These Terms of Use are a legally binding agreement between you and OSA MANAGEMENT LLP, doing business as Check Emails ("Check Emails", "we", "us", or "our") regarding your access to and use of the Check Emails website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You may enter into this agreement personally or on behalf of an entity. By using the Site, you acknowledge that you have read, comprehended, and accept to be legally bound by all of these Terms of Use. YOU ARE DIRECTLY PROHIBITED FROM USING THE SITE AND MUST QUIT IMMEDIATELY IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE.
Any other terms and conditions or documents that may occasionally be posted on the Site are now specifically referenced and incorporated herein. We retain the right, at any time and for any reason, to alter or amend these Terms of Use in our sole discretion. You agree to waive your right to receive specific notice of each change by agreeing that we will notify you of such updates by changing the "Last updated" date of these Terms of Use. You must go over these regularly. To receive updates, please read the Terms of Use. Your continued use of the Site after the date on which such amended Terms of Use are posted will subject you to the changes in such Terms of Use, and you will be deemed to have been informed of and to have accepted any changes.
The information on the site is not meant to be distributed to or used by any person or organization in any jurisdiction or nation where doing so would be illegal, subject to registration requirements in that jurisdiction or nation, or both. Therefore, if and to the extent that local laws are applicable, those who choose to visit the Site from other locations do so of their own free will and are solely responsible for abiding by local laws.
You may not use this Site if your interactions would be subject to laws about industry-specific regulations, such as the Federal Information Security Management Act (FISMA), the Health Insurance Portability and Accountability Act (HIPAA), etc. Use of the Site in a manner that would contravene the Gramm-Leach-Bliley Act (GLBA) is prohibited.
Users of the Site must be at least eighteen years old. To use the Site, any user who is considered a juvenile in the country in which they reside (often under the age of 18) must obtain permission from and be under the direct supervision of their parent or legal guardian. Before using the Site, if you are a minor, you must have your parent or legal guardian read and accept these Terms of Use.
Unless otherwise noted, the Site is our exclusive property. All source code, databases, software, website designs, audio, video, text, photos, and graphics on the Site (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"), are either owned or controlled by us or are under license from us. They are also protected by international copyright laws, conventions, and laws about unfair competition in addition to copyright and trademark laws in the United States. For your informational and private use only, the Content and the Marks are offered on the Site "AS IS." All portions of the Site, along with any Content and Marks, are restricted from being copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent, unless specifically stated in these Terms of Use.
You are granted a limited license to access and use the Site, download or print copies of any portion of the Content to which you have legally gained access, and use the Site solely for your personal, non-commercial use, provided that you are eligible to use it. All rights not specifically granted to you in and to the Site, the Content, and the Marks are reserved by us.
By accessing the Site, you represent and warrant that: (1) all registration data you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such data and update it promptly as needed; (3) you are of legal age and agree to abide by these Terms of Use; (4) you are not under the age of eighteen; (5) you are not a minor in the jurisdiction in which you reside, or if you are, you have obtained parental permission to use the Site; and (6) you will not access the Site using automated or non-human methods, such as bots, scripts, or other automated methods. (7) You promise not to use the Site for any unauthorized or illegal purpose; (8) You promise not to break any applicable laws or regulations by using the Site.
We reserve the right to suspend or terminate your account and to deny any further use of the Site (or any portion thereof) if you provide any information that is false, incorrect, out of date, or incomplete.
It might be necessary for you to register on the website. You acknowledge that you will be accountable for any uses of your account and password and that you will keep them private. If we decide, at our sole discretion, that a username you choose is improper, obscene, or otherwise objectionable, we reserve the right to remove, reclaim, or replace it.
We take the following payment methods:
For certain of our services, you might need to make a purchase or pay a charge. For every transaction you make on the Site, you promise to provide correct, full, and up-to-date account and purchase information. For us to finish your transactions and get in touch with you as needed, you also agree to update your account and payment details as soon as possible, including your email address, payment method, and credit card expiration date. When you make purchases on the Site, we charge you through an online billing account. Purchase prices will include sales tax, if and when we determine it is necessary. Prices are subject to change at any time. All amounts must be made in US dollars.
You permit us to charge your selected payment provider for any such sums at the time of purchase, and you agree to pay all charges or fees at the prices then in place for your transactions. If there are any recurring charges associated with your transaction, you agree to us billing your payment method repeatedly without asking for your permission each time, up until you cancel and let us know.
Even after we have requested or received payment, we maintain the right to fix any inaccuracies or mistakes in pricing. Additionally, we maintain the right to reject any order submitted via the website.
When a new user registers on our website, we give them access to a free trial. After the free trial, the user's selected subscription will be charged to the account.
By contacting us using the details listed below, you can cancel your subscription at any time. After the current paid term, your cancellation will become effective.
The Site may only be accessed and used for the purposes for which we make it available. The Site may only be used in conjunction with business ventures that we have expressly authorized or promoted.
As a Site user, you consent to refrain from:
The website may offer you the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, "Contributions"). It may also invite you to engage in chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. Contributions might be accessible through third-party websites and by other users of the site. Therefore, any Contributions you send could be regarded as non-proprietary and non-confidential. By creating or making any Contributions available, you so grant and signify that:
Your rights to use the Site may be terminated or suspended, among other consequences, for any usage of the Site that contravenes the aforementioned provisions of these Terms of Use.
When you post your contributions on any area of the site, you automatically grant us the unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise. Any media format and media channel may be used, as well as distributed.
This license covers our use of your name, company name, franchise name, and any applicable trademarks, service marks, trade names, logos, and commercial and personal images, as well as any form of medium, technology, or form now known or subsequently developed. You guarantee that none of your contributions contain any moral claims, and you renounce any moral rights that may have been made.
We make no claims regarding the ownership of your contributions. All of your contributions, together with any related intellectual property rights or other proprietary rights, are still fully owned by you. Any claims or assertions made by you in any part of the Site through your Contributions are not our responsibility. Your contributions to the site are entirely your responsibility, and by using the site, you specifically consent to absolve us of any liability and to forgo taking legal action against us in connection with your contributions.
At any time and for any reason, without prior notice, we reserve the right, in our sole and absolute discretion, to: (1) edit, redact, or otherwise modify any Contributions; (2) reclassify any Contributions to put them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions. We are not required to keep an eye on your contributions.
You understand and agree that any queries, remarks, ideas, suggestions, feedback, or other material you provide us about the Site (collectively, "Submissions") are non-confidential and will be our exclusive property. All intellectual property rights shall be exclusively owned by us, and we shall be free to use and distribute these Submissions for any legitimate purpose—commercial or otherwise—without granting you credit or any compensation. By making this agreement, you give up any moral rights you may have to any such Submissions and guarantee that any such Submissions are original to you or that you are authorized to submit them. You acknowledge that if your Submissions are really or purportedly violated by someone else's intellectual property, you will have no legal remedy against us.
Our services fall under the definition of "commercial items" in Federal Acquisition Regulation ("FAR") 2.101. Our services are subject to the terms of these Terms of Use by FAR 12.212 (for computer software) and FAR 12.211 (for technical data) if they are purchased by or on behalf of any agency that is not a part of the Department of Defense ("DOD"). Our services are subject to the conditions of any agreements that we enter into with any Department of Defense agency if we provide them. Conditions of Use as per Defense Federal Acquisition Regulation ("DFARS") 227.7202‑3. Furthermore, DFARS 252.227-7015 applies to technical data that the DOD obtains. Any other FAR, DFARS, or other clause or provision addressing government rights in computer software or technical data under these Terms of Use is superseded and replaced by this section on U.S. government rights.
While we cannot guarantee that a user will not violate the law or these terms of use, we do reserve the right to (1) monitor the Site for violations of these terms; (2) take appropriate legal action against such users, including without limitation reporting them to law enforcement authorities; and (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion, without restriction, notice, or liability, to disable or remove from the Site any files and content that are too large or otherwise burdensome to our systems; and (5) otherwise administer the Site in a way that preserves our property and rights while facilitating the Site's proper operation.
Data security and privacy are important to us. Visit https://check-emails.com/ to read our privacy policy. You acknowledge that our Privacy Policy, which is a part of these Terms of Use, applies to you by using the Site. Please be aware that the UK is where the site is located. Through your continued use of the Site, you are transferring your data to the United Kingdom, and you consent to have your data processed and transferred to the United Kingdom if you access the Site from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United Kingdom. Furthermore, we do not intentionally market to children or knowingly accept, request, or solicit information from them. Therefore, in compliance with the U.S. Children's Online Privacy Protection Act, we will remove personal information from the Site as soon as it is reasonably practicable if we learn that a person under the age of 18 has provided it to us without getting the necessary and verifiable parental consent.
We honor other people's rights to their intellectual property. Should you feel that any content accessible on or via the Site violates any copyright you possess or are in charge of, kindly contact us right away using the details listed below (a "Notification"). The individual who uploaded or saved the content mentioned in your notification will receive a copy of it. Please be aware that if you make serious misrepresentations in a Notification, you might be held legally responsible for damages. Thus, you should think about first speaking with an attorney if you are unsure if anything on the Site or through links thereto violates your copyright.
While you are using the Site, these Terms of Use will be in full force and effect. In addition to any other provision of these terms of use, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ANY PERSON, FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, ASSESSED TO THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES). At any time, without prior notice, and at our sole discretion, WE MAY CANCEL YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED.
You are not allowed to register and create a new account under your name, a false or borrowed identity, or the name of any third party, even if you could be acting on their behalf if we suspend or terminate your account for any reason. We reserve the right to take necessary legal action, including without limitation seeking civil, criminal, and injunctive relief, in addition to canceling or suspending your account.
We maintain the right, at our sole discretion and without prior notice, to alter, amend, or remove any portion of the Site. We are not required, though, to update any of the content on our website. Additionally, we have the right, at any time and without prior notice, to alter or terminate all or part of the Site. Regarding any alteration, pricing adjustment, suspension, or termination of the Site, we shall not be responsible to you or any other person.
We cannot promise that the Site will always be accessible. Interruptions, delays, or mistakes may arise from hardware, software, or other issues, or from the requirement for Site-related maintenance. Without providing you with prior notice, we reserve the right to alter, update, suspend, terminate, or otherwise change the Site for any reason or at any time. You acknowledge that in the event of a site outage or discontinuation, we shall not be liable in any way for any loss, injury, or annoyance brought on by your inability to use or access the site. Nothing in these Terms of Use shall be interpreted as requiring us to support and update the Site or provide any releases, updates, or corrections related thereto.
The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application herein, and the laws of the United Kingdom shall apply and be interpreted with these terms. If you are a consumer with a habitual place of residence within the European Union, you also have the protection afforded to you by mandatory legal rules in your home country. With these Conditions of Use, you may bring a claim to defend your consumer protection rights in the UK or in the EU nation where you currently reside. Both OSA MANAGEMENT LLP and you agree to submit to the non-exclusive jurisdiction of the courts of England and London.
Unofficial Agreements
The Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”). Informal negotiations begin when one party gives the other written notice to begin.
Enforceable arbitration
One arbitrator will be appointed following the Arbitration and Internal Rules of the European Court of Arbitration, which is a division of the European Center of Arbitration with its seat in Strasbourg. These rules will be in effect at the time the application for arbitration is filed, and adoption of this clause implies acceptance of them. Any dispute arising from the relationships between the Parties to this contract will be decided by one arbitrator. The arbitration will take place in London, United Kingdom. English will be the language used throughout the proceedings. The law of the United Kingdom shall apply as applicable substantive law rules.
Limitations
The Parties understand that any arbitration will only address the specific dispute between each party. The following rules apply to arbitration: (a) no arbitration may be combined with another proceeding to the fullest extent allowed by law; (b) no dispute may be arbitrated as a class action or employ class action procedures; and (c) no dispute may be brought in a supposedly representative capacity on behalf of the public at large or any other party.
Exemptions from Arbitration and Informal Negotiations
The Parties acknowledge and agree that the following Disputes are not covered by the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Disputes of, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (b) any Dispute relating to, or concerning the validity of, any of a Party's intellectual property rights; and (c) any claim for injunctive relief. If any part of this agreement is determined to be unlawful or unenforceable, neither Party will choose to have the dispute arbitrated; instead, the dispute will be resolved by a court with appropriate jurisdiction from the courts previously mentioned.
The Site may contain information that is misspelled, incomplete or omits some details. Examples of this type of material include availability, prices, and descriptions. We maintain the right, at any time and without prior notice, to update or modify the content on the Site and to correct any mistakes, inaccuracies, or omissions.
THE WEBSITE IS SOUGHT AFTER AS-IS AND AS-AVAILABLE. IT IS AGREEABLE THAT YOU WILL USE THE SITE AND OUR SERVICES AT YOUR OWN RISK. We disclaim all warranties, express or implied, with the site and your use of it, to the fullest extent permitted by law. This includes but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim all liability and responsibility for any (1) errors, mistakes, or inaccuracies in the content and materials of the website, (2) personal injury or property damage of any kind resulting from your access to and use of the website, (3) unauthorized access to or use of our secure servers and/or all personal information and/or financial information stored therein, and (4) any interruption or cessation of transmission to or from the website. In addition, any third party that may transmit bugs, viruses, Trojan horses, or the like through the site may be held responsible for any of the following: (5) any errors or omissions in any content and materials; or (6) any loss or damage of any kind resulting from the use of any content posted, transmitted, or otherwise made available through the site. ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APP Featured IN ANY BANNER OR OTHER ADVERTISING, IS NOT WARRANTED, ENDORSE, GUARANTEED, OR ASSUMED RESPONSIBILITY FOR. WE WILL NOT PARTICIPATE IN ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, NOR WILL WE BE HELD LIABLE FOR ANYTHING. AS IS THE CASE WITH ANY MEDIUM OR ENVIRONMENTAL PURCHASE OF A PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THOUGH WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE. Regardless of the information included below to the contrary, our liability to you for Regardless of the nature of the action, ANY CAUSE WHATSOEVER WILL ALWAYS BE LIMITED TO THE LESS OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ____. Limitations on implied warranties and the exclusion or limitation of certain damages are prohibited by certain US state laws and international laws. YOU MAY HAVE ADDITIONAL RIGHTS AND SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU IF THESE LAWS APPLY TO YOU.
If any third party brings legal action against you for any reason, you agree to defend, indemnify, and hold us harmless. This includes our subsidiaries, affiliates, and all of our officers, agents, partners, and employees. It also covers reasonable legal fees and expenses. Possible causes of action include (1) your Contributions; (2) your use of the Site; (3) any breach of these Terms of Use; (4) any violation of your representations and warranties outlined in these Terms of Use; (5) your violation of any third party's rights, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Despite the aforementioned, you undertake to assist, at your expense, in our defense of any claims against us, and we reserve the right to take exclusive defense and control of any matter for which you are obligated to indemnify us. When we learn of any such claim, action, or process that is covered by this indemnity, we shall make a good-faith attempt to let you know about it.
To manage the functionality of the Site and gather information about your usage of the Site, we shall keep some of the data you send to the Site. You are entirely responsible for any data you communicate or that is related to any activity you have done using the Site, even though we regularly backup data. You hereby waive any right of action against us arising from any such loss or corruption of such data, and you agree that we shall not be liable to you for any such loss or corruption of any such data.
Emails sent to us, forms filled out online, and visits to the Site all qualify as electronic communications. You agree to receive communications from us electronically, and you acknowledge that any agreements, notices, disclosures, and other communications we send you via email and the website meet any legal requirement that they be in writing. By clicking the "I Agree" button, you consent to the use of electronic signatures, contracts, orders, and other records. You also consent to the electronic delivery of notices, policies, and transaction records that we initiate or complete on the site. This agreement releases you from any rights and obligations arising from statutes, rules, ordinances, or other laws in any area that calls for the original signature, the delivery or preservation of non-electronic records, payments, or the issuing of credits.
If your complaint is not resolved to your satisfaction, you can file a written complaint at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or call the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (800) 952-5210 or (916) 445-1254.
The whole agreement and understanding between you and us is included in these Terms of Use and any policies or operating rules that we may post on the Site or about the Site. Any right or term of these Terms of Use that we do not execute or enforce shall not be deemed a waiver of that right or provision. To the maximum extent permitted by law, these Terms of Use apply. We are free to transfer any or all of our duties and rights to another party at any time. Any loss, damage, delay, or inaction on our part resulting from any cause outside our reasonable control will not subject us to liability or responsibility. Any provision of these Terms of Use, or any portion of a provision, that is found to be illegal, void, or unenforceable, is considered severable from the rest of the terms and does not impact the legality and enforceability of the other sections. These Terms of Use and your use of the Site do not establish any joint venture, partnership, employment, or agency relationship between you and us. You acknowledge and agree that these Terms of Use shall not be interpreted against you for having drafted them. By signing this agreement, you agree to waive any defenses you may have about the electronic format of these terms of use and the parties' failure to sign.
Please contact us to discuss any complaints you may have about the Site or to get more information about using it.
OSA MANAGEMENT LLP Phone: +44 203 807 08 08 [email protected] Suite 4005 43 Bedford Street London, England WC2E 9HA United Kingdom