Terms and Conditions

CheckRare has created this privacy statement to demonstrate our commitment to our users’ privacy. The following discloses our information gathering and dissemination practices for CheckRare.

 

TERMS AND CONDITIONS 

Please read the following terms and conditions of use (the “Terms”) carefully before using this website and other websites (the “Sites” collectively), including any subdomains thereof, or any related smartphone or mobile applications, operated by CheckRare LLC and its affiliated companies (“CheckRare”). The terms govern your use of the sites and are binding between you and CheckRare. 

CheckRare — https://checkrare.com

[Other sites to be listed}

 

  1. Acknowledgement and Acceptance of Our Terms
    Your use of the Sites constitutes your full legal acceptance of our Terms. By accessing the Sites’ information and services, you agree that you have read, understood, and agree to be bound by these Terms (and our Privacy Policy). You represent that you are of legal age to form a binding contract with us, and to the extent you are using our Services, registering an account, or otherwise acting on behalf of an organization, you represent that you are authorized to accept our Terms on behalf of the organization (and references to “you” in our Terms are understood to apply to both you and your organization). 

If you do not agree to the terms, or if you violate these terms in any way, you are not authorized to use the site and must discontinue use immediately. 

You agree that CheckRare may decide to change these Terms at any time without advance notice and for any reason. The most current version of the Terms and Conditions will always be made available by clicking on the Terms and Conditions link at the bottom of the Sites. Use of the Sites after such posting of any modifications or additions shall constitute your acceptance of the new Terms. Please review the Terms periodically for any changes or modifications.

CheckRare may suspend or terminate access at any time, with or without notice, for any reason. 

  1. Our Provided Information is for Education Use, not Medical Advice

NOTE: Our Services are intended only for informational and educational use, and not to provide any healthcare services such as diagnostics, medical opinions, promotion of any therapeutic or medical treatment, for use in hazardous or critical circumstances, or in any situation where failure could lead to death or personal injury (collectively, “Unauthorized Purposes”). You may not use the Services for such purposes or under such circumstances. You further acknowledge that use of the Services for such purposes may violate applicable laws, such as in regard to the practice of medicine. If you are a consumer who chooses to access the professional-level information made available through the Services, such as, by way of example and not limitation, an article published by an expert in the field of medicine or health care or an interview by a health care professional, you should not use the Services as a replacement for any relationship with your physician or other qualified healthcare provider. Use of the Sites does not imply the existence of a physician–patient relationship, or a professional–client relationship of any kind. 

  1. Electronic Communications
    When you visit the Sites or send e-mails to CheckRare, you may be communicating with CheckRare electronically. You consent to receive communications from CheckRare, and we may communicate with you by E-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications that CheckRare provides to you electronically satisfy any legal requirement that such communications be in writing.
  2. Privacy and Tracking

You explicitly consent to CheckRare’s recording, monitoring, or tracking of your interactions with the Sites, to the extent permitted by applicable law, to improve user experience, security, and analytics. Details about the specific technologies used and your rights to opt-out are outlined in our Privacy Policy.

 

  1. Your Account
    If you use the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CheckRare reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. CheckRare may modify, suspend, or discontinue any part of the Sites at any time without liability.
  2. Limited Authorization to Use Protected Material
    You acknowledge and agree that Sites, information, content, and software presented to you through the Sites or used in connection with the Sites contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, website marks, patents, or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent Sites of any information presented to you through the Sites, in whole or in part. You may look at our Sites online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices, trademark, service mark or other proprietary rights notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Sites by any means other than through the interface that is provided by us for use in accessing the Sites.

The Sites contain or reference trademarks, copyrights, patents, logos or other proprietary rights of CheckRare (“Intellectual Property”). The Information and Intellectual Property on the Sites are the exclusive property of CheckRare. Removing or altering any copyright or other legal notice included with Information on the Sites is prohibited. CheckRare also owns a copyright in the Sites as a collective work and/or compilation, and in the selection, coordination and arrangements of the Sites’ content. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any Intellectual Property on the Sites. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Sites, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization.

Images of people or places displayed on the Sites are either the property of, or used with permission by, CheckRare. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Sites or in a separate writing signed by an authorized officer of CheckRare. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Sites does not imply endorsement of that product, service, or publication. CheckRare makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Sites could include technical inaccuracies or typographical errors.

The Sites may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.

 

  1. Accuracy
    CheckRare makes commercially reasonable efforts to ensure that all information contained on the Sites is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Sites is exclusively at your own risk and the Sites is provided to you as-is without warranty of any kind. CheckRare makes no warranties, express or implied, with respect to the use of the site and the materials contained herein
  2. Nonproprietary Information
    For any and all materials or content that you post or otherwise provide to CheckRare in connection with the Sites, you grant CheckRare an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that CheckRare may sublicense these rights.
  3. Links to Third-Party Sites
    The Sites may contain links to other Web sites or frame information from other Web sites that are not under the control of CheckRare. CheckRare is providing these links and/or frames to you only as a convenience. CheckRare makes no endorsements, warranties or representations of any kind whatsoever regarding those web sites, including the products, software, materials, services, content or accuracy or appropriateness of content on such linked web sites. Your decision to access any such other web sites shall be entirely at your own risk and discretion. In particular, please note that the policies of other web sites linked to the Sites may be materially different than the terms, especially with respect to the use and collection of personal information and with respect to the use of proprietary information posted on that web site. No permission is hereby granted to you to link from any other web site to any portion of the Sites, or to frame any content contained on the Sites without CheckRare’s prior written permission.
  4. Intended Audience, Purpose, and Obligations
    The Sites is offered by CheckRare for educational and informational purposes only. You must be at least 18 years of age to access or use the Sites. By using the Sites, you are affirming that you are 18 years of age and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You acknowledge and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Sites. You represent and warrant that: (a) you either are the sole and exclusive owner of any and all materials that you make available through the Sites, or you have all rights, licenses, consents and releases that are necessary to grant to CheckRare the rights in such materials; and (b) you are not infringing, misappropriating or violating a third party’s intellectual property rights; and/or (c) you will not use the Sites in violation of any applicable law or regulation.
  5. Local Laws and Dispute Resolution
    The Sites (excluding any linked Web site) is controlled by CheckRare from its offices within the State of New York, United States. By accessing the Sites, you agree that all matters arising from or relating to the use of the Sites, these Terms, the Privacy Policy or any other linked website, shall be governed by the laws (both substantive and procedural) of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Sites hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New York relating to any dispute related to obtaining injunctive relief or enforcing arbitration awards arising out of your use of the Sites.

You agree and acknowledge that your use of the Sites, and all transactions occurring in connection with the Sites, shall be deemed to have occurred and taken place solely in the State of New York, United States of America. Your use of the Sites is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Sites in any such circumstances. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.

If you have any concern or dispute regarding the Sites, these Terms, or the Privacy Policy (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided here (Contacting CheckRare). The Notice of Claim must provide CheckRare with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 45 days of CheckRare’s receipt of the Notice of Claim, any resulting legal actions must be resolved through final and binding arbitration administered by a single neutral arbitrator located in New York to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. Neither party shall initiate legal action until 45 days after the Notice of Claim is received by CheckRare. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of these Terms, such action may proceed without first resorting to arbitration. Any such claims arising from or relating to the use of the Sites, these Terms or the Privacy Policy will be heard and resolved in the federal and state courts located in New York. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.

  1. Statute of Limitations
    You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of the Sites, the Terms, or the Privacy Policy is permanently barred if not brought within one year of the event resulting in the Claim.
  2. No Class Actions
    You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
  3. Restrictions on Content and Site
    You agree that you will not, nor will you permit any third party to do any of the following while accessing or using the Site: (a) use the Sites for any purposes not expressly provided for in these Terms; (b) scan, probe, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) interfere with, disrupt, or damage the Sites or access of any user, host, or network, including without limitation, sending a virus; cancel bots; Trojan horses; overloading, flooding, spamming, mail-bombing the Sites, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or similar methods or technology; (d) use our communication tools to send spam; and (e) engage in conduct that is illegal in any way.
  4. Limitations of Liability
    CheckRare expressly disclaims any express or implied warranty, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. CheckRare does not warrant that (a) the Sites will be error-free, uninterrupted or secure, (b) defects will be corrected, (c) your use of the Sites will meet your requirements, or (d) any content or information on the Sites is correct, reliable, current or complete.

CheckRare also expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access or browse the Sites or download material from the Sites.

CheckRare will not be liable for failures caused by events beyond reasonable control (e.g., natural diseases, internet outages, etc).

Under no circumstances shall CheckRare, its subsidiaries, affiliates, or their respective officers, directors, employees or agents be liable for any indirect, incidental, special, consequential or punitive damages whether in an action in contract or tort (including negligence and strict liability) resulting from its performance or any failure to perform under the terms even if CheckRare has been advised of the possibility of such damages.

Under no circumstances shall CheckRare be liable for any damages, loss, or expense of any kind arising out of or resulting from your use of the sites, in whole or in part, regardless of whether such liability is based in tort, contract, or otherwise. in no event, including without limitation a negligent act, shall CheckRare be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the sites, regardless of whether any CheckRare party has been advised of the possibility of such damages. Some jurisdictions limit or do not allow the disclaimer of warranties or damages so the above disclaimer may not apply to the extent such jurisdiction’s law applies to these terms.

  1. Indemnification
    You agree to indemnify, defend, and hold CheckRare, its subsidiaries, its affiliates, or their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’ fees) arising out of or relating to (a) your use of the Sites or (b) a violation of these Terms.
  2. Release
    By using any of the Sites you acknowledge and agree that you release and forever discharge CheckRare, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors, and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Sites. If you are a California resident, you waive California Code Section 1542, which says: “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.”
  3. Digital Millennium Copyright Act Compliance
    CheckRare respects the intellectual property rights of others and expects users of this Sites to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), CheckRare has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Sites in a way that constitutes copyright infringement, please provide CheckRare’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. CheckRare reserves the right to remove any content posted to the Sites at our sole discretion. Please contact our copyright agent to provide us notice of alleged copyright infringement at [email protected].
  4. Miscellaneous
    If CheckRare, in its sole discretion, determines that a violation of the Terms has occurred, CheckRare may pursue any of its legal remedies. However, the failure of CheckRare to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The section titles in the Terms are for convenience only and have no legal or contractual effect. These Terms are personal to you and you may not assign these Terms, or your rights or obligations hereunder, to any third party, without our consent. Any attempted assignment without such consent is void. Any provision of these Terms (including all other incorporated terms) that is intended by its terms to survive termination will survive. Except as otherwise expressly provided herein, these Terms sets forth the entire agreement between you and CheckRare regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral as it relates to the Sites.

Contacting CheckRare
If you have any suggestions, comments, and/or questions about the Sites and/or these Terms, please contact CheckRare at [email protected].

 

Updated 1.10.2026