Terms of Service
Smart Checkin is owned and operated by Nguyener Marketing LLC. Here are our terms and conditions:
You agree to receive contact for marketing purposes at the telephone number that you provided upon registering, from SmartCheckin, as well as the specific company on whose behalf SmartCheckin 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTCHECKIN 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.
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.
Rewards
All rewards on Smart Checkin App are set by relevant merchants (i.e. Rewards Providers) and Smart Checkin App will not responsible for any issues for rewards and rewards redemption.
T-Mobile is not liable for delayed or undelivered messages. For support, please email [email protected]
Below is our Terms Of Service for Payments on SmartCheckin App:
Last Revision Date: Jan 06, 2021
Smart Checkin App (“Smart Checkin App”) enables consumer-to-business payments and business-to-business as described below in Section 3.2. These Terms of Service (the “Agreement”) are a legal agreement among Smart Checkin App and the app end users. This Agreement governs your use of our application Smart Checkin App on Apple Store and Play Store and the associated software and services (collectively the “Services”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY Smart Checkin App SERVICES. If you do not agree to this Agreement, do not use the Services.
This Agreement provides that all disputes between you and Smart Checkin App will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Please review Section 26 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any dispute with Smart Checkin App.
As used in this Agreement, the words “you” and “your” refer to you, a User (defined below) of the Services and the Party agreeing to this Agreement. The words “we,” “us,” “our” and any other variation thereof refer to Smart Checkin App.
By accessing the Services, you agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to this Agreement, do not use the Services. You represent that you have authority to enter into this Agreement on your own behalf and on behalf of any person or organization for which you act.
Smart Checkin App may modify this Agreement at any time in its sole discretion by updating this posting. We will take reasonable steps to notify you of any material changes to this Agreement. Your continued use of the Services after a modification signifies your agreement to the modification. If you have any questions about this Agreement, please contact us at: [email protected]
3.1. Description of the Services. Smart Checkin App provides Services which generally enable United States-based customers to transmit payments for commercial purposes to United States-based business recipients (“Recipients”), including Recipients who do not accept a Payor’s preferred payment method (collectively “Users”). Payors may capture a Recipient invoice using their mobile device, upload an invoice electronically, import an invoice from various accounting software, or enter in invoice details manually. Such information may be used to generate a bill which can then be synched with various accounting software. Smart Checkin App may also partner with Recipients to facilitate their receipt of funds and crediting of customer accounts. Recipients may generate and upload invoices through the Smart Checkin App Services to request payment from Payors, Recipients may request payment from Payors without uploading invoices, and Recipients may also request payment from payors that have not registered for Smart Checkin App’s Services. For access to and use of the Services, Smart Checkin App may charge Users a fee (the “Fee”) at the time of Payment submission.
3.3. Accepted Payment Methods. Smart Checkin App enables Users to transmit payments to Recipients via automated clearinghouse (“ACH”), credit or debit card, or via wire transfer. Recipients may receive payments via paper check, electronic check, debit card, or ACH transfer.
3.4. Fund Ownership.
4.1. Eligibility Requirements. In order to use the Services, you must (i) be an individual of at least 18 years of age and able to form legally binding contracts under applicable law, (ii) have a valid and active e-mail address, (iii) use the Services on behalf of a United States-domiciled business entity or freelancer; and (iv) have a valid deposit account at a Smart Checkin App supported bank. Other restrictions may apply.
4.2. Creating an Account. In order to access the Services as a User, you must create an account (“Account”). When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information including your name, a valid email address, information about your business, and a strong password (collectively, your “Registration Information”). We may also request additional information, such as your business’ EIN, after you have created your Account. You agree to provide true, accurate and complete Registration Information and to notify us promptly if any of your Registration Information, including your email address, changes. You agree that you will take reasonable precautions to safeguard your password and other authentication details and keep them confidential. You are responsible for all activity that occurs in association with your Account. Smart Checkin App is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials.
4.3. Privacy; Identity Authentication
4.4. Linking a Payment Method. Once you have created an Account, you may link various payment methods, including your depository accounts with financial institutions (each, a “Bank Account”) or credit or debit cards.
4.5. Payment Method Verification. Upon addition to your Account, your Bank Account may be verified to confirm its validity. A temporary, small authorization charge may appear on your bank statement. You authorize Smart Checkin App to credit your Bank Account with two (2) different and random micro deposits, which you will be required to enter once prompted through the Services. You also authorize Smart Checkin App to debit your Bank Account for the amounts of the two (2) micro deposits within ten (10) business days.
4.6. Your Existing Payment Method Terms.
4.7. Restrictions on Payment Methods. To prevent fraud and comply with legal obligations, we may put your payment method on hold for review. If you do not cooperate with our review process, your payment may be delayed or declined. We reserve the right to limit or refuse your use of a particular payment method for any reason in our sole discretion.
4.8. Recipient Setup. To use the Services, a Payor may enter payment information for Recipients. The Payor must provide correct and current payment information for each Recipient as follows:
o Invite the Recipient to set up an Account by sending the Recipient an email invitation through the Services;
o Input the Recipient’s bank routing number and bank account number through the Services;
o Input the Recipient’s telephone number and email address; or
o Confirm existing Recipient details (if they have previously used the Services and Smart Checkin App has retained such Recipient
details).
Please note that the ability to effect electronic payment to new Recipients will depend on the Recipient’s willingness to provide us and the Banks with its banking details. If the Recipient does not provide this information, neither the Banks nor Smart Checkin App will be able to complete your transaction electronically and we or our business partners will send such a Recipient a paper check.
You are responsible for verifying the accuracy of the foregoing Recipient information prior to scheduling payments, and neither Smart Checkin App nor the Banks will have liability for losses or damages due to your or your Recipient’s actions or inactions. If you invite a Recipient to set up an Account, it will take several business days to complete the verification process required to activate the Account for electronic payments. If you input a Recipient’s bank routing number and bank account number on behalf of a Recipient, you represent and warrant that you have obtained from the Recipient the authorizations set forth in Section 4.6 above.
Alternatively, a Payor may invite a Recipient to set up their own Account and provide their appropriate payment information.
5.1. Payment Submission. Payments can be submitted for immediate or future processing via the Services. Payment submission requires at least the following to be specified:
Any or all of the above fields may be pre-filled for you. As further outlined in our Privacy Policy and the Banks’ privacy policies, you agree to allow Smart Checkin App (and to the extent applicable, the Banks) to share this information with your payment Recipient.
5.2. Payment Information. Smart Checkin App may require additional information from you at the time you submit a payment. This may include, but is not limited to, requesting additional documentation related to a specific payment or additional details regarding the designated Recipient.
6.1. General Payment Authorization.
from you. In order to process payments more efficiently and effectively, the Banks, at Smart Checkin App’s instruction, may submit payments to the best known Recipient address. When necessary, the Banks, at Smart Checkin App’s instruction, may alter payment data or data formats or change or reformat your Recipient account number to match the account number or format required by your Recipient for electronic payment processing.
credit your payment method for payments returned to us by the
Post Office or Recipient, or payments remitted to you on behalf of
another authorized user of the Services.
6.2. ACH Authorization. Where you choose to pay a Recipient via ACH, you authorize Smart Checkin App or the Banks to debit your payment method in increments or as a lump sum and remit funds in accordance with your payment instructions through the ACH. You also give Smart Checkin App or the Banks the right to resubmit any ACH debit that is returned for insufficient or uncollected funds, or any other reason. You agree that payment transactions will be governed by the rules established by NACHA, the Electronic Payments Association, as in effect from time-to-time, under which you are an “Originator”, Smart Checkin App is a “Third Party Service Provider,” and the Banks are the “Originating Depository Financial Institutions.” You are responsible for all claims, demands, losses, liabilities and expenses (including attorneys’ fees and costs) that result directly or indirectly from your failure to perform your obligations under the NACHA rules and you indemnify Smart Checkin App and the Banks for the same.
7.1. Review. At any time post submission, your payment may be subject to review, which serves to better understand the nature of and reason for your payment. During this review process and for any reason, Smart Checkin App or the Banks may place a temporary hold on the delivery of your payment for as long as reasonably required to conduct an appropriate inquiry regarding you, the Recipient, your business, a bill, payment history, and other relevant circumstances and factors.
7.2. Cooperation. You acknowledge that Smart Checkin App’s ability to efficiently and effectively review your payment is reliant upon your cooperation, and you absolve Smart Checkin App and the Banks from any negative impacts to the delivery of your payment arising from delayed, incomplete, or insufficient responses to our inquiries.
7.3. Result of Payment Review. Depending on the results of this review, Smart Checkin App may instruct the Banks to clear the payment, reverse the payment, or hold the payment pending instructions from a government agency. Smart Checkin App also reserves the right to cancel any payment. In such cases and as permitted by applicable law, your funds will be returned to you via the original payment method, or if necessary via other means.
Recipients or the United States Postal Service may return payments for various reasons such as, but not limited to, Recipient’s forwarding address expired, invalid bank routing number, invalid bank account number, Recipient remittance address is not correct, Recipient is unable to identify an account, or a Recipient account is paid in full. In addition, a Recipient may refuse to accept a payment, and neither Smart Checkin App nor the Banks will have liability for any resulting loss or damage. Smart Checkin App will use commercially reasonable efforts to provide you with notice of returned payments and will offer you through the Services the choice whether to void and credit or void and reissue the payments. You agree that neither Smart Checkin App nor the Banks shall have any liability for any such returned payments. Unless otherwise directed, Smart Checkin App will void such payments. You hereby authorize Smart Checkin App or the Banks to credit such payments to your payment method.
You agree at all times to maintain sufficient funds in your payment method to satisfy all obligations including returns, reversals, and associated fees, and to add funds immediately if Smart Checkin App notifies you that your funds are insufficient. Without limiting any other available remedies, if any payment initiated from your payment method is returned because of insufficient funds, you must reimburse Smart Checkin App (or to the extent applicable, the Banks) for any corresponding payment amount immediately upon demand, plus exceptions processing fees, plus any bank fees, charges or penalties for return items. Smart Checkin App or the Banks also reserve the right to debit a Recipient’s account for money paid to the Recipient on your behalf if your payment is returned because of insufficient funds or any other reason. Each of Smart Checkin App and the Banks reserves the right to withhold funds from a payment to a
Recipient if the Payor has an outstanding balance with Smart Checkin App. You shall be solely responsible for all penalties, interest charges, late payment fees and service fees resulting from such a debit to the Recipient.
Scheduled payments may be cancelled, rescheduled or modified by following the directions through the Services. There is no charge for canceling, rescheduling or modifying a payment before it is processed. However, once Smart Checkin App or the Banks have begun processing a payment, it cannot be cancelled, rescheduled or modified, and you must submit a stop payment request.
In the event that you as Payor initiate a chargeback, clawback, or ACH return for a payment that has already been transmitted to the Recipient, you agree to assign to Smart Checkin App any claims against your Recipient associated with such chargeback, clawback or ACHreturn. You further agree that we may contact your Recipient directly to request reimbursement for any payment that has been transmitted to the Recipient and for which you have initiated a chargeback, clawback, or ACH return.
In the event that Smart Checkin App receives a chargeback, clawback or ACH return, you as Recipient authorize Smart Checkin App to debit your Payment Method on file for the amount of the chargeback plus any associated fees or to withhold funds from future distributions.
11.1. Payment Refunds.
11.2. Refunds for Electronic Payments. Smart Checkin App may refund electronic payments, including those delivered via Electronic Fund Transfer (“EFT”), ACH and card network providers, prior to their disbursement.
11.3. Refunds for Check Payments.
may place a “stop payment” request to ensure it cannot be
deposited. In such cases, we suggest that you contact your
Recipient to let it know not to deposit the stopped check.
Recipient to not deposit your check, and you agree not to hold
Smart Checkin App or the Banks liable for any costs you may incur from your
Recipient in such a case.
12.1. Service Fees.
depending on applicable rules.
time of submission and will be charged on the payment’s Process
Date. If a Scheduled payment is edited prior to its Process Date,
the applicable Fee will be recalculated based on the presently
defined rules.
12.2. Fee Updates. Fees may vary, depending upon factors including but not limited to the payment’s Recipient, the payment method, and other variables both which may or may not be controlled by Smart Checkin App. Fees are subject to change at any time without prior notice and are calculated in real time and presented to you during review of your payment, prior to submission or edit.
IN NO EVENT SHALL Smart Checkin App, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS,
SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “Smart Checkin App PARTIES”) OR THE BANKS, THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BANK PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT Smart Checkin App OR THE BANKS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL LIABILITY OF THE Smart Checkin App PARTIES (IN AGGREGATE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED IN THE SIX (6) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION AROSE. FOR TEXAS RESIDENTS ONLY, EVOLVE SHALL BE LIABLE FOR ITS FAILURE TO REMIT FUNDS RECEIVED BY Smart Checkin App PURSUANT TO PARAGRAPH TWO OF SECTION 3.4 TO RECIPIENTS IN COMPLIANCE WITH YOUR
INSTRUCTIONS; PROVIDED, HOWEVER, THE TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FUNDS TRANSFERRED TO Smart Checkin App BY YOU. SUBJECT TO THE PRECEDING SENTENCE, THE BANK PARTIES SHALL HAVE NO OTHER LIABILITY TO YOU UNDER THIS AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such case, the liability of the Smart Checkin App Parties shall be limited to the greatest extent permitted under applicable law.
You agree to defend, indemnify and hold the Smart Checkin App Parties and the Bank Parties harmless (including payment of reasonable attorney’s fees) against any claim or demand (including attorneys’ fees) made or incurred by any third party arising out of or relating to (a) your breach of any provision of this Agreement; (b) any actions taken by Smart Checkin App or the Banks pursuant to your instructions, including wage-and-hour law claims; (c) your use of the Smart Checkin App Services or any Bank services; (d) your obligations to pay fees or fines to Smart Checkin App, the Banks or any third parties; (e) negligence or willful misconduct of your affiliates, employees, contractors, or agents; and (f) all third-party indemnity obligations Smart Checkin App or the Banks incur as a direct or indirect result of your acts or omissions (including indemnification of any payment card network, card issuer, or intermediary bank).
You may request the closure of your Account at any time by emailing Smart Checkin App at [email protected]. Smart Checkin App also reserves the right to close your Account at any time with or without notice to you for any reason (including failure to pay Fees or inactivity). You will remain liable for all obligations related to your Account even after your Account is closed, including any fees or charges already due to Smart Checkin App.
You may not close your Account to evade an investigation. Any payments processed prior to Account closure will be completed by the Services, except
those that may be cancelled following a payment review, per Section 9. All scheduled payments for which you have not yet been debited at the time of Account closure will be considered cancelled.
Smart Checkin App, in its sole discretion, reserves the right to suspend or terminate this Agreement, or suspend, terminate, or limit your access to, or use of, your Account or some or all of the Services at any time upon notice to you. Please note that Smart Checkin App reserves the right to terminate the Services at any time. Smart Checkin App will try to notify you in advance, but is not obliged to do so.
17.1. Consent to Communications. Because the Services are provided electronically, you agree that Smart Checkin App may provide important information electronically. Smart Checkin App will issue the following information and disclosures (“collectively, “Communications”) electronically via the Smart Checkin App Services or via electronic mail (“email”):
these agreements or policies;
Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Service.
17.2. No Obligation to Provide Paper Communication. Although Smart Checkin App reserves the right to provide Communications in paper format at any time, you agree that Smart Checkin App is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services.
17.3. Withdrawal of Consent. You can withdraw your consent to receive most Communications from Smart Checkin App by emailing us at [email protected] or following the unsubscribe procedure contained in any Communication you receive from us. However, if you withdraw your consent, you may no longer be eligible to use certain portions of the Services. Smart Checkin App also reserves the right to terminate your Account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after Smart Checkin App has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Smart Checkin App in its sole discretion. Withdrawing your consent will not affect the completion of pending payments or the validity of completed payments.
17.4. Requesting Paper Documents. You have a right to receive Communications in paper form. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you. Smart Checkin App will provide paper copies free of charge. Requests to receive any paper copy may be made by mailing a written request to: 142 W 57th St, New York, NY 10019. We will provide a replacement Communication within fifteen (15) business days. In order for us to send you a paper copy of a Communication, you must have a current mailing address on file in your Account.
17.5. Consent to Text Messages. By entering into this Agreement or using the SERVICES, you agree to receive TEXT MESSAGES FROM Smart Checkin App AT THE TELEPHONE NUMBER THAT YOU PROVIDE TO US. YOU AGREE THAT TEXTS may be generated by automatic telephone dialing systems. TEXT MESSAGES from Smart Checkin App may include but are not limited to: operational communications concerning your Account or use of the Services, updates concerning new and existing features OF THE SERVICES, AND communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
18.1. Governing Law and Forum. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to conflict of law provisions. Any action, proceeding, arbitration hearing or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in San Francisco County, California.
18.2. WAIVER OF JURY TRIAL AND CLASS ACTIONS. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM MAY BE RESOLVED BY BINDING ARBITRATION AND THAT (i) YOU ARE GIVING UP ITS RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM ALLEGED AGAINST THE Smart Checkin App PARTIES; (ii) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY CLAIM ALLEGED AGAINST THE Smart Checkin App PARTIES; (iii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST Smart Checkin App AND/OR RELATED THIRD PARTIES.
In the event of a dispute, claim, or controversy (“Claim”) between you and Smart Checkin App or you and one or more Banks, arising from or relating in any way to this Agreement, the Services, or to the relationship formed between the parties as a result of this Agreement, including Claims regarding the applicability of this arbitration clause or the validity of the entire
Agreement, the Claim shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”)
under the AAA’s Commercial Arbitration Rules. All Claims are subject to arbitration, no matter what theory they are based on. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other source of law. Claims and remedies sought as part of a class action, private attorney general, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. You and Smart Checkin App and you and one or more Banks (as the case may be) will agree on another arbitration forum if the AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you and Smart Checkin App or you and one or more Banks. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The prohibition against class action contained in this Section 26 shall be non-severable from the remainder of this Section 26.
18.3. Arbitration Terms. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys’ fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms of the AAA may be obtained and Claims may be filed at any AAA office, www.adr.org, or 335 Madison Avenue, New York, NY 10017, telephone 1-800-778-7879. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This arbitration agreement applies to all Claims now in existence or that may arise in the future. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any Claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security, or other property interests for contractual debts now or hereafter owned by either party to the other. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND Smart Checkin App AND YOU AND ONE OR MORE BANKS MAY
OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.
19.1. Complete Agreement. This Agreement together with any other Smart Checkin App documents, policies and/or agreements referenced herein sets forth the entire understanding between you and Smart Checkin App with respect to the Services and you and the Banks with respect to banking services or payment processing services. The following sections of this Agreement and all other terms which by their nature should survive, will survive the
termination of this Agreement: 19 (Limitation of Liability), 20 (Disclaimer of Warranties), 26 (Dispute Resolution and Arbitration), 27 (Release of Smart Checkin App and the Banks), and 29 (General). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
19.2. Intellectual Property. “Smart Checkin App”, and all logos related to Smart Checkin App, are either trademarks or registered trademarks of Smart Checkin App or its licensors. You may not copy, imitate or use them without Smart Checkin App’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Smart Checkin App. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Smart Checkin App website, any content thereon, the
Services, the technology related to the Services, and any and all
technology and any content created or derived from any of the foregoing, is the exclusive property of Smart Checkin App and its licensors.
19.3. Force Majeure. Neither Smart Checkin App nor the Banks shall be liable for any issues or delayed performance caused by circumstances beyond Smart Checkin App’s or the Banks’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
19.4. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Smart Checkin App’s prior written consent. Smart Checkin App reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
19.5. Severability. If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
19.6. No Waiver. If Smart Checkin App fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.
