Welcome to the C.H.E.K Institute website, chekinstitute.com and the website of our online community CHEK Connect, www.chekconnect.com (the “Sites”). C.H.E.K Institute (“Company” or “we,” “our,” or “us”) owns or controls, and provides access to the Sites and related websites (this is true regardless of how the websites are accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through chekinstitute.com or www.chekconnect.com and that link to these terms and conditions (“the Terms”). Except as otherwise noted herein, these Terms govern your use of the Sites. Please read these Terms carefully. By accessing or using the Sites, registering for services offered on the Sites, or by accepting, uploading, submitting or downloading any information or products or content from or to the Sites, You agree to these Terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITES. We reserve the right to make changes to the Sites and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Sites because by visiting the Sites, you agree to accept any such changes.
Ownership of Content and Intellectual Property
The past, present and future Sites’ content (“Content”) is protected by applicable is protected by patent, trademark and/or copyright under United States and/or foreign laws and other proprietary rights (including, but not limited to, intellectual property rights) and is the property of Company, its parent, subsidiaries, affiliates, or its licensors. Content includes, without limitation, (a) layout, organization, information, graphics, text, images, audio, videos, designs, compilations, data, wallpaper, icons, characters, artwork, photographs, music, sound, messages, software, (b) advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; (c) any and all copyrightable material (including source and object code); (d) the coding or HTML used to generate the pages, graphics, images, layout or text, and (e) all other materials related to the Sites, including without limitation, the “look and feel” of the Site.
Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you.
As between you and the Company (or any other company whose marks appear on the Site), the Company is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Sites, and is the copyright owner or licensee of the Content on the Sites, unless otherwise indicated. The Company logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by the Company and may be registered in the United States and internationally.
Prohibited Use of Content and Proprietary Information
Except as otherwise provided on the site or in these Terms, you may not, directly or indirectly, use, download, upload, copy, print, display, perform, reproduce, sell, lease, rent, exchange, rearrange, create a derivative work, publish, modify, delete,add to, license, post, transmit, or distribute any Content or Proprietary Information from this Sites in whole or in part, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder without the specific prior written permission of the Company. You agree to abide by any and all applicable laws, and any copyright notices, information, or restrictions contained in any part of the Web Sites. Copying, archiving or storing any part of the Site for a purpose that is not permitted by these Terms is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Site.
You agree not to display or use the Company Intellectual Property in any manner without the Company’s prior permission. Nothing on the Sites should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of the Company.
Limited Revocable License
We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Sites, including, but not limited to, the Materials and Content on the Sites as well as features and/or hours of availability of the Sites, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Prohibited Uses of Site
The Sites may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products or services, providing information to the Sites, and downloading product information or approved content for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Sites.
The Company specifically prohibits any use of the Sites, and requires all users to agree
not to use the Site, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that that encourages, promotes, solicits or commits conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing, posting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
- Attempting to interfere in any way with the Site’s or the Company’s networks or network security, or attempting to use the Sites’ service to gain unauthorized access to any other computer system;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any material that is false, unlawful, threatening, tortious, disparaging including disparaging of Company, its parent, subsidiaries or affiliates);
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting anything that adversely affects Company’s business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable in Company’s sole discretion;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting material of any kind that contains a virus, Trojan horse, time bombs, worms, spyware, bots, any automated use of the system, such as scripts, or other harmful component or restricts or inhibits any other user’s uninhibited use and enjoyment of the Site, interferes with or disrupts the Sites or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting information or material of any kind that constitutes or contains false or misleading indications of origin or statements of fact, including, without limitation, by forging any TCP/IP packet header, any part of the header information in any transmission to the Sites, or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to the Sites;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” requests for money, petitions for signature, or any other form of solicitation;
- Communicating, transmitting, uploading, promoting, displaying, emailing, distributing or posting otherwise make available any material that exploits or harms any individual, corporation or other entity;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Web Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Stalk, abuse, sexually exploit, violently exploit, act violently toward or otherwise harass another user;
- Use or attempt to use another’s information, account, password, service or system except as expressly permitted; or
- Solicit or collect personal data including telephone numbers, addresses, last names, or email addresses, about other users.
You represent, warrant and agree that you will comply with the above Prohibited Use Policy.
Violations of system or network security may result in civil or criminal liability. The
Company will investigate occurrences and may involve, and cooperate with, law
enforcement authorities in prosecuting any user or users who are involved in such
violations. You are prohibited from violating or attempting to violate the security of the
Site, including, without limitation, the following:
- Accessing data not intended for you or logging into a Company server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Sites;
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.
- You represent, warrant and agree that you will comply with the above Security Rules.
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: [email protected]
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 whatsoev