics, and animal welfare organizations that provide care until the lost pet is returned; and 

  • other providers including self-appointed, volunteer Good Samaritans who help us deliver, or otherwise provide technical support for Check the Chip's services which may include Check the Chip kiosks, including enrollment and payment processing, customer communications, call centers, and the website. 

 

We may disclose information relating to you and/or any other person that has contacted Check the Chip regarding your microchipped pet (i) as required by law; (ii) when we believe in good faith that disclosure is necessary to protect our rights; (iii) to comply with judicial proceeding, court order, or  legal process served on us; and/or (iv) in response to an inquiry by law enforcement personnel or receipt of a police report relating to a microchipped pet. Also, may disclose your information in connection with a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy. 

3. Billing Terms

When you enroll in the Service, you authorize Check the Chip to charge your credit card for the subscription fee per registered pet as stated on the enrollment and authorization page for the Services, as well as for any and all other fees you may incur in connection with your utilization of the Services. If auto-renew is chosen, you further authorize Check the Chip to charge your credit card automatically on a recurring basis for the active account with a current subscription fee. Check the Chip will advise you by electronic mail or in writing at least ten (10) days in advance of the annual renewal date of any change in the subscription fee. If a pet is registered during the free offer promotion test period, Check the Chip will notify you of the promotion ending date at least 10 days in advance. You understand that, once charged, subscription fees for the Services are non-refundable. You agree and represent that all information you provide for the purpose of enrolling in the Services is accurate, complete and current, and you agree to notify Check the Chip of any changes to your credit card information, including changes in billing address and expiration dates. If Check the Chip does not receive payment from the issuer of your credit card, you agree to pay all amounts due upon demand directly to Check the Chip, and Check the Chip further reserves the right to either suspend or terminate your subscription in such circumstances. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by Check the Chip in collecting such amounts. In the event you supply a promotion code for the purpose of obtaining a discounted subscription fee, Check the Chip will determine your eligibility for such discount. Any such determination by Check the Chip shall be in Check the Chip's sole discretion. In the event you supply a promotion code and Check the Chip determines that you are ineligible for the discounted subscription fee, you will be charged the non-discounted subscription fee stated on the authorization form. You understand that you may terminate this authorization at any time by sending an email to support@checkthechip.com. Any such termination will become effective within three (3) business days after Check the Chip receives your communication, and it will not affect any action taken in reliance on your consent or the continuing enforceability of these Terms. Your paid  subscription is non-transferable to any subsequent owner of your pet.

 

4. Copyright and Limited License

Unless otherwise indicated, all content and other materials on the Services, including, without limitation, our logos, and all designs, text, graphics, images, information, data, software and links, audio and video clips, and any intellectual property contained therein, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Check the Chip or our licensors or suppliers or users and are protected by U.S. and international copyright, trademark and other laws. You acknowledge that these rights are valid and enforceable and that you do not acquire any ownership rights by accessing or using the Services or the Materials. The term “Materials” as used in these Terms does not include third party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with Check the Chip. Unless otherwise agreed to in writing by us, you are granted a limited, non-sublicensable license to access and use the Services for your personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Materials therein without our prior written consent; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Services or the Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Materials other than for their intended purposes. Any use of the Services or the Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. No Professional Advice

The Site is offered as a service to pet owners. Any health-related information supplied through the Site or by any employee or agent of Check the Chip, whether by telephone, e-mail, letter, or other form of communication, is not intended to be a substitute for professional veterinary or medical advice, diagnosis or treatment, and it is important that you not make medical decisions without first consulting a licensed veterinarian. You should never disregard professional veterinary or medical advice or delay in seeking such advice because of something you have read on the Site. IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY.

 

6. Trademarks

The trademarks, logos and service marks displayed on the Services (collectively, the “Trademarks”) are the trademarks of Check the Chip (international class 45, providing kiosks for RFID scanning for identifying pets). The Trademark (while used in kiosks for RFID scanning) may not be copied, imitated or used, in whole or in part, without the prior written permission of Check the Chip or the applicable trademark holder. Any authorized use of the Check the Chip Trademarks must be in accordance with guidelines that we may provide you from time to time. The term “Trademarks” as used in these Terms do not include the trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with Check the Chip. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is our service mark, trademark and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

 

7. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Check the Chip or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logos or other proprietary graphics to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Check the Chip or any third party.

We make no claim or representation regarding the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, websites linking to the Services, or the accuracy of any information provided by such third parties. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

 

8. Third-Party Content

We may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Users use such Third-Party Content contained therein at their own risk.

 

9. Advertisements and Promotional Offers; Third-Party Products and Services

We may run advertisements and promotional offers from or involving third parties on the Services or may otherwise provide information about or links to third-party products, services or programs on the Services. In addition, we may advertise or make available through the Services certain programs that enable you to obtain gift cards, coupons, discounts or other items from third party businesses. We do not endorse or recommend any such third parties and your business dealings or correspondence with, or participation in the promotional offers of, any such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party.

 

10. Contests, Sweepstakes and Other Promotions

We may from time to time administer, operate or run contests, sweepstakes, and other promotions (collectively “Promotions”) on the Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules will control.

 

11. User Content and Interactive Services or Areas

You are required to comply with all applicable laws and regulations in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from Check the Chip. As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful, non-compliant with applicable regulations, or prohibited by these Terms. Use of the Site is for your personal and non-commercial use, and Check the Chip does not grant any express or implied rights to use the Site for any other purpose. The Services may include interactive areas or services (“Interactive Areas”) in which you or other users may create, post or store content, messages, materials, data, information, text, music, sound, photos, video, Product Reviews (as defined below), graphics, applications, code or other items or materials on the Services (collectively, “User Content”). For purposes of clarification and not limitation, User Content does not mean User Data or any other information you provide to Check the Chip in connection with initiating or completing a transaction. You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;

  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law or regulation;

  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

  • User Content designed to deceive or trick Check the Chip, our suppliers or other users of the Services;

  • Unsolicited promotions, political campaigning, advertising or solicitations;

  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

  • Viruses, corrupted data or other harmful, disruptive or destructive files; and

  • User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose us or our users to any harm or liability of any type.

You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services.

 

You agree that you will abide by these Terms and will not:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

  • Engage in fraudulent or dishonest activities in connection with the Services;

  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;

  • Flag content or report abuse for improper purposes;

  • Send, distribute or post spam, chain letters, or pyramid schemes;

  • Harvest or otherwise collect information about users, including email addresses, without their consent;

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;

  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);

  • Modify, adapt, hack or emulate the Services;

  • Use or attempt to use another’s account without authorization from such user and us;

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;

  • Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;

  • Develop any third-party applications that interact with User Content and the Services without our prior written consent; or

  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates these Terms.

 

Your use of Services is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right and have absolute discretion to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

 

12. Product Reviews

We may provide specific opportunities for you to tell us or other users what you think about our Services (“Product Reviews”). If you take advantage of such a Product Review opportunity, you agree to state your opinions and experiences lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. These Product Reviews  are personal to those particular users, and may not necessarily be representative of all users of our Services. Check the Chip does not claim and you should not assume that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The Product Reviews are submitted in various forms such as text, audio, and/or video, and are reviewed by us before being posted.

 

13. Rights in User Content

If you submit or post User Content to the Services, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media, without any compensation to you. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.

By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate these Terms or any applicable law, rule or regulation.

 

14. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, to and/or about Check the Chip or the Services (“Feedback”). Feedback, whether submitted through the Services or otherwise, is non-confidential and shall become the sole property of Check the Chip. We shall own, and you hereby assign to us, all right, title and interest, including all intellectual property rights, in and to such Feedback and we shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by us (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, us of such Feedback.

15. No Guarantee of Scanning Accuracy

Check the Chip kiosks are designed and maintained with the goal of achieving a high degree of accuracy in detecting low-frequency RFID microchips and typically within the range of 125 kHz and 134.2 kHz. However, Check the Chip does not guarantee that a pet's microchip will be scanned, detected or read with perfect accuracy as scanning and detectability variances may arise because of, among other things, multiple microchips being presented in one pet, low detectability due to scanner distance from the microchip, subcutaneous microchip migration within the pet to another part of the body other than the typical shoulder area, user error or misuse in scanning for a microchip, the microchip has sustained damage prior to using a Check the Chip kiosk, no microchip being present in the animal, and including mechanical damage to the kiosk, a software malfunction, a power interruption, or otherwise abnormal operating conditions. 

If you believe that a microchip has been inaccurately scanned, contact Check the Chip immediately by phone or email. An investigation of the incident is a top priority and discovery actions will begin. If there is reasonable doubt that a kiosk is not operating to the highest standards, Check the Chip may decide to instantly disable the kiosk to eliminate the usage of the kiosk by others until the issue is resolved and confidence of the kiosk is restored for public use. A thorough investigation is required for all reported kiosk issues.

 

In the case of a dispute, you agree to follow the dispute resolution procedures in Section 22 below, which includes, among other procedures, providing notice to Check the Chip of any issues with accuracy within 30 days, and resolving any disputes through arbitration.  As explained in more detail in Section 22, you specifically waive your right to sue in court, a jury trial or to bring a class action.

16. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Check the Chip and our affiliates, subsidiaries, independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (together with Check the Chip, the “Check the Chip Parties”) from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, costs, liabilities and expenses (collectively, “Claims”) arising out of or related to (a) your use or misuse of the Services, (b) any User Content or Feedback you provide, (c) your violation of these Terms, or (d) your violation of the rights of any third party. You agree to promptly notify Check the Chip of any third party Claims, cooperate with the Check the Chip Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to attorneys’ fees). You further agree the Check the Chip Parties will determine, at their sole option, whether to have control of the defense or settlement of any third party Claims.

 

17. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US; (B) WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (C) WE DO NOT REPRESENT OR WARRANT THAT CONTENT, MATERIALS OR FUNCTIONS OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. UNDER NO CIRCUMSTANCE SHALL CHECK THE CHIP HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION PROVIDED AS PART OF YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES AND YOUR RELIANCE ON ANY INFORMATION THAT IS COMMUNICATED TO YOU AS PART OF THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, ANY EXTERNAL LINKS DISPLAYED ARE NOT INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS BY CHECK THE CHIP. CHECK THE CHIP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. CHECK THE CHIP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CHECK THE CHIP PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE ACCESS TO OR USE OF THE SERVICES OR MATERIALS (INCLUDING BUT NOT LIMITED TO USER CONTENT AND THIRD-PARTY CONTENT) OR OTHERWISE RELATED TO THESE TERMS (INCLUDING BUT NOT LIMITED TO ANY DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CHECK THE CHIP PARTIES’ RECORDS, PROGRAMS OR SERVICES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CHECK THE CHIP PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS CONTAINED THEREIN, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.

THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY THE SERVICES OR FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OF THE CHECK THE CHIP PARTIES.

 

19. No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

 

20. Modifications to the Services

We reserve the right to change the Services and the Materials and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice, obligation or liability to you.

 

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Check the Chip reserves the right to correct any errors inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. Dispute Resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION 21 CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH CHECK THE CHIP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CHECK THE CHIP.

 

22.1. Binding Arbitration. Except for disputes in which either party seeks to bring an individual action within the limited jurisdiction of a small claims court (a “Small Claims Action”) or seeks only injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents (an “Intellectual Property Injunctive Action”), you and Check the Chip agree: (a) to waive your and Check the Chip’s right to have any and all disputes arising from or connected to these Terms and/or the Services (collectively, “Disputes”) resolved in a court; and (b) to waive your and Check the Chip’s right to a jury trial. Instead, you and Check the Chip agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

 

22.2. No Class Arbitrations, Class Actions or Representative Actions. YOU AND CHECK THE CHIP AGREE THAT ANY AND ALL DISPUTES ARE PERSONAL TO YOU AND CHECK THE CHIP, AND THAT DISPUTES WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. YOU AND CHECK THE CHIP AGREE THAT A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

 

22.3. Federal Arbitration Act. You and Check the Chip agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) to the maximum extent permitted by applicable law.

 

22.4. Process. YOU AND CHECK THE CHIP AGREE THAT WE WILL NOTIFY EACH OTHER IN WRITING OF ANY DISPUTE WITHIN THIRTY (30) DAYS OF WHEN IT ARISES SO THAT WE CAN ATTEMPT IN GOOD FAITH TO RESOLVE THE DISPUTE INFORMALLY. Notice to Check the Chip shall be sent by certified mail or courier to Check the Chip, Inc., Attn: General Counsel, 1139 San Carlos Ave #305, San Carlos, CA 94070. Your notice must include: (a) your name and contact information; (b) a description of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. If you and Check the Chip cannot agree to resolve the Dispute within thirty (30) days of Check the Chip receiving your notice, then either you or we may, as appropriate pursuant to this Section 21, commence an arbitration proceeding, file an action to compel arbitration or, in the case of a Small Claims Case or an Intellectual Property Injunctive Action, file a claim in court. YOU AND CHECK THE CHIP AGREE THAT ANY ARBITRATION OR CLAIM MUST BE COMMENCED OR FILED WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISE; OTHERWISE, YOU AND CHECK THE CHIP AGREE THAT THE CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT A CLAIM REGARDING THE DISPUTE). You and Check the Chip agree that (1) any arbitration will occur in the county of your residence or a mutually agreed-upon location, which you may attend either in person or via video conference or telephone; (2) the state or federal courts in the county of your residence, or in which you used our Services shall have exclusive jurisdiction over any action to compel arbitration; (3) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (4) the state or federal courts in the county in which the arbitration occurred will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award and over any Intellectual Property Injunctive Action and that small claims courts in the jurisdiction in which you reside will have jurisdiction over any Small Claims Case.

 

22.5. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

22.6. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

 

22.7. Severability. If any provision of this Section 21 is held invalid or unenforceable, it will be so held to the minimum extent required by law and all other provisions will remain valid and enforceable. Further, the waivers set forth in Section 21.2 are severable from the other provisions of these Terms and will remain valid and enforceable except as prohibited by applicable law.

 

22.8. Changes. Notwithstanding the modification-related provisions in these Terms, if we revise the dispute resolution provisions of the Terms, you may reject any such change within thirty (30) days of the date such change becomes effective by providing Check the Chip with written notice of such rejection by writing to: Check the Chip, Inc., Attn: General Counsel, 1139 San Carlos Ave #305, San Carlos, CA 94070. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Section 21. By rejecting changes, you are agreeing to resolve disputes in accordance with the last version of the Terms you accepted.

 

23. Governing Law and Venue

THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND APPLICABLE UNITED STATES LAW, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED ONLY IN THE STATE AND FEDERAL COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA (EXCEPT FOR SMALL CLAIMS DISPUTES, WHICH MAY BE FILED IN SMALL CLAIMS COURTS IN THE JURISDICTION IN WHICH YOU RESIDE), AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS

 

24. Termination

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent future your access to and use of the Services.

 

25. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Check the Chip or its subsidiaries or affiliates for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you or such entity violates these Terms.

26. Electronic Communications, Transactions, and Signatures

Visiting Check the Chip’s website, sending Check the Chip 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 via the website, 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 CHECK THE CHIP. 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.

 

27. California Users and Residents

If any complaint with Check the Chip 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.

 

28. Miscellaneous

 

These Terms and any policies or operating rules posted by Check the Chip in respect to the Services constitute the entire agreement and understanding between you and Check the Chip. Check the Chip’s failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. Check the Chip may assign any or all of our rights and obligations to others at any time. Check the Chip shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Check the Chip as a result of these Terms or use of the Services. You agree that these Terms will not be construed against Check the Chip by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms

Product Reviews
Rights in User Content
Feedback
No Guaratee of Scanning Accuracy
Idemnification
Disclaimers
Limitation of Liability
No Third-Party Beneficiaries
Dispute Resolution
Dispute Resolution; Arbitration
Governing Law and Venue
Termination
Severability
Corrections
Electronic Communications
California Users and Residents
Miscellaneous
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