Terms & Conditions

1. RULES OF ENGAGEMENT

This website, CheckIT Learning (the “Site”) is owned and operated by CheckIT Learning LLC. (Referred to as “CheckIT Learning”, “we”, “us”, or “our”) PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  By using this site, you (referred to as User, “company”, “he”, “she”, “his”, “her”, “your”)  agree to these terms  the right, at our direction, to change, modify, add, or remove portions of the Terms at any time.  Please check these terms periodically for changes.  Your continued use of the Site following the posting of changes to the Terms will mean you accept those changes.

2.  THE SITE

The Site, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs, and other material and information contained on, or utilized in the provision of the Site is the property of CheckIT Learning or its content suppliers and is protected by copyrights, trademarks, trade secrets, patents, and any other proprietary rights.  CheckIT Learning hereby grants you a limited, nonexclusive, non-transferrable organizational and/or personal license to use the Site for personal or informational purpose only.  Except as expressly authorized by CheckIT Learning in writing, you may not use, copy, distribute, modify, or create derivative works from, disclose, display, transmit, or post any portion of the Site for any purpose.  All rights not expressly granted herein are reserved by CheckIT Learning and/or its licensors.

To use certain features of the Site or participate in certain activities sponsored by CheckIT Learning, we might ask you to register as a User or participant.  If requested, each Site User must: (1) personally provide true, accurate, current, and complete information on the Sites registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current, and complete.  If, after investigation, CheckIT Learning has reasonable grounds to suspect that any User’s Registration Data is untrue, inaccurate, not current, or incomplete, CheckIT Learning may suspend or terminate and all present or future use of the Site by that User.

A User may receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

3.  YOUR SUBMISSIONS

The Site may include access to or use of User training materials, academic material and assignments, blogs, and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether publicly posted or privately transmitted to CheckIT Learning or the Site, shall be collectively referred to the “Content.”  The submitting User retains ownership of Content.  Notwithstanding the User’s ownership of the Content, the submitting User grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable, world-wide license, to CheckIT Learning to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or in part) on the Site.  CheckIT Learning has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity, or completeness.  CheckIT Learning shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers  violates the Terms or be otherwise illegal.  CheckIT Learning, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate, or to protect the rights, property, or personal safety of Site Users and the public.

4.  PRINCIPLES OF PARTICIPATION

In order to maximize the User experience at the Site, we ask you to follow these rules: (a) you shall not upload to, distribute, or otherwise publish through the Site any Content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or public rights, abusive, illegal, or otherwise objectionable, that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any state or federal law; (b) you shall not use the Site in any manner that could be offensive to the CheckIT Learning online community, including but not limited to posting Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or that could be harmful to minors, or that harasses or advocates harassment of another person; (c) you will use this Site only in a manner consistent with all laws and regulations, state or federal, and in accordance with the Terms; (d) you will not impersonate any person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from CheckIT Learning for any purpose; (e) you will only submit Content for which you have the copyright or other specific permission to distribute electronically; (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicly, or proprietary rights; and (g) you shall not, without our express written approval, distribute, or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services.

5.  CHILDREN

The site is not intended for use by children without the express and written authorization of a parent or guardian.  If you are under the age of thirteen (13), you may not submit or post any information or material on the Site or otherwise provide such information to CheckIT Learning, including but not limited to personally identifiable information without the express and written authorization of a parent or guardian.

6.  TERMINATION

CheckIT Learning may terminate a User’s ability to use the Site in CheckIT Learning’ absolute discretion and for any reason.  CheckIT Learning is likely to terminate your use of the Site for reason that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of Site resources or attempting to gain unauthorized entry into the Site; or (3) as required by law, regulation, court or governing authority, state or federal.  CheckIT Learning termination of any User’s access to the Site may be affected without notice and, on such termination, CheckIT Learning may immediately bar any further access to the Site.  CheckIT Learning shall not be liable to any User or other third party for any termination of that User’s access to the Site.  In the event of termination, CheckIT Learning reserves the right to delete, or not delete a User’s Content at CheckIT Learning’ sole discretion.

7.  LINKS

The Site may provide links to other websites.  CheckIT Learning exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products, or other materials on such websites, including information, material, products and services therein, is solely at your own risk.

8.  RESPONSIBILITY FOR USE; LIMITATIONS OF LIABILITY

CheckIT Learning does not control the Content posted to the CheckIT Learning Sites and, as such, does not guarantee the accuracy, integrity, or quality of such Content.  Under no circumstances will CheckIT Learning be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted or displayed via the Site.  Each User must evaluate, and bear all risks associated with the use of the Site and any Content, including any reliance on the accuracy, completeness, timeliness, integrity, or usefulness of the Site or any such Content.

Each User shall indemnify, defend and hold harmless CheckIT Learning from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of that User’s acts or omissions, including claims arising out of that User’s use of the Site; a company or his or her submission, posting or transmission of Content or a company violation of the Terms.

EACH USER’S USE OF THE SITE IS AT HIS OR HER SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  CHECKIT LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  CHECKIT LEARNING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RESULTING FROM ANY USER’S USE OR INABILITY TO USE THE SITE.  IN NO EVENT SHALL CHECKIT LEARNING TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $10.00.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.  TRADEMARK INFORMATION

“CheckIT Learning”, CheckIT Learning, Inc.”, and “CheckIT Learning” are trademarks of CheckIT Learning.  All other marks, names, and logos mentioned on the CheckIT Learning or CheckIT Learning sites are the property of their respective owners.  Your use of the CheckIT Learning trademarks and other marks, names, and logos set forth on the Site without prior written consent is strictly prohibited.

10. PRIVACY

CheckIT Learning agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at https://www.checkitlearning.com/ or by sending an email request to: contact@checkitlabs.com 

11. GENERAL INFORMATION

The Terms constitute the entire agreement between each User and CheckIT Learning and govern each User’s use of Site, superseding any prior agreements.  The Terms and the relationship between each User and CheckIT Learning shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin or Ramsey County, Minnesota, United States of America.  CheckIT Learning makes no representation that materials in the site are appropriate or available for use in other locations.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extend local laws are applicable.  If any provision of the Terms 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 remain in full force and effect.  Nothing herein shall be deemed to create an agency, partnership, joint venture, employer/employee or franchisor/franchisee relationship of any kind between CheckIT Learning and any User.