Introduction

Welcome to Checkpeople.com! CheckPeople, LLC ("CheckPeople" or "Company") recommends that you read the following terms and conditions carefully. By accessing or using the Checkpeople.com website, including any software or mobile applications made available by CheckPeople (together, the "Website" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between CheckPeople and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.

Please take some time to review the Agreement you are entering into. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Service, and you must immediately cease accessing or using the Service.

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.

Privacy Policy

By using the Service, you represent and warrant that you have read and understood, and agree to be bound, by this Agreement and CheckPeople's Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available here. CheckPeople encourages you to frequently check the Privacy Policy for changes.

Eligibility

By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

Prohibited Uses of the Service; FCRA Compliance

CheckPeople is required to obtain your agreement to each of the following provisions in order to provide the Services in a legally-compliant manner and to comply with requirements of its third party information providers. In the event of any conflict between the following provisions and the remainder of this Agreement, these Section 4 provisions will govern.

You understand that content and data provided on or through CheckPeople’s Websites and/or Mobile Apps (collectively or singly, “Content”) is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that CheckPeople’s products and Services should not be relied upon as accurate, timely or complete.

You understand that CheckPeople’s products and Services contain sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information and Content. You further agree that you are solely responsible for complying with all applicable laws.

By submitting and “signing” (including an electronic or digital signature, such as clicking an “I accept” button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) this Agreement, you agree that you have: (a) fully read this Agreement in its entirety; (b) understood all of the terms and conditions of this Agreement; (c) honestly and fully answered all questions asked of CheckPeople; and (d) agreed to be fully bound by this Agreement.

Any unauthorized use of CheckPeople’s Website, Mobile App, and/or its Content is expressly prohibited.

The Content provided on this Website or Mobile App is for your personal use only and not for commercial exploitation.

You understand that CheckPeople is not a consumer reporting agency, and CheckPeople’s products and Services do not constitute a “consumer report,” as defined by FCRA. CheckPeople’s products and Services may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following:

• Credit and/or loans
• Employment
• Education, scholarships or fellowships
• Tenant, housing or other accommodations
• Benefits, privileges or services provided by any business establishment
• To spy on or stalk people
• To commit identity fraud or theft

For all other uses, bear in mind that a background report is no substitute for due diligence and common sense, particularly when it comes to communicating with or meeting third parties in person. For additional information and common examples of prohibited and allowable uses of the Service, see our Do’s and Don’ts page, which is incorporated herein by reference.

Additionally, CheckPeople’s products and Services may not be used for any of the following purposes:

• To physically or emotionally injure or harm any person or entity (e.g. stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity).
• To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual.
• To use CheckPeople’s products and Services or information derived from CheckPeople’s products and Services in combination with any purpose or personal information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act (COPPA), and/or all similar laws on the state level.
• To seek information about, locate, or harm individuals under the age of 18 years.
• To obtain personal information pertaining to famous people, government officials, or election candidates.
• In connection with credit repair or credit counseling services.
• For marketing purposes or for commercial credit origination.
• To use or otherwise export or re-export Content in violation of the export control laws and regulations of the United States of America.

Neither this Agreement nor the license granted to you may be assigned, transferred, or sublicensed by you, in whole or in part.

CheckPeople’s products and Services may only be accessed from within the United States.

You must not share your username and/or password. CheckPeople’s products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.

You will not access, retrieve any data from, or otherwise perform any other activities on or through CheckPeople’s Websites or Mobile Apps using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders).

CheckPeople and its third-party information providers do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of CheckPeople’s products and Services. CheckPeople and its third-party information providers shall not be liable for, and you agree not to sue for, any claim relating to CheckPeople's procuring, compiling, collecting, interpreting, reporting, communicating, or delivering CheckPeople’s products and Services.

CheckPeople may audit your use of CheckPeople’s products and Services. You agree to cooperate and to provide CheckPeople all documentation reasonably requested relating to your account.

CheckPeople’s and its third-party information providers’ entire liability to you is limited to direct damages not exceeding the fee paid by you for the CheckPeople products and Services obtained or the cap on damages provided in this Agreement, whichever is lower. CheckPeople and its third-party information providers shall not be liable for any other damages, costs or expenses whatsoever.

Third party information providers shall have the same rights to indemnification that CheckPeople does, which shall be no less than the following standard: You agree to indemnify, defend and hold CheckPeople, its officers, directors, employees, agents, licensors, suppliers and any of CheckPeople’s third party information providers (“Indemnified Parties”) harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or arising from or related to any postings uploaded or submitted by you.

The provisions of this Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of CheckPeople and the Indemnified Parties. Each of CheckPeople and the Indemnified Parties shall have the right to assert and enforce those provisions directly against you on their or its own respective behalf.

The terms in this Agreement relating to disclaimer of warranties, access and use of CheckPeople’s products and Services, audit, limitation of liability, indemnification, release of claims, and payment for CheckPeople’s products and Services shall survive any termination of this Agreement.

You agree that any breach by you of your agreements with CheckPeople would cause CheckPeople and the Indemnified Parties irreparable harm and that, in addition to money damages, CheckPeople and the Indemnified Parties shall be entitled to injunctive relief, without having to post a bond.

You will not use CheckPeople’s products and Services for the purposes prohibited in this Agreement. Any misuse of CheckPeople’s products and Services will be the basis for immediate suspension of services, termination of your account or membership, and/or legal action.

You must accept this Agreement and agree to amend or resubmit this Agreement if information supplied by you changes.

Payments & Subscription Plans

Payments

You acknowledge and agree that CheckPeople reserves the right to charge for access to the Website and use of the Services. All transmissions of payment information between you and the Website are secured with Internet-standard SSL and HTTPS encryption. We collect your name, address, and payment information to process your order.

Payments to CheckPeople will appear on your credit or debit card statement with the following descriptor:

CHECKPEOPLE*8002672122
CHECKPEOPLE.COM
CheckPeople.com

Pre-authorization Charge

Due to increased instances of fraud, CheckPeople may run a pre-authorization of your card wherein a temporary charge is placed on the card and subsequently removed. If you check your account balance within the authorization window, you may see the temporary charge. THE PREAUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD; HOWEVER, THE CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT LIMIT OR AVAILABLE FUNDS. FOR FURTHER INFORMATION CONTACT YOUR CREDIT CARD ISSUER OR BANK FOR FURTHER DETAILS.

Refunds

Due to the nature of the Service, refunds are only issued on a case-by-case basis. If you are ever unsatisfied, please give us a call at 1-800-267-2122 and we will work with you to resolve your concerns.

If you are issued a refund, it will be posted to your original payment account within 10 business days.

Reversals and Chargebacks

CheckPeople considers chargebacks and reversals as potential cases of fraudulent use of our goods and services and/or theft of goods and services and will be treated as such. CheckPeople reserves the right to investigate further and file complaints with the appropriate local and federal authorities. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of our goods and services.

Product Subscription Plans

CheckPeople offers three subscription plans that enable you to conduct recurring or unlimited searches, according to the terms of the subscription plan selected by you at the time of purchase. You must be at least eighteen (18) years of age to join the Website as a subscriber. If you chose to enroll in a subscription plan, you understand and agree that, in addition to your first purchase, your credit or debit card on file will be charged for additional subscription periods (e.g., once per month) without obtaining further permission or confirmation from you. In other words, subscription plans renew automatically unless cancelled in advance of the next payment period by you. Please pay attention to the payment terms and disclosures provided during the order process for your subscription plan. CheckPeople may reject and/or terminate your account at any time and for any reason, in CheckPeople’s sole discretion.

Changes and Cancellation. To change or cancel a subscription plan, you may either call us at 1-800-267-2122 or email us at [support@checkpeople.com]. Changes and cancellations must be made at least three (3) days before your credit or debit card is charged for the next payment period.

Changes in Subscription Fees. It may be necessary for CheckPeople to change the fees and charges in effect, including for any subscription plan, and CheckPeople reserves the right, in its sole discretion, to lower your fees or switch your subscription plan to a lower package rate so long as it has the same features and service level. CheckPeople will not increase rates for your subscription plan.

Billing Errors. If you believe that you have been erroneously billed, you may contact us at [support@checkpeople.com] to immediately notify us of such error.

Taxes. All orders and subscription plans are subject to applicable taxes in the states where the member resides.

Changes to Terms and Privacy Policy

Internet technology and the applicable laws, rules, and regulations change frequently. CheckPeople reserves the right to change this Agreement and its Privacy Policy, in whole or in part, at any time upon notice to you (including by posting a new version or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Service. Unless CheckPeople obtains your express consent, any revised Privacy Policy will apply only to information collected by CheckPeople after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

License

Subject to your compliance with these Terms of Service, CheckPeople grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the CheckPeople websites (located at the following URLs: Checkpeople.com), and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of CheckPeople. All rights not expressly granted in this Agreement are reserved by CheckPeople. Without limitation, this Agreement grants you no rights to the intellectual property of CheckPeople or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of CheckPeople, you have breached any provision of this Agreement.

No Reliance on Third Party Content

Opinions, advice, statements, or other information made available through the Service by third parties (including, without limitation, all information in any report obtained through the Service) are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. CheckPeople does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will CheckPeople be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.

Assumption of Risk; Release

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify CheckPeople and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

User Account, Accuracy, and Security

User Account

To access and use certain parts of the Service, you may be asked to create a user account ("Account"), and to provide information that personally identifies you ("Personal Information"). You represent and warrant that all user information you provide in connection with your Account and your use of the Service is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy by updating your personal Profile. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or Profile) to willfully and credibly impersonate another person, whether actual or fictitious. If CheckPeople believes in its sole discretion that the information you provide is not current, complete, or accurate, CheckPeople has the right to refuse you access to the Service, or to terminate or suspend your access at any time, or both. For additional information, see CheckPeople's Privacy Policy.

Account Security

You will be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Service. You agree to notify CheckPeople immediately of any unauthorized use of your Account. CheckPeople shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by CheckPeople, its affiliates, officers, directors, employees, consultants, agents, and representative’s due to someone else's use of your Account.

Removing Your Information

If you would like to remove your information from our Website, please visit https://checkpeople.com/do-not-sell-info or contact us at 1-800-267-2122.

Consent to Receive Electronic Communications from Company

By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from CheckPeople, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by Contacting Us. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

Third Party Websites

The Service may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with CheckPeople and some of whom may not. CheckPeople does not have control over the content and performance of Third-Party Websites. CheckPeople has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, CheckPeople does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. CheckPeople disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.

Prohibited Conduct

In addition to the prohibitions outlined in Section 4, which specifically address prohibited records searches, CheckPeople imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to CheckPeople or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) scraping, harvesting or otherwise collecting information from the website, including teaser information and information about users; (e) without express written permission from CheckPeople, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Service.

Intellectual Property

You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Trademarks

CheckPeople and the CheckPeople logo (collectively, the "Company Marks") are trademarks or registered trademarks of CheckPeople. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of CheckPeople, and you agree to assign, and do assign, all such goodwill to CheckPeople. You shall not at any time, nor shall you assist others to, challenge CheckPeople's right, title, or interest in, or the validity of, the Company Marks.

Copyrights

All content and other materials available through the Service, including without limitation the CheckPeople logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by CheckPeople or are the property of CheckPeople's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.

Disclaimers, Limitation of Liability

No Warranties

CheckPeople, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither CheckPeople nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. CheckPeople disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. CheckPeople shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of CheckPeople, Company Parties, or CheckPeople users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Service is at your sole risk. You will not hold CheckPeople or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall CheckPeople or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to CheckPeople or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between CheckPeople and you. The Service would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and CheckPeople or between you and any of CheckPeople's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. CheckPeople's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in section.

Indemnification

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless CheckPeople and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to CheckPeople, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and CheckPeople, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to CheckPeople or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Sections 4 and Sections 13 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

Dispute Resolution

Binding Arbitration

If you and CheckPeople cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the CheckPeople agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against CheckPeople, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If CheckPeople initiates arbitration against you, CheckPeople shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and CheckPeople agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and CheckPeople will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Restrictions Against Joinder of Claims

You and CheckPeople agree that any arbitration shall be limited to each Claim individually. You and CheckPeople agree that each may only bring claims against the other in your or CheckPeople's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or CheckPeople from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or CheckPeople from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Orlando, Florida.

Venue for any Judicial Proceeding

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Santa Clara, California. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

Termination

By Company

Without limiting any other provision of this Agreement, CheckPeople reserves the right to, in CheckPeople's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by CheckPeople.

By You

You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to CheckPeople notice of your intention to do so, in the manner required by Section 19.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, CheckPeople may, but has no obligation to, in CheckPeople's sole discretion, rescind any services and/or delete from CheckPeople's systems all your Personal Information and any other files or information that you made available to CheckPeople or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.

After termination, CheckPeople reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except the following Sections will survive any termination of this Agreement: Sections 1-4, 7-9, and 11-20.

About Use; Notices

The Website and Service are provided by:

CheckPeople, LLC
111 N Orange Ave - Suite 800
Orlando, FL 32801
1-800-267-2122

All notices required or permitted to be given under this Agreement must be in writing. CheckPeople shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to CheckPeople. You agree that any notice received from CheckPeople electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with CheckPeople is accurate and current, and notice to you shall be deemed effective upon the sending by CheckPeople of an email to that address. You shall give any notice to CheckPeople by submitting said notice to us through our Contact Us form.

General

Entire Agreement. This Agreement constitutes the entire agreement between CheckPeople and you concerning your use of the Service.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of CheckPeople, or by the unilateral amendment of this Agreement by CheckPeople along with the posting by CheckPeople of that amended version.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of CheckPeople. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and CheckPeople are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: Company Parties, Indemnitees, and CheckPeople's licensors and suppliers (to the extent expressly stated in this Agreement).

Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to CheckPeople and CheckPeople's licensors and suppliers, and would therefore entitle CheckPeople or CheckPeople's licensors or suppliers, as the case may be, to injunctive relief.

Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.