Terms & Conditions – Checkin Party
By accessing, viewing or using Checkin Party.com, or any website owned and operated by Checkin Party Inc or its subsidiaries ("Checkin Party") in any manner, you expressly agree to all terms and conditions contained or referenced in these Terms of Use and all applicable laws or regulations governing this website ("Site"). These Terms of Use apply only to your use of Checkin Party and do not change or alter any other agreement or contract that may exist between you and any of the companies within Checkin Party ("Checkin Party"). Checkin Party reserves the right, in its sole discretion, to modify or change these Terms of Use at any time without prior notice to you. Your continued use of Checkin Party following the posting of any changes to the Terms of Use constitutes acceptance of those changes. The terms & conditions stated herein, do not change or amend your individual policies. If at any time you choose not to accept these Terms of Use, please do not use this website or send E-mail to any Checkin Party E-mail address. The Checkin Party E-mail system is a private E-mail system intended only for purposes authorized by Checkin Party. You are not authorized to send numerous (or any) unsolicited commercial E-mail messages to any E-mail addresses at @Checkin Party. Checkin Party reserves the right to take actions as may be necessary to prevent misuse of its E-mail system by unauthorized parties. Please remember that E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before E-mailing any personal or confidential information.
Disclaimer
Checkin Party, its websites, apps, watches, literature, products and representatives do not provide medical advice and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Checkin Party is not intended or designed to attract children under the age of 13. Use of Checkin Party is at your own risk, with content and services provided on an "as is" basis. Checkin Party disclaim all warranties and are not liable for any personal injury, including death, caused by your use or misuse of Checkin Party. You expressly agree that exclusive jurisdiction for any dispute with Checkin Party resides in the nation of New Zealand.
Scope of Use
You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct which is defamatory, libelous, threatening or harassing or that infringes on a third party's intellectual property or other proprietary rights. You agree that any information you provide through this site will be truthful and accurate.
Availability of Products or Services
Not all of the products or services described on this Site are available in all geographic areas. You may not be eligible for all of the products or services described in this Site. Subject to applicable law, Checkin Party reserves the right to determine eligibility for such products or services in its sole discretion or, as permitted by law or regulation, to change the products or services mentioned at any time without notice.
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting or other professional advice, and is not tailored to your specific circumstance.
Submissions Made to Checkin Party
By providing information or materials to this Site (other than personal information subject to the Checkin Party Privacy Statement), you grant to Checkin Party an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You agree not to submit or transmit any E-mails or materials through the website that (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws or regulations. Checkin Party shall not be subject to any obligations of confidentiality regarding any information or materials that you submit except as specified in the Checkin Party Privacy Statement, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Privacy Statement
Our Privacy Statement describes our use and protection of nonpublic personal information ("customer information") and will help you understand how we treat the customer information that we obtain from you or other sources in the course of providing you with products and services. We urge you to read our privacy statement
Secure Areas; Passwords
Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. Checkin Party is entitled to act on instructions received under your password. Checkin Party will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact Checkin Party. Checkin Party will not be responsible or liable for any unauthorized access to your personal information that is not the direct result of intentional conduct on the part of Checkin Party, or if you do not properly secure your password, or if you choose to share your password with anyone else. Checkin Party may block access to secure areas without prior notice if Checkin Party believes your password is being used by someone other than you or if any unauthorized access to your personal information has occurred, or may occur, or for other reasons.
questions/ coverage
At this time, on-line quotes may not be available for all states or provinces, products, services or coverage selections. For additional information about products, services or coverage selections otherwise offered by Checkin Party, please contact a Checkin Party customer support. For additional information, please contact a Checkin Party agents or managers in charge. It is your responsibility to ask any and all questions for clarification.
Ownership of Materials & Restrictions on Use
The information on this website, along with any materials (including, for example, press releases and product descriptions) is the copyrighted work of Checkin Party and is protected New Zealand and worldwide copyright laws, trademark laws, other federal and state laws, and treaty provisions. Checkin Party grants you permission to copy such materials so long as each copy: (i) is solely for informational, non-commercial use and is not modified or revised in any manner; (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original; and (iii) displays a statement that the materials are used solely with permission of Checkin Party. To seek permission for any other use, please contact Checkin Party.
Bulk E-mail and Other Prohibited E-mail
The Checkin Party computer network (which includes, but is not limited to, the technology and applications, which support the E-mail functionality Checkin Party provides its officers, employees, independent contractor agents, and other authorized users) is the private property of Checkin Party.
Checkin Party prohibits any bulk E-mail transmissions to be sent, or caused to be sent, over the Internet to Checkin Party E-mail addresses unless Checkin Party, through one of its officers, has specifically requested or authorized the sending of such bulk E-mail. For purposes of these Terms of Use, the word "bulk" shall mean an E-mail message, or group of identical or similar E-mail messages, sent to more than 20 different Checkin Party addresses in any 24-hour period. Checkin Party also prohibits any E-mail transmissions of the following types to be sent, or caused to be sent, over the Internet to more than 5 different Checkin Party E-mail addresses in any 24-hour period unless Checkin Party, through one of its officers, has authorized the sending of such E-mail: (1) commercial advertising; (2) informational announcements; (3) political or religious tracts; or (4) solicitations for funds or donations.
Checkin Party prohibits any E-mail transmission to be sent, or caused to be sent, over the Internet to any Checkin Partyproducts.com E-mail addresses if the E-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the E-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability.
Checkin Party prohibits any E-mail transmission to be sent, or caused to be sent, over the Internet to any Checkin Partyproducts.com E-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the E-mail.
Checkin Party prohibits the harvesting or collection of the E-mail addresses of Checkin Party agents and/or brokers and/or personal financial representatives from Checkin Party for the purpose of sending bulk E-mail to Checkin Party E-mail addresses.
Checkin Party reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, to prevent bulk or other prohibited E-mail from entering, utilizing or remaining within the Checkin Party computer network. Nothing in this policy is intended to grant any right to transmit or send E-mail to, or through, the
Checkin Party computer network. Checkin Party's failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Checkin Party's rights.
Links to Other Websites
This Site may contain links to other sites. Checkin Party provides links to other sites as a convenience to persons who visit the Checkin Party Site. If you choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with Checkin Party). Please be aware that Checkin Party is not responsible for the privacy practices of those sites, even though Checkin Party's name or logo may appear on those sites. We encourage you to be aware of that when you leave our Site and to read the privacy policies of each and every website that you visit, as the privacy policies of those sites may differ from ours. Our Privacy Statement applies solely to this Site. Checkin Party is not responsible for the contents of any linked site or any link contained in a linked site.
Links to Other Websites
Checkin Party appreciates your interest in linking your website (the "Linking Site") to Checkin Party's websites. In order to avoid misunderstandings regarding the use of Checkin Party's trademarks, trade names and other proprietary information, Checkin Party asks that you review and agree to the following guidelines:
1. Third parties are authorized to include active links on websites they control to direct a browser to Checkin Party's "home page" at http://www.Checkin Party.com. However, third parties may not include on their websites links to any other page maintained on Checkin Party unless they have received prior written permission of an officer of Checkin Party or unless the Linking Site is an Internet search engine.
2. Framing. Unless you have received specific written permission from Checkin Party, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any type of identification on (or in proximity to) content displayed on the Checkin Party website ("Checkin Party Content"), (b) alter or modify Checkin Party Content, or (c) "cut and paste" or otherwise reproduce Checkin Party Content on the Linking Site.
3. No Archiving. Your link must be to current Checkin Party only. In permitting linking, Checkin Party does not grant you the right to reproduce, modify, cache or archive the Checkin Party Content for any purpose.
4. Link At Your Own Risk. Checkin Party makes no representations or warranties regarding the Checkin Party, which are provided "as is." Linking Sites link to Checkin Party at their own risk. Checkin Party is under no obligation to maintain Checkin Party, provide or update Checkin Party Content or otherwise support your link to Checkin Party.
5. Termination. Checkin Party may revoke this license immediately if you fail to follow these guidelines. Checkin Party may revoke this license upon five (5) days notice without cause.
Reservation of Rights
Checkin Party reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Site, including the right to block access from a particular Internet address to the Site. Our policies regarding Privacy are incorporated into these Terms of Use by reference. Checkin Party does not intend to market any products or services to children and does not knowingly collect personal information from children. By using this Site, you represent that you are at least 18 years old. If you are under 18, do not use this Site.
Disclaimers
THIS WEBSITE IS PROVIDED ON AN AS IS BASIS. TO THE EXTENT PERMITTED BY LAW, Checkin Party DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY AND, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE. Checkin Party DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE Checkin Party SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PRODUCT TERMS, CONDITIONS, AND EXCLUSIONS NOT DESCRIBED IN THIS SITE MAY APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
YOUR USE OF THE THIS SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, Checkin Party DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS OR ERRORS IN OPERATION OR TRANSMISSION), EVEN IF Checkin Party IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdictional Statement
Access to this Site from territories where the content of this Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
These Terms of Use and all documents incorporated herein by reference constitute the entire agreement between Checkin Party and you with respect to this Site.
These Terms of Use shall be governed in all respects by the laws of the New Zealand, without reference to its choice of law rules. Any dispute concerning this Site shall be subject to the exclusive venue of a court of competent jurisdiction in the New Zealand.
Forward Looking Statements
This Site may contain forward-looking statements. Actual results may vary materially from those projected in the forward-looking statements. Please refer to Checkin Party's filings with the Securities and Exchange Commission.
Severability
If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.
Disclaimer of warranties
All information, products, content and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided "as is" and without warranties or representations of any kind, either express or implied. This means that Checkin Party expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, Checkin Party does not represent or warrant that: (i) the operation of the Site will be error-free or uninterrupted; (ii) defects will be corrected; (iii) the Site, any emails sent by Checkin Party, or the server that makes the Site available are free of viruses or other harmful devices; (iv) the Site will be available to you or that you will qualify for products or services offered; (v) the materials in the Site will be accurate as of any particular date; or (vi) the products or services offered through the Site are available outside of the New Zealand or in jurisdictions in which Checkin Party is not properly licensed. If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.
Limitation of liability
Checkin Party shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if Checkin Party has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of Checkin Party's gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data. If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that Checkin Party's total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
Jurisdiction, enforceability, and termination
These Terms of Use and your use of the Site are governed in all respects by the laws of the New Zealand, without giving effect to any principles of conflicts of laws. Any dispute concerning the Site or these Terms of Use shall be subject to the exclusive venue of a court of competent jurisdiction in the New Zealand.
In the event that a court of competent jurisdiction holds any provision of these Terms of Use to be invalid or unenforceable, then such provision shall be severable from and shall not affect the validity or enforceability of the remaining provisions. These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use without notice to Checkin Party by discontinuing all use of the information contained in the Site and destroying the materials you have obtained from the Site, including all related documentation and copies.
Checkin Party may terminate these Terms of Use and/or the products or services offered by Checkin Party at any time without notice to you if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must discontinue all use of the information contained in the Site and destroy the materials you have obtained from Checkin Party, including all related documentation and copies. Checkin Party is also entitled to terminate all or part of the Site at any time, without notice to you.