ACCEPTING THE TERMS
By using the information, tools, features and functionality located on checkpointwristbands.com, through any Checkpoint Wristbands APIs, or through any software or other websites that interface with checkpointwristbands.com or its APIs (collectively the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (meaning you merely browse the checkpointwristbands.com website) or you are a "Member" (meaning you have registered with Checkpoint Wristbands). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.
All content included on checkpointwristbands.com, such as text, copy, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Checkpoint Wristbands and protected by United States and international copyright laws. Reproduction of the content of checkpointwristbands.com without the written permission of Checkpoint Wristbands is prohibited.
Checkpoint Wristbands™, the Checkpoint Wristbands logo, the Checkpoint Wristbands “K”, and other Checkpoint Wristbands graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Checkpoint Wristbands or its subsidiaries. Checkpoint Wristbands' trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Checkpoint Wristbands’, in any manner without Checkpoint Wristbands’ permission. All other trademarks not owned by Checkpoint Wristbands or its subsidiaries that appear on checkpointwristbands.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Checkpoint Wristbands or its subsidiaries.
ACCESS AND SERVICES
In consideration for accessing checkpointwristbands.com and the Service, Checkpoint Wristbands grants you a limited license to access and make personal use of the website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Checkpoint Wristbands. This license does not allow resale of Checkpoint Wristbands’ services without Checkpoint Wristbands’ written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of checkpointwristbands.com without express written consent of Checkpoint Wristbands. You may not use any “meta” tags or any other "hidden text" utilizing Checkpoint Wristbands’ name or trademarks without the express written consent of Checkpoint Wristbands. Any unauthorized use automatically terminates the permission or license granted by Checkpoint Wristbands and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Checkpoint Wristbands’ proprietary graphics or trademarks as part of the link without express written permission.
ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Checkpoint Wristbands reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to checkpointwristbands.com and the Checkpoint Wristbands Service.
FEES AND CELLULAR NETWORK CARRIER
You May Be Charged A Fee for Message Transmission And Delivery By Your Cellular Network Carrier. You understand and acknowledge that your use of the text messaging service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees they may charge, including but not limited to fees for text messaging, data use or internet access. Any and all fees are your sole responsibility.
As a user of our services, you agree to the following:
THE TEXT MESSAGING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CHECKPOINT WRISTBANDS DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CHECKPOINT WRISTBANDS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITYOF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYEDOR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.
NEITHER CHECKPOINT WRISTBANDS NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE TEXT MESSAGING SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF CHECKPOINT WRISTBANDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RECORDS OF SITE VISITOR USE AND ABUSE
As a visitor to checkpointwristbands.com and a user of the Checkpoint Wristbands Service, you consent to having your Internet Protocol address recorded and your activities monitored to prevent abuse.
RECORDS OF YOUR VISITORS
As part of the Checkpoint Wristbands Service, we may choose to monitor the traffic of incoming and outgoing text messages. In doing so, you acknowledge that Checkpoint Wristbands acts as your limited agent to you for the purpose of providing Internet data and text messaging relay services. You acknowledge that it is your responsibility to ensure that the use of Checkpoint Wristbands’ Service is permitted under the laws of your jurisdiction and you agree to indemnify and hold Checkpoint Wristbands harmless if your use of the Service is in violation of local law. You agree to indemnify and defend Checkpoint Wristbands from and against any and all claims stemming from your failure to comply with this provision and/or your failure or refusal to abide by the terms and provisions of any applicable privacy policies. You acknowledge that Checkpoint Wristbands may use this data to improve its service or enable other services (e.g., using visitor traffic logs or data posted through the service to detect threats so as to stop future attacks).
LIMITATION ON INFORMATION STORAGE
You acknowledge that Checkpoint Wristbands’ Service is offered as a platform to temporarily store and serve text and or images and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose of hosting text characters and or images as viewed through a web browser or other application and the Hypertext Markup Language (HTML) protocol or other equivalent technology or as viewed through a mobile phone device or any other Internet-capable or Internet-ready device. Checkpoint Wristbands’ Service is also a shared service, which means a number of customers' text and or images are stored and or transmitted from the same server. To ensure that Checkpoint Wristbands’ Service is reliable and available for the greatest number of users, a customer's usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of Checkpoint Wristbands’ Service is to relay a limited amount of content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Checkpoint Wristbands’ sole discretion, you are deemed to have violated this section, or if Checkpoint Wristbands, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Checkpoint Wristbands’ systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Checkpoint Wristbands may suspend or terminate your account without notice to or liability to you.
Checkpoint Wristbands reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Checkpoint Wristbands’ benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Checkpoint Wristbands’ sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, Checkpoint Wristbands may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against Checkpoint Wristbands for such action, including but not limited to any disruption to your website. You acknowledge that Checkpoint Wristbands may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complaintants who have filed complaints with us.
You agree to indemnify and hold Checkpoint Wristbands, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
CHECKPOINTWRISTBANDS.COM, THE CHECKPOINT WRISTBANDS SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY CHECKPOINT WRISTBANDS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKPOINT WRISTBANDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CHECKPOINTWRISTBANDS.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON CHECKPOINTWRISTBANDS.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF CHECKPOINTWRISTBANDS.COM, THE CHECKPOINT WRISTBANDS SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHECKPOINT WRISTBANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CHECKPOINT WRISTBANDS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF CHECKPOINTWRISTBANDS.COM, THE CHECKPOINT WRISTBANDS SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CHECKPOINT WRISTBANDS MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT CHECKPOINTWRISTBANDS.COM, THE CHECKPOINT WRISTBANDS SERVICE, ANY DOWNLOADABLE SOFTWARE, THE CHECKPOINT WRISTBANDS SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHECKPOINT WRISTBANDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE CHECKPOINTWRISTBANDS.COM, THE CHECKPOINT WRISTBANDS SERVICE, OR CHECKPOINT WRISTBANDS DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Checkpoint Wristbands’ policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Checkpoint Wristbands may, under certain circumstances and without prior notice, immediately terminate your Checkpoint Wristbands account, any associated email address, and access to checkpointwristbands.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Checkpoint Wristbands’ sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with checkpointwristbands.com and associated Services. Further, you agree that all terminations for cause shall be made in Checkpoint Wristbands’ sole discretion and that Checkpoint Wristbands shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Checkpoint Wristbands set forth in Paragraphs 2, 3, 4, 8, 9, 11, 12, 13, 23, 24, 25 and 26 shall survive such termination.
Checkpoint Wristbands is a pass-through service and, at most, caches content for a limited period in order to provide pertinent information created by its Members. Checkpoint Wristbands automatically removes content from our servers when it has been removed by our customer or at the sole discretion of Checkpoint Wristbands.
Checkpoint Wristbands may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on checkpointwristbands.com. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
The Service may provide, or third parties may provide, links to other websites or resources. Because Checkpoint Wristbands has no control over such sites and resources, you acknowledge and agree that Checkpoint Wristbands is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Checkpoint Wristbands shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content.
Checkpoint Wristbands shall be permitted to identify you as a customer, to use your name in connection with proposals to prospective customers, to hyperlink to your account page, to display your images on the Checkpoint Wristbands’ web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
The failure of Checkpoint Wristbands to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SEVERABILITY OF TERMS
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Checkpoint Wristbands account is non-transferable except with the written consent of Checkpoint Wristbands.
TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of checkpointwristbands.com must be filed within one year after such claim or cause of action arose or be forever barred.
By visiting checkpointwristbands.com, you agree that the laws of the United States and, specifically, those of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Checkpoint Wristbands or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Monroe County, New York, USA.
In the case of any disputes under this Agreement, the parties shall first attempt in good faith to resolve their dispute informally, or by means of commercial mediation, without the necessity of a formal proceeding.
Any controversy or dispute arising out of or relating to this Agreement, or the breach thereof, which cannot otherwise be resolved as provided above shall be resolved by arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") and judgment upon the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed by the parties, or in the absence of such agreement within thirty (30) calendar days from the first referral of the dispute to the AAA, designated by the AAA. The place of arbitration shall be Rochester, New York, U.S.A., unless the parties shall have agreed to another location within fifteen (15) calendar days from the first referral of the dispute to the AAA. The arbitral award shall be final and binding. The parties waive any right to appeal the arbitral award, to the extent a right to appeal may be lawfully waived. Each party retains the right to seek judicial assistance: (i) to compel arbitration; (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, and (iv) to enforce any decision of the arbitrator, including the final award.
The arbitration proceedings contemplated by this Section shall be as confidential and private as permitted by law. To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar disclosures required by law.
The authoritative version of Checkpoint Wristbands’ Terms of Service is available at: www.checkpointwristbands.com/terms. While translations of these terms may be provided in multiple languages for your convenience, the English language version hosted at the link above is binding for all users of checkpointwristbands.com, the Checkpoint Wristbands Service, and any Checkpoint Wristbands Downloadable Software.
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
This document was updated August 28, 2013