Terms of Use

SoftKeyMarketing.com’s General Terms of Use

Published July 07, 2022. Effective as of July 04, 2022. These Terms replace and supersede all prior versions.

THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 14 (DISPUTE RESOLUTION) BELOW GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE TERMS, PLEASE DO NOT USE THE SERVICES OR SOFTWARE.

These General Terms of Use (“General Terms”), along with any applicable Additional Terms (see section 1.2 (Additional Terms) below) (collectively, the “Terms”) govern your use of and access to our website, customer support, discussion forums or other interactive areas or services, and services such as Online Booking system and website (collectively, the “Services”) and software that we include as part of the Services, as well as any applications, including mobile applications, Sample Files and Content Files (defined below), scripts, instruction sets, and related documentation (collectively, the “Software”). If you have agreed to the Subscription and Cancellation Terms, then such terms are also considered part of the Terms. If you are using and accessing the Services and Software, then the Subscription and Cancellation Terms do not apply to you, but the remainder of these Terms will govern your use of and access to the Services and Software. If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with the Terms.

You must be 13 or older to register for an individual SoftKey Marketing Account.

1. Your Agreement with SoftKeyMarketing.com

1.1 Choice of Law and Contracting Entity. If you reside in North America (inclusive of United States, Canada, Mexico, United States territories and possessions, and United States military bases wherever located), your relationship is with Softkeymarketing.com, LLC., a United States company, and the Terms are governed by the law of Colorado, U.S.A., unless preempted by U.S. federal law, without regard to conflict of law rules. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law.

1.2 Additional Terms. Our Services and Software are licensed, not sold, to you, and may also be subject to one or more of the additional terms below (“Additional Terms”). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.

1.3 Ownership. You (as a Business or an individual, as applicable) retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.

1.4 Updates to Terms. We may make changes to the Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms and, in some cases, we may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software.

2. Privacy.

2.1 Privacy. For information about how we collect, use, share, or otherwise process information about you and your use of our apps and websites, please see our Privacy Policy. You have the option to manage information preferences here.

2.2 Our Access to Your Content. Where permitted by law, we will only access, view, or listen to your Content (defined in section 4.1 (Content) below) in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (A) respond to Feedback or support requests; (B) detect, prevent, or otherwise address fraud, security, legal, or technical issues; and (C) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning in order to improve our Services and Software and the user experience.

2.3 Data Processing Agreement. Where customer information includes personal information and where you are considered a “Data Controller” and SoftKey Marketing is a “Data Processor” as defined under the General Data Protection Regulation EU Regulation 2016/679 (“GDPR”), including the European Commission approved Standard Contractual Clauses, as applicable, shall apply to the processing of such personal information and are incorporated by reference into the Terms.

2.4 Sensitive Personal Information. You agree not to collect, process, or store any Sensitive Personal Information using the Services or Software. You agree not to transmit, disclose, or make available Sensitive Personal Information to SoftKey Marketing or SoftKey Marketing’s third-party providers. “Sensitive Personal Information” means an individual’s financial information, sexual preferences, medical, or health information protected under any health data protection laws, biometric data (for purposes of uniquely identifying an individual), personal information of children protected under any child data protection laws (such as the personal information defined under the US Children’s Online Privacy Protection Act (“COPPA”)) and any additional types of information included within this term or any similar term (such as “sensitive personal data” or “special categories of personal information”) as used in applicable data protection or privacy laws.

2.5 Transfer of Personal Information. We process and store information in the U.S. and other countries. By using our apps and websites, you agree that you authorize Softkeymarketing.com to transfer your personal information across national borders and to other countries where SoftKey Marketing and its partners operate. For example, personal information collected from users in USA will be exported outside of USA.

3. Use of Services and Software.

3.1 License. Subject to your compliance with the Terms and applicable law, you may access and use the Services and Software that we make available, and that you license from us. Your license(s) expire at the end of the term set forth in your order document. The version(s) of the Services and Software available at your renewal date may be different from the version(s) available when you first purchased your license(s) from SoftKey Marketing. The versions of the Services and Software that SoftKey Marketing supports can be found here. You agree that your decision to use or purchase Software or Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

3.2 SoftKey Marketing Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms. 

3.3 Storage. We recommend that you back up your Content elsewhere regularly if the Services provide storage and this functionality is enabled by the applicable Services. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content. You should download any Content that you have stored in the Services before your license ends.

3.4 User-Generated Content. We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. If available, you may also click on the “Report” button to report offensive user-generated content to us.

3.5 Sample Files. “Sample Files” means SoftKey Marketing-provided audio, visual, video, or other content files for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files in any way that allows a third party to use, download, extract, or access the Sample Files as a stand-alone file, and you cannot claim any rights in the Sample Files.

3.6 Content Files. “Content Files” means SoftKey Marketing assets provided as part of the Services and Software. Unless documentation or specific licenses (including but not limited to Additional Terms) state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use (“End Use”). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

3.7 Free memberships, offers, and trials. SoftKey Marketing may offer free memberships, offers, and trial memberships in its sole discretion. If access to the Services or Software is provided to you for free or for trial purposes, such access is governed by these Terms. At any time prior to or during the free or trial period, SoftKey Marketing may, in its sole discretion, terminate the free or trial access without prior notice and without any liability to you, to the extent permitted under applicable law, for any reason, including to prevent abuse of the free or trial access. After the free or trial access period expires, you may only continue using the Services or Software by enrolling in a paid subscription, if available, or as otherwise permitted by SoftKey Marketing. During the free or trial period, no express or implied warranties shall apply to the Services and Software, all Services and Software are provided “as-is” with all defects, and no technical or other support is included.

3.8 Third-Party Services and Software. The Services and Software may include third-party services and software, and you are responsible for complying with any and all third-party terms that apply. Some third-party terms that may be applicable to your use of the Services and Software are available. Access to third-party services and software is provided for convenience only, and SoftKey Marketing has no responsibility for such third-party services and software.

4. Your Content.

4.1 Content. “Content” means any text, information, or material, such as audio files, video files, electronic documents, or images, that you upload and import into, or create with the Services or Software in connection with or through your use of the Services. You must not upload any Content that is prohibited by any applicable law. We reserve the right to remove Content or restrict access to Content, Services, and Software if any of your Content is found to be in violation of these Terms. We do not review all Content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

4.2 Licenses to Your Content in Order to Operate the Services and Software. Solely for the purposes of operating or improving the Services and Software, when you upload Content to the Services or Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content.

4.3 Sharing Your Content.

(A) Sharing. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share.

(B) Level of Access. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be Shared and to adjust the setting related to accessing or sharing your Content.

(C) Comments. Any comments that you submit through the Services and Software are not anonymous and may be viewed by other users. Your comments may be deleted by you, by other users, or by us.

4.4 Termination of License. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however.

4.5 Feedback. You have no obligation to provide us with ideas, suggestions, proposals, or bug or crash reports (“Feedback”). If you submit Feedback to us however, then you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, export, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

5. Your Account.

5.1 Account Information. You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software. For PhoneGap, we reserve the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages.

5.2 Free Account Inactivity. You are responsible for keeping your account active, which means you must sign in periodically to avoid any disruption or loss of access to the Services and Software, or termination of your account. If you don’t sign into your account periodically, we reserve the right to assume your account is inactive, and you agree that we may close it for you. You understand that you will lose access to any Content stored in your account upon closure. Prior to closing your account for inactivity, we will attempt to provide notice to you. For the avoidance of doubt, this section 5.2 (Account Inactivity) does not apply to paid accounts in good standing.

6. User Conduct.

6.1 Responsible Use. The SoftKey Marketing communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly.

6.2 Misuse. You must not misuse the Services or Software. For example, you must not:

(A) use the Services or Software without, or in violation of, a written license or agreement with SoftKey Marketing;

(B) copy, modify, host, stream, sublicense, or resell the Services or Software;

(C) enable or allow others to use the Services or Software using your account information;

(D) offer, use, or permit the use of the Services or Software in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party;

(E) use the Software to construct any kind of database or dataset;

(F) access or attempt to access the Services or Software by any means other than the interface we provide or authorize;

(G) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software;

(H) Share Content or Creative Cloud Customer Fonts or otherwise engage in behavior that violates anyone’s Intellectual Property Rights. “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;

(I) Share any Content that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful, or otherwise objectionable;

(J) Share any Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other SoftKey Marketing users, or the public;

(K) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(L) attempt to disable, impair, or destroy the Services or Software;

(M) upload, transmit, store, or make available any Content, Creative Cloud Customer Fonts, or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software;

(N) disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm);

(O) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, fraudulent activities, or other unsolicited messages;

(P) place an advertisement of any products or services in the Services except with our prior written approval;

(Q) use any data mining or similar data gathering and extraction methods in connection with the Services or Software, including data scraping for machine learning or other purposes;

(R) artificially manipulate or disrupt the Services or Software (such as manipulating appreciations on Behance or driving users to third-party sites);

(S) create SoftKey Marketing accounts for the purpose of violating these terms or for circumventing account termination or other types of actions taken by SoftKey Marketing;

(T) manipulate or otherwise display the Services or Software by using framing or similar navigational technology; or

(U) violate applicable law.

7. Fees and Payment.

7.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable SoftKey Marketing entity with which you are transacting (i.e., SoftKeyMarketing.com, LLC. for North American customers and SoftKey Marketing Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity.

7.2 Credit Card Information. You authorize us to store your payment method and use it in connection with your use of the Services and Software as described in your Subscription and Cancellation Terms. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.

8. Your Warranty and Indemnification Obligations.

8.1 Warranty. By uploading your Content to the Services or Software, you agree that you have: (A) all necessary licenses and permissions to use and Share your Content; and (B) the rights necessary to grant the licenses in the Terms.

8.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services or Software (as applicable), or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter.

9. Disclaimers of Warranties.

9.1 Unless stated in the Additional Terms, the Services and Software are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (A) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (B) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (C) the quality of the Services or Software will meet your expectations; or (D) any errors or defects in the Services or Software will be corrected.

9.2 We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.

9.3 If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (A) any loss, corruption, or damage to your Content; (B) the deletion of Content by anyone other than SoftKey Marketing; or (C) the inclusion of your Content by third parties on other websites or in other media.

10. Limitation of Liability.

10.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages (A) resulting from loss of use, data, reputation, revenue, or profits; (B) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action; or (C) arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct of SoftKey Marketing or its employees, death, or personal injury.

10.2 Our total liability in any matter arising out of or related to the Terms is limited to the greater of (A) US $100; or (B) the aggregate amount that you paid for access to the Services and Software during the three-month period preceding the event giving rise to the liability.

10.3 These limitations and exclusions in this section 10 (Limitation of Liability) apply to the maximum extent permitted by law even if (A) a remedy does not fully compensate you for any losses or fails of its essential purpose; or (B) we knew or should have known about the possibility of damages.

10.4 These Terms set forth the entire liability of SoftKey Marketing and its affiliates as well as your exclusive remedy with respect to access and use of the Services and Software.

11. Termination.

11.1 Termination by You. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

11.2 Termination by Us. If we terminate the Terms, or your use of the Service(s) or Software for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Please note you may lose access to your Content upon termination, as described in Section 4.4 (Termination of License). Unless stated in any Additional Terms, we may, at any time, terminate or suspend your right to use and access the Services or Software if:

(A) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

(B) you fail to make the timely payment of fees for the Services or Software, if any;

(C) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Sofware);

(D) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software);

(E) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful);

(F) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or

(G) there has been an extended period of inactivity in your free account.

 11.3 Survival. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Your indemnification obligations, our warranty disclaimers and limitations of liabilities, and dispute resolution provisions stated in the Terms will survive.

12. Trade Sanctions and Export Control Compliance. The Services and Software, and your use of them, are subject to laws, restrictions, and regulations of the United States and other jurisdictions that (A) govern the import, export, and use of the Services and Software; and (B) may prohibit us from providing the Services and Software to you without notice. By using the Services and Software, you agree to comply with all such laws, restrictions, and regulations, and you warrant that you are not prohibited from receiving the Services and Software by the laws of any jurisdiction.

13. Australian Consumer Law. Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (CCA) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of goods, us doing any one or more of the following: (1) replacing the goods or supplying equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the goods or of acquiring equivalent goods; and (4) paying the cost of having the goods repaired; or (B) in the case of supply of services, our doing either or both of the following: (1) supplying the services again; and (2) paying the cost of having the services supplied again.

14. Dispute Resolution.

14.1 Process. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of receipt by us, any resulting legal actions must be resolved through final and binding arbitration, including any question of whether arbitration is required, except that you may assert claims in small claims court if your claims qualify. Claims related to the Terms, Services, or Software are permanently barred if not brought within one year of the event resulting in the claim. 

14.2 Rules. If you reside in the Americas, JAMS will administer the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong SAR of China, Macau SAR of China, Taiwan region, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and SoftKey Marketing mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us.

14.3 No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

14.4 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

15. Audit Rights. If you are a Business, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Services or Software is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us within 30 days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in licenses for the Services or Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.

16. Updates to Services and Software and Availability.

16.1 Updates to the Services and Software. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update, or discontinuation. If we discontinue the Services or Software in its entirety, we will use reasonable commercial efforts to allow you to transition your Content, and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid.

16.2 Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files, or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.

17. No Modifications, Reverse Engineering. Except as expressly permitted in the Terms, you may not (A) modify, port, adapt, or translate any portion of the Services or Software; or (B) reverse engineer (including but not limited to monitoring or tracking the inputs and outputs flowing through a system or an application in order to recreate that system), decompile, disassemble, or otherwise attempt to discover, within any Service or Software, the source code, data representations or underlying algorithms, processes, methods, and any other portion of such Service or Software. If the laws of your jurisdiction give you the right to decompile the Services or Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers’ proprietary rights in the Services and Software are protected.

18. Miscellaneous.

18.1 English Version. The English version of the Terms will be the version used when interpreting or construing the Terms.

18.2 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.

18.3 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.

18.4 Headings. Headings used in the Terms are provided for convenience only and will not be used to construe meaning or intent.

18.5 Severability. If any provision of the Terms is held invalid or unenforceable for any reason, the remainder of the Terms will continue in full force and effect.

18.6 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision

Additional terms of use

1. Acceptance of Terms

By accessing using our website and services, you agree to be bound by and comply with the following Terms of Service including the Privacy Policy (the “Terms of Service”). Please read the Terms of Service carefully. If you do not agree with these Terms of Service, you are not permitted to use the Service in any way and must cease accessing it. The Terms of Service governs your use of the Services made in any way whatsoever and constitute a binding agreement between us and you. You confirm that you have read, understood and agreed to the Terms of Service. We reserve the right, at our own discretion, to update and modify these Terms of Service at any time without prior notice, and by using this Website or the Service you agree to be bound by and comply with such modifications.

2. User Account

To access certain features or functionalities of the Service you may be required to provide your personal information. During registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so. We may, in our sole discretion, refuse to approve misleading or offensive information. Children under the age of 13 are not allowed to use the Services or Website and we do not actively target or collect information about minors.

3. Scope of Service

User Accounts may vary as to the scope of the Service assigned by us and as to the charges payable for such scope of the Service.

4. Express Written Consent

You agree to receive contact for marketing purposes at the telephone number that you provided upon registering, from Softkeymarketing.com, as well as the specific company on whose behalf Softkeymarketing.com is marketing. You understand that these marketing texts or calls may be made using an automatic telephone dialing system or pre-recorded message. Consent is not required to make a purchase.

5. No Abuse or Interference

Any use of the Service other than as permitted under these Terms of Service, constitutes a contravention of these Terms of Service. You agree not to abuse, disrupt, or interfere with, the Service in any way, and not to violate these Terms in any way, nor to allow use by others in such a way as to violate these Terms. In particular, but without limitation, you agree not to do any of the following: (i) use the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as us or any person or entity or misrepresent your affiliation with us or any person or entity, or to disguise or misrepresent the origin of any content posted or made available through the Service; (iii) interfere with the full and complete display of advertisements; (iv) use the Service as a forwarding service to another website or link to the Service using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without our express written permission; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without our express written permission; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site; (ix) collect or store personal data, or solicit personal identifying information about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users’ ability to use the Service; (xii) make excessive or otherwise harmful automated use of the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and “pyramid games/schemes,” or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including “trojan horses” and “worms”) or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.; or (xvi) use the Services or Website to violate any law or regulation.

6. Compliance with Laws

Recognizing the global nature of the Internet, you agree not to use the Service to engage in any activity that is unlawful under the laws of any jurisdiction to which you or we may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange. In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data, as well as with the Telephone Consumer Protection Act and Telemarketing Sales Rule We reserve the right to report any wrongdoing that we may become aware of to the applicable government agencies or to take other appropriate action permitted by law.

7. No Resale of Service

Unless expressly authorized by us, you agree not to make any commercial use of the Service, including in particular, licensing, sale, transfer or other exploitation of the Service, not to make any use other than within the scope envisaged by your User Account, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites, and.

8. Termination of Service to You

You agree that we may, immediately and without notice, suspend or terminate your access to all or part of the Services and remove and discard any of your User Content within the Services, if we in our sole discretion determine that you have violated these Terms. Further, you agree that we shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Services or for removing your User Content or any other content You may discontinue your participation in and access to the Service at any time.

9. Modifications to Service

We reserve the right, in our sole discretion and at any time, to modify, suspend or discontinue the Services or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto. You agree that we shall have no liability for any modification, suspension or discontinuance of the Services. We shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Services, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.

10. Intellectual Property

You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Services, including the name and software used to operate the Services and including all content of the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws. You acknowledge and agree that our name and logo are our trademarks. You are not authorized to use any such trademarks, or any other trademarks belonging to us, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with us. Nothing in these Terms, or in the Services shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed through the Services without the express prior written permission of the rights owner. You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Services or content appearing therein, in any form elsewhere, without our express prior written consent; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Services or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter our copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Services. We specifically permit links to the Website from other websites.

11. Intellectual Property of Third Parties

You acknowledge and agree that rights in any third-party content (including any content licensed by us, advertisements and User Content) presented to you through the Services, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by us, belong to their respective owners.

12. Privacy

Your privacy is important to us. To the extent certain limited information about you may be collected during your use of the Site, such collection shall be subject to our Privacy Policy. Your use of the Services is subject to, and shall be deemed to constitute, your acceptance of our Privacy Policy.

13. Disclaimer of Warranties

You understand and expressly agree that WE provide the Services “as is” and “as available”. All of our offers are void where prohibited. WE expressly disclaim to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy of content and non-infringement of proprietary rights. WE make no warranty that the services will meet your requirements, or that the website or the services will be available at any given time, uninterrupted, timely, secure, accurate or error-free. We make no warranty that any defects or any errors in the software will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Services or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Services. No advice or information, whether oral or written, obtained by you from us, through the the Services shall create any warranty not expressly made herein.

14. Limitation of Liabilities

Your use of the Services is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Services. To the extent permitted under applicable law, in no event and under no circumstances will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, attorneys, agents, licensors, licensees, suppliers or representatives be liable to you or to any third party under any theory of liability (whether based on warranty, contract, tort (including negligence and strict liability) or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if We or such other parties were advised of, knew of, or should have known of the possibility of such damages), resulting from or relating out of your or any third party’s use or misuse of the services or the Website. The parties intend that this limitation should apply even if it causes any warranty or any remedy to fail of its essential purpose. Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Services, from the inability to use the Services or the Website, from the interruption, suspension, or termination of the Services or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Services; any User Content or third-party content or code obtained or retrieved via the Website or through the Services (including content retrieved into your browser’s cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Services; any other matter relating to the Website or the Services. We neither assume, nor authorize any other party to assume on our behalf, any other liability in connection with the Services other than as set forth herein. Notwithstanding the foregoing, our total cumulative potential liability to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to us for your use of the Website or the Services. This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

15. Waiver of Damages

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOCHECKIT SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 GOCHECKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY OTHER MATTER RELATING TO THE SERVICE.

16. Indemnification

You are solely responsible for your actions when using the Services. You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Services by you; (ii) your use of the Website or the Services; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account. We shall conduct a defense in any such third-party claim or proceeding in our sole discretion and you shall fully cooperate with us for such purpose.

17. Choice of Law and Forum

The substantive laws of the State of Texas, USA, shall govern the Terms of Use and the relationship between you and us and any other matter connected with, or deriving from, the Website or the Services, notwithstanding your actual place of residence. The competent courts located in the District of Texas, USA, shall have exclusive personal jurisdiction over any lawsuits arising from or relating to these Terms or your use of the Website or the Services and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose. You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. Mandatory Arbitration and Class Waiver

Any controversy or claim arising out of or relating to the use of the Services, or the breach of these terms of use, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Parties agree that (i) no arbitration proceeding hereunder, or other proceeding, whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

19. General Provisions

Entire Agreement. These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and us with respect to the subject matter hereof, and, unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Services, other than those contained in these Terms. Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and us. The agreement pursuant to these Terms is between you and us and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof. If any dispute arises between you and any third party, you understand and agree that we are under no obligation to become involved and you hereby release us from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect. Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision. Waiver . Any waiver of any provision of these Terms will be effective only if made in writing and signed by us; any delay or failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Assignment . You may not assign your rights or delegate your responsibilities hereunder without our express written permission of. We may, at any time, assign our rights or delegate its obligations hereunder without notice to you.

20. Notices

We shall be permitted to send notices to you by sending notification to the contact information provided or via e-mail to the address that you provided if applicable.

21. Mobile services

SoftKey Marketing provides check-in app and is currently using short codes on your behalf. Message frequency will not exceed one per day. Message and data rates may apply. Text START, SUBSCRIBE to opt in. Text STOP, END, CANCEL, UNSUBSCRIBE OR QUIT to cancel the reminders via text. Reply UNSTOP to subscribe again. Text HELP for help. Max 4 messages per week. Message and data rates may apply. Text START or SUBSCRIBE to receive messages from SoftKey Marketing. Participating wireless carriers include (but are not limited to):

AT&T

Sprint/Boost/Virgin

T-Mobile/MetroPCS

Verizon Wireless

CellCom USA

C Spire Wireless

S. Cellular

Carolina West Wireless (CWW)

Google Voice

ACS/Alaska

Advantage Cellular (DTC Wireless)

Appalachian Wireless

Bluegrass Cellular

Cellular Network Partnership (PIONEER)

Cellular One of East Central Illinois

Chat Mobility USA

Coral Wireless (Mobi PCS)

Element Mobile (Flat Wireless)

Epic Touch (Elkhart Telephone)

GCI Communications Corp

Golden State Cellular

Illinois Valley Cellular (IV Cellular)

i Wireless (IOWA Wireless)

Nex-Tech Wireless

MTA Communications

MTPCS (Cellular One Nation)

Cross Telephone Company (MBO Wireless)

Duet IP (Maximum Communications

Core Wireless)

Inland Cellular Telephone Company

Immix(Keystone Wireless)

Mosaic (Consolidated or CTC Telecom)

Northwest Missourri Cellular Limited

Peoples Wireless

Panhandle Telecommunications Systems(PTCI)

RINA

Revol Wireless USA

SI Wireless/Mobile Nation

SRT Wireless

Texas RSA 3 Ltd(Plateau Wireless)

Thumb Cellular

United Wireless

Union Telephone Company(Union Wireless)

Viaero Wireless

West Central Wireless (5 Star Wireless)

Sagebrush Cellular (Nemont)

Pine Cellular

Aio Wireless/Cricket

SouthernLinc

Bandwidth

Copper Valley

Leaco

Cable Vision

Buffalo Wireless

Chariton Valley Cellular

Pine Belt Wireless

Atlantic Tele-Network International (ATN)

The wireless carriers are not liable for delayed or undelivered messages. Please find the Privacy Policy for this short code on this link. T-Mobile is not liable for delayed or undelivered messages.

For support, please call us or email contact@softkeymarketing.com

Softkeymarketing.com, LLC

Colorado, USA