What personal information does SimplyCheckingIn.com collect?
During our registration process prior to using the site, SimplyCheckingIn.com requires that you supply your name, e-mail address, phone number, and other identifying information. This information is used to establish your SimplyCheckingIn.com account, and so that we may contact or identify you for support purposes.
During our ordering process, SimplyCheckingIn.com requires that you provide us with a credit card number and other associated information. This information will be encrypted and stored so that we may process future orders and subscription renewals.
SimplyCheckingIn.com will record your voice inputs (messages) in order to transmit them to the phone numbers you provide. SimplyCheckingIn.com reserves the right to review these messages at any time and for any reason, particularly if we have reason to believe that messages are in violation of the SimplyCheckingIn.com User Agreement.
SimplyCheckingIn.com employs cookies to recognize you and your access privileges on our site, as well as to track site usage. Subscribers who do not accept cookies cannot use the SimplyCheckingIn.com service.
SimplyCheckingIn.com logs IP addresses and tracks activity on the website for systems administration, troubleshooting, and product improvement purposes.
SimplyCheckingIn.com will use the email address you provide at registration as the primary method for communicating account-related information with you.
To prevent unauthorized access, maintain data accuracy, and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online.
Will my information be used for marketing purposes by SimplyCheckingIn.com or any other company?
Other than our payment processor, SimplyCheckingIn.com does not currently have any relationships with any third parties that may want or require your personal information. Therefore, you will not receive marketing messages from any company other than SimplyCheckingIn.com.
SimplyCheckingIn.com may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to account owners and individuals that have a login to the SimplyCheckingIn.com service.
At the end of your messages, SimplyCheckingIn.com may give call recipients the option to remove their phone number from our service.
The SimplyCheckingIn voice broadcasting service places the ability to contact people in the hands of you, the subscriber. SimplyCheckingIn respects your privacy. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own daily calls, we feel it necessary to provide you the subscriber with the following information in an effort to insure that all SimplyCheckingIn calls are conducted responsibly.
SimplyCheckingIn is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call prior to using SimplyCheckingIn services. You are ultimately responsible to make your own informed decisions regarding your call.
Tel-Tron Technologies Corporation ("Tel-Tron") is providing users ("User") with access to its telephone messaging services and web site, (the "SimplyCheckingIn Service"), subject to the terms and conditions of this User Agreement (the "Terms of Service"). Any new features, changes, updates or improvements of the SimplyCheckingIn Service, and the availability of new SimplyCheckingIn services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
Please read the User Agreement carefully before using or registering for the SimplyCheckingIn Service. By using or registering for the SimplyCheckingIn Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the SimplyCheckingIn Service.
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the SimplyCheckingIn.com web site.
Unless explicitly stated otherwise, any new features that augment or enhance the current SimplyCheckingIn Service, including the release of new Tel-Tron properties, shall be subject to the User Agreement. You understand and agree that the SimplyCheckingIn Service is provided "AS-IS" and that Tel-Tron assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store or deliver any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the SimplyCheckingIn Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
If you are under the age of eighteen, you are prohibited from using or registering for the SimplyCheckingIn Service. By using or registering for the SimplyCheckingIn Service, you warrant to Tel-Tron that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the SimplyCheckingIn Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the SimplyCheckingIn Service is inappropriate for your child.
a) Voice Broadcasting - Access to the SimplyCheckingIn Service is achieved by dialing a toll- free number within any of the contiguous forty eight (48) states of the United States, Alaska, Hawaii, Puerto Rico, and Canada. Tel-Tron is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the SimplyCheckingIn toll-free phone number, e.g., cellular, mobile, or pay phones.
The SimplyCheckingIn Service delivers voice messages anywhere within the contiguous forty eight (48) states of the United States, Hawaii, Puerto Rico, and Canada. Messages CANNOT be delivered to Alaska.
b) Text Broadcasting – Your receipt of text messages may result in standard messaging charges from your cellular service carrier. Additionally, your group members may incur charges when you initiate text broadcasts. Tel-Tron is not responsible for any charges that you or your group may incur from use of our service.
The SimplyCheckingIn service sends text messages within the United States and Canada only, excluding Puerto Rico. SimplyCheckingIn’s network may not include all cellular carriers in the United States and Canada, and may result in undelivered messages.
When you are registered, you will establish a Username and a Password. You are responsible for protecting the confidentiality of your Username and Password, and you are fully responsible for all activities that occur under your Username.
You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify Tel-Tron of any loss, compromise or unauthorized use of your Username and Password or any other breach of security. You may notify Tel-Tron by sending an e-mail to email@example.com. Tel-Tron will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username and Password.
You agree and consent that Tel-Tron may record oral or voice communications, utterances, conversations or commands, made by you during the use of the SimplyCheckingIn Service. By using the SimplyCheckingIn Service, you expressly consent and grant to Tel-Tron the right to record and use these recordings. If you do not authorize Tel-Tron to make or use these recordings, you may not use the SimplyCheckingIn Service.
Tel-Tron is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that Tel-Tron is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the SimplyCheckingIn Service.
You agree that Tel-Tron may limit your use of the SimplyCheckingIn Service, including without limitation the frequency and duration for which you may access the SimplyCheckingIn Service, and that Tel-Tron has no responsibility or liability for any unavailability or limitation on use of the SimplyCheckingIn Service. In addition, Tel-Tron reserves the right at any time to limit: access to, modify, change or discontinue the SimplyCheckingIn Service, or any part thereof, with or without notice. You agree that Tel-Tron shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SimplyCheckingIn Service. You acknowledge and agree that Tel-Tron may establish general practices and limits, which may not be published, concerning the use of the SimplyCheckingIn Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the SimplyCheckingIn Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Tel-Tron has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the SimplyCheckingIn Service. You acknowledge that Tel-Tron reserves the right to terminate any inactive or dormant account(s). You agree and Tel-Tron reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
As a condition of your use of the SimplyCheckingIn Service, you agree and warrant to Tel- Tron that you will not use the SimplyCheckingIn Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the SimplyCheckingIn Service in any manner that could damage, impair, disable or overburden the SimplyCheckingIn Service, interfere in any way with Tel-Tron’s rights, interfere in any way with any other user's use and enjoyment of the SimplyCheckingIn Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to Tel-Tron that:
Tel-Tron will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to Tel-Tron (and our customer base) in numerous ways including, but not limited to, damaging the SimplyCheckingIn or Tel-Tron brand names, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Tel-Tron retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Tel-Tron; then you agree to pay Tel-Tron liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your SimplyCheckingIn account; otherwise, you agree to pay Tel-Tron's actual damages, to the extent such actual damages can be reasonably calculated by Tel-Tron.
User agrees that all marketing or sales related text messages will comply with policies and guidelines for the Mobile Marketing Association. More information can be found at http:// mmaglobal.com/policies.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., the Federal Trade Commission’s Telemarketing Sales Rule including the August 2008 Amendment at 16 CFR Part 310, and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the SimplyCheckingIn Service will not cause Tel-Tron to violate these or other similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the SimplyCheckingIn Service will not cause Tel-Tron to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which SimplyCheckingIn Services will be applicable. User understands and agrees that Tel-Tron will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the SimplyCheckingIn Service.
As part of the SimplyCheckingIn Service, Tel-Tron may offer User access to communications, media and commerce services. Tel-Tron does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the SimplyCheckingIn Service. You acknowledge that the SimplyCheckingIn Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Tel-Tron has no obligation to screen, preview, or monitor such Content. By using the SimplyCheckingIn Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the SimplyCheckingIn Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Tel-Tron be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the SimplyCheckingIn Service.
Tel-Tron may make identifiable information available to our employees and third parties with whom we contract. In addition, Tel-Tron may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Tel-Tron may make such uses of information you provide or Tel-Tron collects.
While Tel-Tron is committed to protect your privacy, Tel-Tron does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Tel-Tron may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Tel-Tron, its users or the public. Tel-Tron does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Tel-Tron, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
The basic account fees ("Service Fees") shall be provided at the rates set out in the SimplyCheckingIn pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Tel-Tron may modify subscription Service Fees at renewal periods.
Service Fees for subscription users of the SimplyCheckingIn Service will be automatically charged on the first day of each month to the credit or debit card on file for User.
If for any reason payment is not effected through User's credit or debit card and payment becomes past due, Tel-Tron will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that Tel-Tron may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, Tel-Tron reserves the right to immediately and without notice terminate the account of any User with a past due balance.
Tel-Tron reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email.
Unlimited Usage on Subscription Accounts: You agree and Tel-Tron retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If Tel-Tron determines that an account is abusing the unlimited usage privilege, Tel-Tron may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. Tel-Tron reserves the right to charge an additional fee per call for any excessive calls, as determined at the sole discretion of Tel-Tron.
Tel-Tron may permit User to use the SimplyCheckingIn Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a SimplyCheckingIn subscription as described on the SimplyCheckingIn web-site. Tel-Tron reserves the right to terminate the account of any free trial User at any time.
SimplyCheckingIn Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the SimplyCheckingIn.com website. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to firstname.lastname@example.org. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.
The SimplyCheckingIn Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the SimplyCheckingIn Service. Tel-Tron does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Tel-Tron is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve Tel- Tron.
You agree that Tel-Tron is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
YOU AGREE THAT:
A. IF YOU USE THE SIMPLYCHECKINGIN SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE SIMPLYCHECKINGIN SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEL-TRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR SIMPLYCHECKINGIN MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. TEL-TRON DOES NOT WARRANT THAT (i) THE SIMPLYCHECKINGIN SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SIMPLYCHECKINGIN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIMPLYCHECKINGIN SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SIMPLYCHECKINGIN SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR TEL-TRON COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE SIMPLYCHECKINGIN SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SIMPLYCHECKINGIN SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM TEL-TRON OR THROUGH OR FROM THE SIMPLYCHECKINGIN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY AGREE THAT TEL-TRON SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEL-TRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SIMPLYCHECKINGIN SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SIMPLYCHECKINGIN SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SIMPLYCHECKINGIN SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SIMPLYCHECKINGIN SERVICE.
You agree to indemnify, defend and hold harmless Tel-Tron, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that the SimplyCheckingIn Service and any necessary software used in connection with the SimplyCheckingIn Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the SimplyCheckingIn Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the SimplyCheckingIn Service, except as set forth herein. Tel-Tron, the SimplyCheckingIn logo and other Tel-Tron logos, product and service names may be trademarks, service marks or other intellectual property of Tel-Tron (the " Tel-Tron Marks"). You agree not to display or use the Tel-Tron Marks in any manner without the prior, express written permission of Tel-Tron.
You agree that Tel-Tron may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the SimplyCheckingIn.com web site or through the SimplyCheckingIn Service.
The User Agreement governs your use of the SimplyCheckingIn Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Tel-Tron. They supersede any prior agreements between you and Tel-Tron regarding the SimplyCheckingIn service. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Tel-Tron possesses with respect to this User Agreement.
The User Agreement and the relationship between you and Tel-Tron shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SimplyCheckingIn Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Tel-Tron exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Daytona Beach, Florida. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by Tel-Tron to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.