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Terms of Use Agreement

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.


©CHECtravel, Inc. 2008