Chek Call Terms of Service

Effective Date: May 1, 2018

These Chek Call Terms of Service (the “Terms of Service”) describe the terms pursuant to which Chek Call / Centroid Logistics Solutions, LLC (“Chek Call” “we” or “us”) offers you access to the Chek Call website located at chekcall.com and the services and tools (including, but not limited to, mobile and other software applications) related to the Sites (collectively, the “Service”). These Terms of Service apply when you access, visit, or use the Service. 

DISTRACTED DRIVING AWARENESS. DISTRACTED DRIVING IS VERY DANGEROUS. ALWAYS DRIVE IN ACCORDANCE WITH TRAFFIC LAWS AND IN A MANNER THAT IS APPROPRIATE AND SAFE FOR ROAD AND TRAFFIC CONDITIONS. ANY INTERACTION WITH THE SERVICE WHILE OPERATING A MOTOR VEHICLE IS STRICTLY FORBIDDEN. ANY UPDATES OR OTHER INTERACTIONS WITH THE SERVICE SHOULD ONLY BE DONE WHILE YOUR MOTOR VEHICLE IS NOT IN MOTION AND IN A LOCATION PERMITTED BY LAW. PASSENGERS OTHER THAN THE DRIVER MAY INTERACT WITH THE SERVICE WHILE THE MOTOR VEHICLE IS IN MOTION, PROVIDED ANY SUCH INTERACTION DOES NOT DISTRACT THE DRIVER’S ATTENTION FROM THE ROAD OR TRAFFIC AND DOES NOT INTERFERE WITH THE DRIVER’S OPERATION OF THE MOTOR VEHICLE. 

  1. About Chek Call; Eligibility. Centroid Logistics Solutions is a Michigan limited liability company that provides Chek Call to commercial truck drivers to use. The Service is intended for users who are at least eighteen (18) years old. If you are not at least eighteen (18) years old please do not access, visit, or use the Service.
  2. Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU SHOULD NOT ACCESS OR USE THE SERVICE.
  3. Notice Regarding Dispute Resolution: These Terms of Service contain provisions that govern how claims you and Chek Call have against each other are resolved (see Section 14 (Limitation of Liability), Section 18 (Choice of Law and Forum) and Section 19 (Arbitration Agreement and Waiver of Class Action Remedies) below). It contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 19(D). Unless you opt-out: (A) you will only be permitted to pursue claims against Chek Call on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
  4. Amendments. We may amend these Terms of Service from time to time. We will post updated Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you may terminate your account within the applicable thirty (30) day period by contacting us at support@chekcall.com, Otherwise, the new terms will take effect after thirty (30) days.
  5. Chek Call Privacy Policy. In connection with your use of the Service, please review the Chek Call Privacy Policy, located at com/Privacyto understand how we collect and use information about you when you access, visit or use the Service. The Chek Call Privacy Policy is part of and is governed by these Terms of Service and by accepting these Terms of Service, you agree to be bound by the terms of the Chek Call Privacy Policy, and agree that we may use information collected from you in accordance with the Chek Call Privacy Policy.
  6. Chek Call Accounts and Registration. You cannot use the Service without creating a Chek Call account. You can create a Chek Call account by activating your phone number through the Service. By creating a Chek Call account you represent that you are: (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract]; and (iii) not barred from using the Service under the laws of the United States or another jurisdiction.
    1. Creating an Account through the Service. If you choose to create a Chek Call account through the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if Chek Call has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, Chek Call may suspend or terminate your account and refuse to allow you to use the Service at any time.
    2. Termination of Your Account. You may terminate your account at any time by contacting us at support@Chek Call.com. We may also terminate your account or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
  8. Ownership of the Service. You agree that Chek Call and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, or photographs, (the “Chek Call Content”), and all intellectual property rights related to the Chek Call Content. You may not (and you may not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The Chek Call name, logo and symbols and related names are trademarks and service marks of Chek Call (the “Chek Call Marks”). You agree not to display or otherwise use any Chek Call Marks without Chek Call’s prior written consent.
  9. Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:
    • use, display, mirror or frame the Service, any individual element within the Service, the Chek Call name, trademark, logo or other proprietary information, or the layout and design of any page, without our express written consent;
    • access the Service by any means other than through the interface provided by Chek Call and as otherwise expressly authorized under these Terms of Service;
    • access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Chek Call or any of our providers or any other third party (including another user) to protect the Service;
    • forge headers or otherwise manipulate identifiers to disguise the origin of any data transmitted through the Service;
    • attempt to access or search the Service or scrape or download data from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Chek Call or other generally available third party web browsers;
    • send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
    • use any meta tags or other hidden text or metadata utilizing the Service or a Chek Call trademark, logo, or URL without Chek Call’s express written consent;
    • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
    • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
    • reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your account) or your access to or use of the Service;
    • collect or store any personally identifiable information from other members of the Service without their express permission;
    • stalk or otherwise harass another person or entity;
    • impersonate or misrepresent your affiliation with any person or entity;
    • violate any applicable law or regulation; or
    • encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
  10. User Feedback. Chek Call welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Service, or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with Chek Call, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) Chek Call is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) Chek Call shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) Chek Call may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of Chek Call without any obligation of Chek Call to you and you hereby assign all of your rights in the suggestions and feedback to Chek Call; (F) you are not entitled to any compensation or reimbursement of any kind from Chek Call under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to Chek Call.
  11. Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources, or data. You acknowledge and agree that Chek Call is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services, or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources, or data. Links to third party websites on the Service are not intended as endorsements or referrals by Chek Call of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies, and practices of third-party websites.
  12. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHEK CALL AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “CHEK CALL PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CHEK CALL PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
  13. Use at Your Own Risk. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE CHEK CALL PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS. 
  14. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE CHEK CALL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A CHEK CALL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, OR THE SERVICE.
  15. Abusing Chek Call. Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
  16. Release. If you have a dispute with one or more other users of the Service, you agree to release the Chek Call Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Service. In entering into this release, you expressly waive any protections (whether statutory or otherwise), including California Civil Code Section 1542, that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
  17. Indemnity. You agree to indemnify and hold the Chek Call Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your use of the Service; (C) your violation of these Terms of Service; or (D) your violation of any law rights of another party.
  18. Choice of Law and Forum. The laws of the State of Michigan apply to these Terms of Service and to your relationship with the Chek Call Parties, without regard to conflict of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Michigan. You consent to the exclusive jurisdiction of the federal or state courts located in Michigan.
  19. Arbitration Agreement and Waiver of Class Remedies. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance, and breach) and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost.
    1. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. 
    2. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
    3. Exception - Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
    4. Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this section by sending written notice of your decision to opt-out to the following address: 42400 Grand River Ave, Suite 103, Novi, MI 48375 Attn: Chek Call Administrator. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
  20. Special Provisions for Users Located Outside of the United States. Chek Call’s policies and procedures are based on United States law. As a result, if you are using the Service from a country embargoed by the United States or are on the United States Treasury Department's list of “Specially Designated Nationals,” you agree that you will not conduct any commercial activities using or through the Service.
  21. Assignability. You may not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of Chek Call. Chek Call may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
  22. Waiver and Severability. Our failure to exercise or enforce any of these Terms of Service or to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms of Use is held to be invalid, void or unenforceable under applicable law, then the applicable provision will be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability.
  23. Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
  24. Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 14 (Limitation of Liability), Section 16 (Release), Section 17 (Indemnity) and Section 18 (Choice of Law and Forum), and Section 19 (Arbitration Agreement and Waiver of Class Action Remedies).
  25. No Oral Modifications. Employees of the Chek Call Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the Chek Call Parties offers to modify these Terms of Service, he or she is not acting as an agent for the Chek Call Parties or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of the Chek Call Parties or anyone else purporting to act on our behalf.
  26. Third Party Beneficiaries. These Terms of Service are between you and Chek Call. There are no third-party beneficiaries.
  27. Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
  28. Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at support@chekcall.comor by postal mail at 42400 Grand River Ave, Suite 103, Novi, MI 48375 Attn: Chek Call Administrator.