IWCI Terms of Service Agreement

(Version 1.0)

Last updated January 12, 2017

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

This IWCI Terms of Service Agreement (this/the "Agreement") governs your use of the website and any services provided by the website located at IWillCheckIn.com, including any and all underlying technologies and programs developed internally by IWCI or contracted for with third parties used in the delivery and operation of IWillCheckIn.com, (the "Website") operated by IWCI LLC ("IWCI"), a Massachusetts based Limited Liability Company, and is solely between you and IWCI. By using the Website you agree to the terms and conditions set forth herein and if you do not agree with those terms and conditions set forth herein in their entirety you should not use the Website. This Agreement supersedes and replaces in its entirety any other agreement you may have entered into previously with IWCI or any representatives of IWCI including employees, members, contractors or others representing themselves as IWCI.

1. Reliance Upon the Website.

1.1 Emergency Situations. The Service should never be used in the event of any emergency. In the event of an emergency of any type, please dial 911 or use whatever means is available in your area to contact emergency authorities.

1.2 Service Failure. Member acknowledges and agrees that the Website relies upon computer hardware, computer software, the Internet, and external telephone networks and as such the Website may experience interruptions, errors or omissions, or unforeseeable delays with respect to your interaction with the Website due to computer hardware issues, computer program errors or omissions, other hardware, software program, technical or communication issues, acts of God, or other acts or omissions that may be within the control of IWCI or may be outside the control of IWCI.

1.3 Reporting of Service Errors. You agree to report any errors or omissions or other problems that you believe have caused any kind of an issue in your use of the Website to IWCI immediately upon learning of such errors or omissions or problems. Reporting may be accomplished by using the Contact Us form on the Website.

1.4 Responsibility. You understand that in all cases, you should set up CheckIn notifications to be sent to a responsible party that tell you when someone does clear a CheckIn notification and also if someone does not clear a CheckIn notification by a certain time. By doing so, you should receive notification from the Website at the indicated time, either positive or negative, and if you do not receive such notification(s) from the Website by whatever time you have determined, you agree to be responsible for following up with that person outside the Website to determine if the person did not successfully CheckIn or if there has been a Service Error, in which case you should report the Service Error as set forth in Section 2.3 of this Agreement.

1.5 Warranty. Since the Website is subject to Service Failure as set forth in Section 2.2 of this Agreement, the Website is not warranted to be suitable in life-threatening or emergency situations, or any other situation where the failure or potential failure of the Website can cause injury, harm, death, property damage, or any other problems, including, without limitation, delays in getting medical care or other emergency services.

2. Account Security.

2.1 Confidentiality. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password.

2.2 Unauthorized Use. You agree to:

(a) immediately notify IWCI via the Website's Contact Us option of any unauthorized use of your username or password or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. IWCI will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your IWillCheckIn.com account.

3. Use of the Website.

3.1 Communications to Other Parties. You represent and warrant that you will obtain the permission of any party to whom communications will be sent ("Contact(s)") prior to the sending of those communications from the Website and that all Contacts have been informed of this Terms of Service document and the Privacy Document available on the Website as those documents relate to them and that they have given their permission for you to use their information on the Website.

3.2 Adding People to Your Account. Once the first person in a group creates an account ("Account") they may add other people to that account ("User(s)"). Any User added to your account by any User of the Account will have complete access to your Account, including the permission to add, edit or delete all information on the Website related to your Account, including all CheckIns and all Account information, and the ability to add or delete Users.

3.3 Unauthorized Use. Illegal and/or unauthorized uses of the Website include, but are not limited to, use of the Website in any fraudulent or misleading manner, interfering with, disrupting, or creating an undue burden on the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of IWCI, which may be revoked at any time, for any reason, in IWCI's sole discretion.

3.4 Illegal or Other Criminal Acts. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

3.5 Rent, Sale or Lease of the Website. You must not rent, sell or lease access to the Website to any party. You must not sell or transfer, or offer to sell or transfer, any IWCI account to any third party without the prior written approval of IWCI.

3.6 Misrepresentation. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

3.7 Access from Outside the United States.

(a) Any notification sent from the Website must be to a contact located within the United States.

(b) If you send a notification to a contact outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

(c) If you send a notification to a contact outside of the United States, you are responsible for any additional charges that may be incurred by IWCI and your account may be terminated under the provisions of this Agreement.

4. Representations and Warranties.

4.1 Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that:

(a) You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;

(b) You have read and understand this Terms of Service; and

4.2 Messages.

(a) Message Content. Any messages you create and send from the Website, including any comments that you may post on the Website, are not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.

(b) Liability. Any messages you create and send from the Website will not create any liability on the part of IWCI, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, officers and/or members.

(c) Removal. IWCI reserves the right to remove your messages, suspend or terminate your access to the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

5. Term and Payment.

5.1 Agreement in Force. This Agreement will remain in full force and effect while you use the Website and as per Section 5.3 (d) of this Agreement, after your Account is terminated.

5.2 Termination by You. You may terminate your membership and/or subscription at any time by discontinuing use of the system or cancelling your account by notifying IWCI.

5.3 Termination by IWCI.

(a) IWCI may terminate your Account at any time for any reason by disabling your Account and removing all active CheckIns.

(b) All decisions regarding the termination of accounts by IWCI shall be made in the sole discretion of IWCI.

(c) IWCI is not required to provide you notice prior to terminating your Account. IWCI is not required, and may be prohibited, from disclosing a reason for the termination of your account.

(d) Even after your Account is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5.4 Payment for Services.

(a) Payment for the Website will be made by credit card at the time your Account is or at any time in the future as you purchase additional products.

(b) All payments are charged in advance of service and are non-refundable.

(c) You agree to pay a monthly or annual Account fee that provides you with access to the Website and the services required to maintain an account. You may also purchase communication credits ("Comms") for any notifications to be sent from the system. Each Comm represents one communication from the system, either a telephone call, a text message or an email communication. If there are not sufficient Comms available in the Account at a time when a CheckIn is scheduled to execute, the CheckIn will not execute. At our discretion, we may attempt to notify you in advance if it appears you do not have enough Comms available but make no representation that we will be able to effectively do that.

5.5 Refunds. There will be no refunds for unused services.

6. Other Items.

6.1 Modifications to the Website. IWCI reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that IWCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6.2 Blocking of IP Addresses. In order to protect the integrity of the Services, IWCI reserves the right at any time in its sole discretion to block Accounts from certain IP addresses from accessing the Website.

7. Limitation of Liability.

7.1 Liability for Damages. In no event shall IWillCheckIn.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website, or use thereof. Nothing contained in the Website or in any written or oral communications from IWCI or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

7.2 Content and Functionality. The content and functionality on the Website provided by employees of IWCI are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. IWCI makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website's content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Website is at your sole risk. UNDER NO CIRCUMSTANCES SHALL IWCI, ITS OFFICERS, MEMBERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF IWCI HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7.3 NO LIABILITY FOR IWCI. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL IWCI HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF IWCI HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

9. Indemnity by You.

9.1 Agreement to Indemnify IWCI You agree to indemnify and hold IWCI, its subsidiaries, affiliates, officers. members, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

(a) your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;

(b) any activity related to your account, either by you or by any other person accessing your account with or without your permission.

10. Attorney Fees.

10.1 Responsibility for Attorneys Fees In the event that IWCI is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for IWCI's attorneys' fees and costs.

11. Privacy.

10.1 Privacy Policy Use of the Websites and/or the Service is also governed by our Privacy Policy

12. Jurisdiction and Choice of Law.

12.1 Dispute Resolution If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Massachusetts with the same force and effect as if such service had been made within the State of Massachusetts. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

14. Entire Agreement.

14.1 Entire Agreement This Agreement contains the entire agreement between you and IWCI regarding the use of the Website.

15. Severability.

15.1 Waiver If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, IWCIs failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect IWCI's ability to enforce such term at any point in the future.

Contact. For questions or concerns relating to Terms of Service, we can be contacted at admin@iwillcheckin.com.

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