Checkster Terms and Conditions
Welcome to the Checkster, Inc. professional website (“Site”). By using the Site, the Checkster platform and any software made available via the Site (“Platform”), you agree to follow and be bound by the following terms and conditions
1.Description of Platform
Checkster, Inc. is an online Software Platform, enabling organizations and individuals to gather confidential feedback Content from an employee’s or a former employee’s peers and employers, related to talents, skills, competencies, employment and attitude in the workspace that are critical to success in a specific job or career.
2.Use of Site and Platform
You may download, view, copy and print information and graphics incorporated in the Content from the Site subject to the following: (a) the Content may be used solely for professional, informational, non-commercial purposes; and (b) the Content may not be modified or altered in anyway. Except where your use constitutes “fair use” under copyright law, and in compliance with other applicable laws, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Site or our Platform outside of your organization in whole or in part without the express authorization of Checkster, Inc. The Site and Platform are not accessible to minors or anyone under the age of 16 (unless stated otherwise in your employer’s Legal Terms presented upon logging into Checkster, Inc), or by users that have been removed from our Platform and/or Site by Checkster, Inc. The Content and information provided by Checkster Inc., and your use of the Site, may only be used for legitimate and legal purposes.
3.Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site and Platform, and are fully responsible for all activities that occur under your password(s).
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to notify Checkster, Inc. immediately of any unauthorized use of your password(s). Checkster, Inc. is concerned about the security of information we have collected from you and your (potential) employees and has taken reasonable steps to prevent unauthorized access to that information.
4.Termination of Use
You agree that Checkster, Inc. may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site and Platform. Access to the Site may be monitored by Checkster, Inc.
5.Third Party Web Sites, Content, Products and Services
The Site may provide links to Web sites and access to third party content, products and services; including users, advertisers, affiliates, and sponsors of the Site. You agree that Checkster, Inc. is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Checkster, Inc. is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that
Checkster, Inc. is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Checkster, Inc. is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, QUESTIONS, MATERIALS, INFORMATION, PRODUCTS AND SOFTWARE PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE WEBSITE AND ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. CHECKSTER, INC. DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE. ANY CONTENT, MATERIALS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. CHECKSTER, INC. SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. CHECKSTER, INC. FURTHER DISCLAIMS ALL LIABILITY AND ASSUMES NO RESPONSIBILITY FOR ANY QUESTIONS THAT MAY BE CHANGED OR ASKED BY A USER, INCLUDING THOSE WHICH MAY BE IN VIOLATION OF LAW. YOU ARE RESPONSIBLE FOR THE CONTENT AND TYPE OF ALL QUESTIONS ASKED. BY USING THE WEBSITE, YOU ASSUME ALL LIABILITY (WHETHER STATUTORY OR OTHERWISE) WITH RESPECT TO ANY UNLAWFUL QUESTIONS POSED OR QUESTIONS WHICH ELICIT A RESPONSE IN VIOLATION OF LAW. YOU AGREE TO HOLD CHECKSTER, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATE AND AGENTS HARMLESS FROM, AND INDEMNIFY CHECKSTER, INC. FROM, ANY ACTION OR CLAIM (WHETHER STATUTORY OR OTHERWISE). We cannot guarantee or warrant that such files available for downloading will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. CHECKSTER, INC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME.
7.Limitation of Liability
IN NO EVENT SHALL CHECKSTER, INC., ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, REVENUE, GOODWILL, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE AND/OR PLATFORM, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.Information Provided to Checkster, Inc.’s Website
Checkster, Inc. cannot guarantee the identity of the users you are communicating with. Any information transmitted through Checkster.com is the sole responsibility of the user from which the content originated and Checkster, Inc. will not be liable for any false or misleading statements or omissions in content, or errors, nor can Checkster, Inc. guarantee the authenticity of the data which users provide about themselves or relationships they may describe. In the course of using the Checkster.com Platform, users will provide information about themselves. By using our Platforms, you grant Checkster Inc. the irrevocable licensing rights to use this information in the course of offering our Platform on a royalty-free, perpetual basis. This information may also be used but is not limited to developing Content and benchmarking.
Request from User
If a Checkster user (employer, hiring manager, recruiter, etc.), who is initiating surveys within the Platform, leaves the organization and would like to anonymize their data:
Their account can be locked by the account administrator – this will remove access to Checkster, while still keeping all surveys that the user has started. The account administrator may write-in “error”, “null”, “anonymous”, etc. as the user’s contact information so that the user cannot be identified.
Request from Candidate or Individual
If a candidate or an individual for whom a survey has been or is being conducted would like to anonymize their data, they may reach out to the organization who initiated the survey, or directly to Checkster:
The organization will contact Checkster to anonymize the individual’s data. Checkster will then remove access to the Checkster account, and remove all personal data (Name and Email Address) from the survey. The survey results will still be available to the organization, with “Anonymous” as the individual’s name.
Request from Rater
If an individual who has submitted feedback through Checkster (a rater) would like to remove their data, they may reach out to the organization who initiated the survey, or directly to Checkster. Any requests for rater data erasure coming via the candidate will be verified first with the rater.
The organization or rater will contact Checkster to anonymize this data, and the candidate’s name will be required. Checkster will anonymize the rater’s information so that “Anonymous” appears as the Name, Email Address, and Phone number for all surveys the rater has responded to. The rater’s feedback will still appear on the report, unless exclusion has been requested by the rater or the employer.
In order to provide the Checkster.com Platform, we may need to communicate with you via email. By using the Checkster.com Site and Platform, you agree to receive emails necessary for the normal functioning of our Platform. Activity on the Site Checkster, Inc. cannot guarantee the accuracy, quality or integrity of information exchanged by users or raters. We have the right to monitor all content and information exchanged through our Platform, however we do not carry any obligation to do so. Checkster, Inc. will not be liable for any content, errors, omissions, loss or damage incurred as a result of usage of our Site and/or Platform. Under no circumstances will Checkster, Inc. be liable for denial of access to any content on the Site.
In the event that a Checkster User wishes to utilize SMS to invite new hires, participants, or raters through Checkster (“SMS Recipients”), the User agrees to obtain their prior written consent to receive SMS messages. Proceeding with an SMS invitation to a SMS Recipient constitutes an agreement that such SMS Recipient has agreed in writing to be contacted by you via Checkster. To opt out of receiving SMS messages from Checkster, any individual can, at any time, reply “STOP” to the text message they receive. If you become aware of such STOP notice, you agree to immediately refrain from sending SMS messages to that individual.
To use the Platform, please see specifications on pricing via our Site.
You agree to defend, indemnify and hold harmless Checkster Inc., its officers, directors, affiliates, employees and agents from and against any and all claims, liabilities, damages, judgments, awards, losses or expenses, including reasonable attorneys’ fees and costs, arising out of, in relation to, or in any way connected with your access to or use of the Site, the Platform, information obtained from the Site, and violation of the User Agreement.
The User Agreement shall govern as the Agreement between you and Checkster, Inc. suspending any prior agreements between you and Checkster, Inc.
Being a User of Checkster, Inc., you recognize our past and ongoing development of state of the art proprietary technology. You agree that during the usage of our Platform and Site, during the term of this Agreement and for eighteen (18) months after termination, you will not develop or market any website that copies or duplicates the Checkster Site functionality.
16.Note About Children
Minors are not eligible to use the Site, and any submission of any personal information to us is prohibited.
17.Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content, software, or software provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Content and software of Checkster, Inc. in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Platform of Checkster, Inc. outside the U.S. Neither the Platform of Checkster, Inc. nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California.
Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Francisco, California. You and Checkster, Inc. irrevocably agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Copyright©, Checkster, Inc. All rights reserved.
Other names appearing on the Site may be trademarks of their respective owners.
If you have any questions regarding this User Agreement, please contact Checkster Inc. from our Site forms.