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Terms Of Use

Acceptance of Terms
These Terms of Use (these “Terms”) are entered into by and between you and RR7345 Consulting, LLC d/b/a Start Checkpoints (“Start Checkpoints,” “Company,” “we,” “us,” or “our”) and govern your access to and use of our website located at https://www.startcheckpoints.com, our mobile application(s), and all related content, features, functionality, communications, and services we make available from time to time (collectively, the “Platform”).


By accessing, downloading, registering for, or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Platform.


If you use the Platform on behalf of an agency, department, employer, or other organization, you represent and warrant that you have authority to bind that organization, and “you” includes both you and that organization to the extent applicable.

 


Eligibility; Account Registration
You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use the Platform. You may be required to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur through your account. You must promptly notify us of any suspected unauthorized use or security incident affecting your account. 

 


Nature of the Platform
The Platform is a wellness-support and peer-connection tool designed for first responders and related organizations. The Platform may allow users to create profiles, maintain contact information and important dates, exchange private messages, receive check-in prompts related to calls or events, and schedule wellness-related reminders and calendar entries. The Platform is not a public social network, message board, or community forum. Communications are intended to occur within private or restricted user relationships and organization-approved environments, if any.

 


No Medical Services; No Emergency Response
Start Checkpoints is not a doctor, therapist, counselor, crisis center, emergency dispatcher, or provider of medical or behavioral health treatment. The Platform does not provide diagnosis, treatment, therapy, crisis response, suicide intervention, welfare-check services, or emergency communications. The Platform is not monitored for emergency response purposes, and message delivery, notifications, acknowledgements, or reminders may be delayed, fail, or never be seen. If you or another person may be at risk of self-harm, harm to others, or any medical or mental health emergency, do not rely on the Platform. Call 911, contact emergency services, or seek immediate professional assistance.

 


Organization-Sponsored Accounts
If your access to the Platform is sponsored, purchased, or administered by an agency, department, employer, or other organization, additional terms may apply between us and that organization. In that case, your organization may manage user provisioning, roster information, activation status, and similar account-administration settings; however, absent an express written agreement and applicable legal basis, organization administrators are not granted access to the content of private messages exchanged through the Platform. If your organization terminates or changes your access rights or their subscription, we may suspend, modify, or terminate your access accordingly.

 


Accessing the Platform
We reserve the right to withdraw or amend the Platform, and any services or materials we provide on the Platform, in our sole discretion and without further notice requirements. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or from time to time. We may restrict access to certain parts of the Platform, or the entire Platform to our users from time to time. You are responsible at all times for making all arrangements necessary for you to have access to the Platform, ensuring all persons who access the Platform through your internet connection are aware of these Terms, and ensuring no restrictions prohibit your use of the Platform. To access the Platform, you may be required to provide certain registration details or other information, expressly including your contact information. We may use third party authentication providers at our discretion. It is a condition to your use of the Platform that all information you provide is correct, current, and complete. You acknowledge your access is personal and you will not provide your credentials to anyone else. 

 


User Content and Communications
The Platform may permit you to send messages, create reminders, store notes, enter calendar items, upload limited content, and otherwise communicate with designated users (“User Content”). You retain ownership of User Content you submit, subject to the rights you grant below. You agree not to upload any User Content you do not own or have full rights to use and the Company is not responsible for the content or accuracy of any User Content posted by you or any other user of the Platform. You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, adapt, and otherwise use User Content solely as reasonably necessary to operate, improve, secure, support, and enforce the Platform and these Terms, and to comply with all applicable laws. This license continues only for so long as reasonably necessary for those purposes, subject to backup, archival, legal-retention, and similar operational needs. Because the Platform is not intended to be a public forum, you agree not to use it for public posting, mass solicitation, advertising, campaigning, or unrelated social networking. You understand the Company has the express right and authority to remove or refuse to post any User Content for any or no reason in our sole discretion. You further understand and agree the Company may (a) take any action with respect to any User Content if the Company believes such User Content violates these Terms or Company’s content standards. The Company may disclose your identity or other information for any legal reason to enforce its rights. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.

 


User Responsibilities and Restricted Content
You agree that you will not, and will not permit others to, use the Platform to:

  • violate any law, regulation, court order, employer rule, professional standard, or third-party right;

  • harass, threaten, stalk, abuse, impersonate, or defame any person;

  • share information you do not have the right to disclose, including confidential personnel records, privileged information, active investigation details, CJIS-restricted information, medical records, or protected health information, except to the extent lawfully authorized and specifically contemplated by the Platform;

  • upload malware, malicious code, or harmful files;

  • interfere with or disrupt the integrity, availability, or security of the Platform;

  • scrape, harvest, reverse engineer, or otherwise attempt to access source code or non-public portions of the Platform, except where such restriction is prohibited by law;

  • use the Platform for commercial exploitation, spam, or unauthorized promotional activity; or

  • rely on the Platform as a substitute for professional care, emergency response, or formal employer reporting channels.

 

You are solely responsible for the accuracy, legality, and appropriateness of your User Content and communications.

 

If you provide suggestions, ideas, feedback, or recommendations regarding the Platform (“Feedback”), you agree that the Company may use, disclose, reproduce, license, distribute, and otherwise exploit such Feedback without restriction and without compensation to you. Do not submit Feedback or other information you consider confidential to the Company through public channels; any such submissions will be treated as non-confidential.

 


Privacy and Sensitive Information
Your use of the Platform is subject to our Privacy Policy. Because the Platform may involve sensitive wellness-related interactions, you should use caution before uploading or sharing information. The Platform does not provide location-sharing functionality as currently offered. Unless we expressly state otherwise in writing, the Platform is not intended to receive or maintain protected health information subject to HIPAA on behalf of covered entities or business associates, and Start Checkpoints is not acting as a HIPAA-covered healthcare provider through the Platform.
Text Messages, Push Notifications, and Electronic Communications
You consent to receive electronic communications from us, including emails, text messages, and push notifications relating to account verification, security, reminders, calendar events, check-ins, service updates, and other operational matters. You understand that message and data rates may apply from your mobile carrier. You may disable certain notifications through your device or app settings, but doing so may impair functionality.

 


Intellectual Property
The Platform, including its software, design, text, graphics, logos, trademarks, compilations, “look and feel” and arrangement of all other content provided by the Company (excluding User Content), is owned by, controlled by, or licensed to the Company and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws. Certain words and symbols used to identify the source of third-party goods and services are trademarks of their respective owners. Display of any such trademarks or service marks on the Platform does not imply any affiliation, sponsorship, or endorsement of the Company by the respective owners of such trademarks or service marks, or that a license of any kind has been granted to the Company.  Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of the Content on the Platform is strictly prohibited, and may result in legal action against those engaging in such activities. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works from, decompile, disassemble, reverse engineer, or otherwise exploit the Platform or any part of it. The Company uses commercially reasonable effort to ensure that the content provided on the Platform infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of users to enforce their rights, users are kindly asked to preferably report related complaints using the contact details provided in the Notice and Procedure for Making Claims of Copyright Infringement in accordance with DMCA section below.
These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  • Your computer or other device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your browser or device for display enhancement purposes.·    You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

  • You must not, and hereby agree not to:

  • Modify copies of any materials from Platform.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from Platform.

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. 


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

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Notice and Procedure for Making Claims of Copyright Infringement in Accordance with DMCA
In accordance with the Digital Millennium Copyright Act, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov, the Company will respond expeditiously to clear notices of alleged copyright infringement that are reported to the Company’s designated copyright agent identified below. As part of our response, we may remove or disable access to material residing on the Platform that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. This page describes the information that should be present in these notices.


If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to the Company by providing the Company’s designated copyright agent listed below with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identify in sufficient detail the copyrighted work that you believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identify the material that you claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit the Company to locate the material.

  • Provide information reasonably sufficient to permit the Company to contact you, including a name, address, telephone number and email address.

  • If possible, provide information sufficient to allow the Company to notify the owner/administrator of the allegedly infringing content.

  • Include the following statements:

    • “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

    • “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

  • Sign the notice.

  • Send the notice to info@startcheckpoints.com

  • Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.

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Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

 


Third-Party Services
The Platform may interact with third-party services such as mobile operating systems, app stores, cloud providers, analytics tools, authentication providers, communication vendors, calendar tools, or organization systems. We do not control third-party services and are not responsible for their acts, omissions, content, security, or availability. Your use of third-party services may be subject to separate terms and policies.

 


Suspension and Termination
We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms, created risk for the Platform or its users, or if continued access is no longer commercially or operationally feasible. You may stop using the Platform at any time. Upon termination, provisions that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, indemnification, dispute-resolution, and similar provisions.

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Geographic Restrictions
The owner of the Platform is based in the State of Texas in the United States. We provide Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States and, if you choose to access this Platform outside the United States, you are solely responsible for ensuring your use complies with all applicable privacy laws. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 


Disclaimers
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

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WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME; THAT MESSAGES, ALERTS, CALENDAR REMINDERS, OR CHECK-IN NOTICES WILL BE DELIVERED OR VIEWED; OR THAT USE OF THE PLATFORM WILL PREVENT HARM, BURNOUT, PTSD, SUICIDE, MISCONDUCT, OR ANY OTHER OUTCOME. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE PLATFORM AND ANY DECISIONS MADE IN RELIANCE ON IT.

 


Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE AMOUNT, IF ANY, YOU PAID DIRECTLY TO THE COMPANY FOR USE OF THE PLATFORM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

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Release & Indemnification
YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE THE COMPANY (INCLUDING ITS AFFILIATES AND SUBSIDIARIES, IF ANY) AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DISPUTES, DEMANDS, CONTROVERSIES, RIGHTS, OBLIGATIONS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR INFORMATION FOUND THEREON. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”


You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms or your use of the Platform, (2) your violation of any law, rule, or regulation, (3) your violation of any third-party rights, (4) your User Content, (5) any use of the Platform’ content, services, and products other than as expressly authorized in these Terms, or (6) your use of any information obtained from the Platform.

 


Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Platform will be brought exclusively in the state or federal courts located in Dallas County, Texas, and each party consents to those courts and waives any objection based on forum or venue. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

 

 

Changes to the Platform or Terms
We may modify the Platform and these Terms from time to time. Updated Terms will become effective when posted, unless a later effective date is stated. Your continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms. Notwithstanding the foregoing, any updated Terms shall be prospective only and shall not modify the Dispute Resolution; Governing Law section hereof for any claims arising prior to the updated Terms. 

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Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 


Miscellaneous
These Terms constitute the entire agreement between you and the Company regarding the Platform, except for any separate written agreement between the Company and your organization. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent, and we may assign these Terms in connection with a corporate transaction or by operation of law.

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No Reselling
No user may reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without the Company’s express prior written permission or except as expressly permitted regarding invite code transfers/resale. 

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Entire Agreement
The Terms and our Privacy Policy, including any other documents referenced herein or therein, constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. Even after you are no longer a user of Platform, the terms and provisions contained herein that are intended to, or naturally, survive termination shall continue in effect. 

 

Contact Information
Questions about these Terms may be directed to:


RR7345 Consulting, LLC d/b/a Start Checkpoints
Email: info@startcheckpoints.com
Mailing Address for Notices: info@startcheckpoints.com
Website: https://www.startcheckpoints.com
 

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