Products or Services
The Site currently provides users with access to information and education, which may include without limitation, products, services, interactive forums, articles, videos, & podcasts. Unless explicitly stated otherwise, any new features that augment or enhance the Site, including the release of new or specialized Company web-based services or products, are automatically subject to these Terms. In some instances, both these Terms and a separate end-user license or similar agreement will apply to a service or product offered by Company and/or the Site. We may add, change, remove, suspend or discontinue any aspect of the Site at any time without notice. We may also impose limits on certain features and services or restrict access to parts of or all of the Site without notice or liability. In order to use the Sites, you must obtain access to the Internet, either directly or through devices that access webbased content, and pay any service fees associated with such access. In addition, you must provide all equipment and technology necessary to make such connection to the Internet (e.g., personal computer, modem, cell phone, other access device, etc.).
Product and Pricing Information
Although the Company has made every effort to display our products (and sizes and colors, if applicable) as accurately as possible, the displayed colors and dimensions of the products will depend upon the monitor of the user, and the Company cannot guarantee that the user’s monitor will accurately portray the actual colors or appearance of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change without notice to you. The Company is not responsible for typographical errors regarding price or any other matter.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes through this site. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right in our sole discretion to cease doing business with those customers that we suspect are violating this policy. We may modify this policy at any time without prior notice. This limits on purchases policy applies to all purchases made via our Site, through affiliates, through links on Other Sites, or at live events.
Links To Other Web Sites
Any web site that links to the Sites: (a) must not frame or create a browser or border environment around any of the Content of the Sites; (b) may link to, but not replicate, the Content; (c) must not imply that Company or the Site is endorsing or sponsoring it or its products, unless Company has given its prior written consent; (d) must not present false information about Company or its products or services; (e) must not use any Company trademarks without the prior written permission from Company; (f) must not contain content that could be construed as distasteful, offensive or controversial; and (g) must not engage in behavior specifically prohibited by these Terms. By linking to any part of the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to deny permission to link to the Site for any reason in our sole and absolute discretion.
Registration for Access to Portions of Sites
When Terms Control and End-User License Agreements
The Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements or they may be governed by law in your jurisdiction. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest or promotion.
Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ß 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company’s copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
- By mail: C.H.E.K Institute, 380 South Melrose Drive, Suite 415, Vista, CA 92081, USA
- Attn: Webmaster
- Ph: 800.552.8789
- E-mail: firstname.lastname@example.org
We reserve the right to terminate the accounts of users who (in our reasonable discretion) are infringers or repeat infringers.
Third Party Content and Information
The Sites contains Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions, which may be found on the Sites or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third party advertisers may offer goods, services and other materials to you on the Sites. Your correspondence and business dealings with others found on or through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that Company will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Sites. Under certain circumstances, we may permit third-party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Site do not imply endorsement of that product, service or publication.
Information You Submit
In the course of your use of the Sites, you may be asked to provide certain information to
us. You acknowledge and agree that you are solely responsible for the accuracy and content of such information. If you respond to the Company with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of the Company, and your submission of information shall constitute an irrevocable assignment to the Company of all worldwide rights, titles and interests in and to such information. The Company will not be liable for any use or disclosure of such information. The Company will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. The Company will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
From time to time, the Site may contain or describe functionality or other methods through which you can upload or otherwise submit information, data, software, messages, photographs, audio, video, text and other materials to the Sites (“Your Upload Information”). For example, the Sites may offer forums, bulletin boards, wiki, chat rooms or other interactive areas (“User Forums”). Company, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. Company reserves the right, but is not obligated, to post, delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. Company reserves the right to suspend or terminate your access to the Site and pursue all legal remedies if we believe your Upload Information violates these Terms, infringes another’s copyright or otherwise violates any law, rule or regulation.
You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not Company, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Site. If you post personal information in User Forums or on other publicly available areas of the Site, then you may receive unsolicited messages from third parties. Company cannot ensure the security of any information you post on publicly available areas of the Site. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to Company under the terms of these Terms; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the Terms or any User Agreement.
You further agree that Company, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness, biographical information, logos, marks, trade names or other identifying information, or other information provided or obtained, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for purpose of advertising or promoting Company, its products and/or services or developing, manufacturing and marketing products using Your Upload Information. Without limiting the foregoing, the licenses you grant Company in these Terms permit Company to publicly display, publicly perform, distribute, and reproduce Your Upload Information, in whole or in part, alone or with other material on or via the Internet, including without limitation, any Company-authorized online and offline receiving and playback devices, by any means of transmission now known or hereafter devised.
You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Company, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted through the Site or otherwise, and may alternatively choose to discard, and limit or block access to Your Upload Information without any liability whatsoever.
You acknowledge and agree that Company may have access to, create or have created literary materials and ideas which may be similar or identical to Your Upload Information in theme, idea, plot or format or in other respects. Accordingly, and without limiting other provisions in these Terms, by submitting Your Upload Information, you agree to waive any claims you may have against Company for copyright infringement, breach of confidence, theft of ideas, violation of trade secrets or any other action in contract or tort.
You acknowledge that the Site, through Company, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since Company, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in Your Upload Information.
If Your Upload Information is submitted to Company on physical media, such media will not be returned and will become the property of Company.