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Thank you for reaching out to Check Message, aka Check for private messaging systems, a service made available to you (“you”, “your”) by Meedan, Inc (“we/us/our/Meedan”). By using this service, you agree to be bound by these Terms of Service (“Terms”).

A. Approved Usage

You can use Check Message by sending or forwarding us a message (an image, a link, a meme, and/or text) and confirming that you desire us to verify, investigate, fact-check, or otherwise respond to the information. Only upon receipt of such a message and subsequent confirmation of a request for investigation shall we respond with our findings and, if generated, a Check Message Report (“Report”) which may indicate a machine or human generated status and contain information we, our partners, and/or our automated systems determine to be relevant. We do not use Check Message to send out any unsolicited links or information whatsoever.

By submitting any query to Check Message, you represent and warrant that you are either the owner of such query (“Content”) and/or have the requisite authority of the owner of such Content to submit such Content to Check Message.

By using Check Message, you represent and warrant to us that you are of the legal age and capacity to form a binding contract with us.

You shall not engage in any activities, actions or omissions whatsoever that render your use of Check Message or requisitioning of information illegal. In the event that you use Check Message to communicate any information which we deem in our sole opinion to be illegal or unlawful or punishable under the laws of the United States of America, we shall have the right to relay and disclose such information to any governmental or/and law enforcement authorities.

B. Verification Reports

You agree that your use of Check Message shall be at your sole risk. To the fullest extent permitted by law, Meedan, its officers, directors, employees, partners, and agents disclaim all warranties, express or implied, in connection with Check Message and your use of the service.

Consistent with this, Meedan makes no warranties or representations about the accuracy or completeness of the Reports or the content of any third-party content linked to the reports. The Report shared with you is based on publicly available information, provided to us on an as-is basis, and our accuracy is subject to the accuracy of such information and the interpretation of our partners. Please exercise your discretion and judgment before relying upon a Report from Check Message.

The Report shared with you is only for your non-commercial and personal use. We will not be liable or responsible for any consequences to you for your sharing or publishing of the Report.

The Report shared with you may contain third-party links and contain information gathered from third-parties. Your use of such third-party information shall be subject to the terms of use and privacy policies of these third-parties. Please be informed that you may share or publish this third-party content with any persons or individuals only if such sharing and publication is permitted by the third-parties. We neither endorse nor are we responsible for any information shared by any third-parties, including third-party links included in the Report, and for the consequences of such sharing or posting.

C. Termination And Modifications

We may terminate Check Message generally or your access to Check Message specifically, permanently or temporarily, at our sole discretion, without any prior notice.

We reserve the right to modify these Terms at our sole discretion without any prior notice. Your use of Check Message following any such modification constitutes your deemed acceptance to be bound by the modified Terms.

If you wish to terminate this agreement, you may immediately stop accessing or using Check Message at any time. Your right to access and use the Check Message terminates automatically upon your breach of any of these Terms.

The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions of these Terms will survive any termination. The license grants applicable to your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your indemnification obligations will survive for one year after termination.

D. Use Of Data And Intellectual Property

If applicable, you retain ownership of any Content that you submit to Check Message. To the fullest extent possible, you grant Meedan an unlimited, world-wide, non-revocable, royalty-free license or sublicense to reproduce, distribute, prepare derivative works of, display, and use all Content you submit to Check Message in any form through any media channels. This license permits Meedan to use your Content for educational purposes, and to use and provide the content to partners for non-commercial research. Further information about the data we may collect in your usage of Check Message and our practices around that data are available on our Privacy Policy.

SECTION E. LIMITATION OF LIABILITY AND INDEMNIFICATION

YOUR USE OF CHECK MESSAGE AND THE REPORTS ARE ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR, AND YOU RELEASE US FROM, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, MONETARY OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR USE OF CHECK MESSAGE AS WELL AS THE REPORT.

YOU SHALL DEFEND, INDEMNIFY AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS (INCLUDING FOR NEGLIGENCE), ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEE THAT MAY RESULT FROM OR ALLEGED TO RESULT FROM (A) YOUR USE OF CHECK MESSAGE; AND/OR (B) YOUR BREACH OF ANY RULES, REGULATIONS AND/OR ORDERS UNDER ANY APPLICABLE LAW.

F. Governing Law And Dispute Resolution

Except to the extent applicable law, if any, provides otherwise, this agreement and any access to or use of Check Message will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions.

You and Meedan agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights any dispute arising out of this agreement or relating to the use of our services shall be finally settled in accordance with the comprehensive arbitration rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such rules.

The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. The proper venue for any disputes not resolved by arbitration will be the state and federal courts located in San Francisco County, California.

G. Incorporation By Reference

In addition to these Terms, you also agree to be bound by the terms of service of whatever messaging platform you are using to connect to Check Message and not to engage in any activities that are or may be in contravention of any of those terms.

This includes the following, which are incorporated by reference as applicable:

Meedan also leverages Smooch to coordinate requests submitted through Check Message. You also agree to be bound by these terms of service as applicable: https://smooch.io/terms/.

H. Miscellaneous

If any part of these Terms are held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Any examples provided in this agreement are illustrative and non-exclusive.

None of these terms or conditions represent a waiver of any other terms and conditions of this agreement or the terms and conditions of any other agreement entered into between Meedan and you. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Furthermore, Meedan’s failure to assert any right or provision included in these Terms does not constitute a waiver of that right.

You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, these Terms; Meedan may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.