These Terms of Use apply to any display, access, or use by any person (referred to as "You" below) of the Check, Please! website accessible at http://www.checkplease.tv and any other website operated or owned by Check, Please! LLC ("Check, Please!"), unless contrary terms and conditions are stated to apply at such other websites. These Terms of Use also apply to any service or feature provided by Check, Please!, whether or not reachable through the website.
You agree to these Terms of Use by displaying, using or accessing the Check, Please! website or any service or feature provided by Check, Please! If you do not agree with these Terms of Use, please do not use the Check, Please! website or any such services or features. Questions and concerns regarding these Terms of Use should be directed by e-mail to customerservice@checkplease.tv.
Check, Please! may add to, delete from, modify, or discontinue all or any portion of the services or features available on the Check, Please! website in any manner in its sole discretion, with or without notice, or obligation or liability of any kind to you or to any other person.
Check, Please! reserves the right, in its discretion, to limit or terminate your ability to access Check, Please! services from certain regions, countries, or IP address ranges, or through certain devices, operating systems, or software. Check, Please! reserves the right to refuse access or service to any person in its discretion.
Except as provided in another express agreement between you and Check, Please!, you understand that the Check, Please! website is intended for entertainment purposes only, and your use of the Check, Please! website is limited to internal, personal, and non-commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Check, Please! website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Check, Please! website or the content therein.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Check, Please! website in a manner that sends more request messages to the Check, Please! servers in a given period of time than a human would produce in the same period by using a conventional web browser. Check, Please! does allow the operators of public search engines to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Check, Please! reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Check, Please! website, nor to use the communication systems provided by the website for any commercial solicitation purposes.
The opinions and statements appearing on the Check, Please! website are not those of Check, Please! or its management, and Check, Please! bears no responsibility for the accuracy or content of any material appearing on the website. You expressly release Check, Please! and its officers, directors, employees, and agents from any liability or obligation relating to the third party opinions and statements appearing on the Check, Please! website. The Check, Please! website is intended as a public forum for the exchange of opinions regarding certain products and services of the hospitality industry, and you acknowledge that others' opinions may differ from your own and that the contents of any such opinions or assertions shall not give rise to any claim or right against Check, Please!, it sponsors, affiliates, officers, directors, employees, or agents, each of which you expressly hereby waive.
Check, Please! does not warrant that the Check, Please! website or any service or feature thereof will be secure, timely, uninterrupted or error free or that any data, content, information, software or other material accessible on or through the Check, Please! website are true, accurate, or are free of viruses or other harmful components. All use of the Check, Please! website and any features or services thereof are at your own risk and you are solely responsible for all damages resulting therefrom.
THE CHECK, PLEASE! WEBSITE AND ANY SERVICES OR FEATURES AVAILABLE THROUGH THIS WEBSITE (A) ARE NOT INTENDED FOR "MISSION CRITICAL" APPLICATIONS OR FOR USE ON "MISSION CRITICAL" EQUIPMENT, (B) ARE PROVIDED ON AN "AS IS," WHERE IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, QUIET ENJOYMENT, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EACH OF WHICH ARE DISCLAIMED).
YOU HEREBY WAIVE ALL RIGHTS TO DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE CHECK, PLEASE! WEBSITE OR ANY SERVICES OR FEATURES AVAILABLE THROUGH THIS WEBSITE, REGARDLESS OF THE FORM OF CLAIM OR THEORY OF RECOVERY AND REGARDLESS IF SUCH DAMAGES ARE FORESEEABLE. Without limiting the foregoing, in no event shall Check, Please!, nor any officer, director, employee, sponsor or agent thereof be liable for (a) any damages (i) arising in connection with the fraudulent, unlawful, or tortious acts of any third party, (ii) that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations or transmissions, (iii) that result from yours or any other user's use of or inability to access your Check, Please! account or other information or data, (iv) that result from unauthorized access to or alteration of your submissions, transmissions, or data, or (v) that result from your reliance upon any opinion, assertion, or other matter displayed on the Check, Please! website; (b) business interruption, (c) loss of profits or savings, (d) loss of data, or (e) the cost of procurement of substitute goods and services.
YOU UNDERSTAND THAT CHECK, PLEASE! WILL TAKE REASONABLE MEASURES TO MAINTAIN THE PRIVACY AND SECURITY OF ALL PRIVATE INFORMATION (INCLUDING CREDIT CARD INFORMATION) PROVIDED BY YOU TO THE CHECK, PLEASE! WEBSITE (SUBJECT TO THE PRIVACY POLICY), BUT THAT THIRD PARTIES (SUCH AS HACKERS) MAY BREACH OR ATTEMPT TO BREACH CHECK, PLEASE!'S SECURITY MEASURES OR MAY GAIN UNAUTHORIZED ACCESS TO THE CHECK, PLEASE! DATABASE OR OTHER EQUIPMENT CONTAINING YOUR INFORMATION. YOU HEREBY SPECIFICALLY AGREE, AS PARTIAL CONSIDERATION FOR THE CHECK, PLEASE! SERVICES, THAT CHECK, PLEASE! SHALL NOT BE LIABLE FOR DAMAGES OF ANY SORT, WHETHER ARISING UNDER CONTRACT, TORT, OR OTHERWISE, WITH RESPECT TO ANY BREACH OF SECURITY OF THE CHECK, PLEASE! WEBSITE OR ANY OTHER EQUIPMENT OR USER INFORMATION.
You may enter into correspondence with, participate in promotions by, or purchase the products or services of, sponsors marketing their products or services on or through the Check, Please! website, a Check, Please! service, or a Check, Please! partner. Notwithstanding anything herein or on the Check, Please! website to the contrary (whether before or after you accept these Terms of Use) all transactions or correspondence, including without limitation with respect to delivery of and payment for such goods and services, and any other terms, conditions, warranties or representations associated therewith, are solely between you and such sponsor or other person, and Check, Please! shall have no liability, obligation or responsibility with respect to such transactions.
Check, Please! shall not be deemed in breach of these Terms of Use, nor for any breach of any implied warranty or other obligation, for any failure in performance arising in connection with circumstances beyond its reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, or other acts of God.
Check, Please! and its licensors hold and reserve all right, title and interest (including patent, trademark, and copyright) to all content available on the Check, Please! website. You may use and print a single copy of the textual matter and all non-trademarked graphical matter for personal, non-commercial purposes solely as necessary to utilize the Check, Please! services provided that (1) the applicable copyright and trademark notice appears in all copies, (2) such materials will not be copied or posted on any network or computer or broadcast or published in any media, and (3) no modifications of any materials are made. Except as provided above, no other materials or content available on the Check, Please! website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Materials which you are permitted to use as described above do not include the design or layout of the Check, Please! website or any proprietary materials of any third party, including the trademarks of any sponsors. Elements of the Check, Please! website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, video or image from the Check, Please! website may be copied or retransmitted unless expressly permitted by Check, Please!
Although comments and questions about the Check, Please! website are welcome, Check, Please! does not accept unsolicited submissions or creative ideas or other content for its website, except where expressly provided (such as a user review or opinion section, a license in any submissions to which are conveyed to Check, Please! upon submission). Any suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Check, Please!. Check, Please! is not responsible for the confidentiality of any information communicated to Check, Please! (except as provided in the Privacy Policy), and by communicating any such suggestions, ideas, or concepts, you agree that Check, Please may utilize or publish any of the same in its discretion and without obligation.
Any software or code that is made available to download from the Check, Please! website ("Check, Please! Software") is the copyrighted work of Check, Please! and/or its suppliers. Use of the Check, Please! Software is governed by these Terms of Use and by the terms of any end user license agreement which accompanies or is included with the Check, Please! Software (a "License Agreement"). All Check, Please! Software is made available for downloading solely for use by end users in connection with Check, Please! services and solely according to the License Agreement. Any reproduction or redistribution of the Check, Please! Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CHECK, PLEASE! SOFTWARE EXCEPT AS STRICTLY NECESSARY FOR YOUR INDIVIDUAL, NON-COMMERCIAL USE IS EXPRESSLY PROHIBITED. YOU MAY NOT COPY ANY CHECK, PLEASE! SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION. YOU MAY NOT REVERSE ENGINEER, DECOMPILE, OR MODIFY ANY CHECK, PLEASE! SOFTWARE.
ALL CHECK, PLEASE! SOFTWARE IS PROVIDED "AS IS," AND CHECK, PLEASE! HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
RESTRICTED RIGHTS LEGEND. Any Check, Please! Software which is downloaded for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Check, Please!, LLC, 1438 West Kinzie Street, Chicago, Illinois 60622.
Copyright © 2007 Check, Please!, LLC and/or its suppliers, 1438 West Kinzie Street, Chicago, Illinois 60622 U.S.A. All rights reserved.
"Check, Please!," together with any other services or products referenced on the Check, Please! website, together with all associated graphics, logos, and slogans, are either trademarks or registered trademarks of Check, Please!, and may not be used or reproduced without Check, Please!'s express prior written permission. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved to Check, Please!
Any disputes concerning the Check, Please! website, any content thereon, any feature or service available through this website, the Privacy Policy, or these Terms of Use requiring judicial resolution shall be determined exclusively in the Courts of the State of Illinois, in the County of Cook, under the laws of the State of Illinois, provided that Check! Please may seek injunctive relief and similar remedies in any court of competent jurisdiction.
If Check, Please! breaches its obligations hereunder, or should you become dissatisfied with any Check, Please! feature or service, or should you object to any terms or conditions of these Terms of Use, your sole and exclusive remedy is to terminate your Check, Please! membership (if applicable) and discontinue use of Check, Please! services. You may not assert against Check, Please! any claim in connection with this website or any Check, Please! feature or service unless you have given Check, Please! written notice of the claim within 30 days after you knew or should have known of the facts giving rise to such claim.
These Terms of Use: (a) shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees; (b) together with the Membership Agreement and the Privacy Policy, contains the entire understanding between the parties hereto with respect to the Check, Please! website and the subject matter hereof, and supersedes all previous oral or written agreements or understandings between the parties with respect thereto, and no advice or information, whether oral or written, obtained by you from Check, Please! or the Check, Please! website (whether before or after the date you accept these Terms of Use) shall create any obligation or warranty of Check, Please! not expressly stated herein; and (c) shall not be modified, except by an express modification by Check, Please! as described herein. There are no third party beneficiaries hereof. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. If any provision(s) of the Terms of Use is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
You agree that Check, Please! may, in its sole discretion, from time to time add to, delete from, or modify these Terms of Use in any reasonable manner by publishing such modifications on the Check, Please! website. Please check back often if you are concerned about any such modifications.