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Checkup and Choices LLC

Privacy Policy

Effective Date: February 21, 2018

• Introduction. Checkup and Choices LLC, a Delaware limited liability company (“us,” “our”, “we,” or “Checkup & Choices”) is committed to respecting the privacy rights of our customers, visitors, subscribers, and other persons using our Services (as defined below).  Checkup & Choices owns the website upon which we have placed this Privacy Policy for your review (the “Site”). The Site is made available to you for your personal information and education. The program(s) presented through the Site, and the content, tools, reports, material, information or data downloaded or otherwise obtained through the use of this Site (collectively, the “Program”) is educational and not treatment. Your access to and use of the Site and the Program (collectively, the “Services”) are subject to the Terms of Service on the Site. This Privacy Policy is only applicable to the Services. This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Services or any website or digital services of our business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy. Your use of the Services is governed by this Privacy Policy and the Terms of Service. Any capitalized term used but not defined in this Privacy Policy shall have the meaning in the Terms of Service.

By using the Services, you agree to the practices and policies outlined in this Privacy Policy and you hereby consent to our tracking, collection, use, and sharing of your information as described in this Privacy Policy. If you do not agree with this Privacy Policy, you cannot use the Services. If you use the Services on behalf of someone else or an entity (such as your employer), you represent that you are authorized by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.

• Information We Collect

• • Personal Information. Some of the Services require us to know who you are so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes, without limitation, some of the following categories of information: (1) contact data (such as your e­mail address and phone number); (2) demographic data (such as your gender, your zip code, and age); (3) your billing information; (4) your medical history, and other medical and health information you choose to share with us), (5) information concerning your consumption of alcohol, drugs and/or other intoxicants, (6) your family’s medical history, (7) lifestyle choices you have made or plan to make, and (8) other information that you voluntarily choose to provide to us, including without limitation, unique identifiers such as passwords, and personal information that you send to us. You may still access and use some of the Services if you choose not to provide us with any Personal Information, but the features of the Services that require your Personal Information will not be accessible to you. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent and share this information with our business partners in order to provide the Services to you and as otherwise set forth herein.

• • Traffic Data. We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.

• • Feedback. We may also collect certain data when you submit any suggestion, enhancement request, recommendation, correction, testimonial or other feedback relating to Checkup & Choices or the Services (collectively, “Feedback”), whether using our form, through your use of the Services, by sending us an email, or otherwise. Depending upon the nature and the content of the Feedback you provide, some Feedback may be or include Personal Information.

• How We Collect Information. We collect information, including Personal Information, Traffic Data, and Feedback when you use and interact with the Services, such as:

• • When you use the Services’ interactive tools and services;
  • When you voluntarily provide information in free­form text boxes through the Services and through responses to surveys, questionnaires and the like;
  • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets us know when you are logged on and available to receive update or alert notices;
  • Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below;
  • When you use the “Contact Us” function on the Site, send us an email, provide Feedback, or otherwise contact us; and
  • We also may collect information about you from third party sources.

• Tracking Tools and “Do Not Track”

• • Tracking Tools. The Tracking Tools that we may use and how we may use them include:

• Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve the Services by tracking your navigation habits, storing your authentication status so you do not have to re­enter your credentials each time you use the Services, customizing your experience with the Services and for analytics and fraud prevention. For more information on cookies, visit http://www.allaboutcookies.org.

• Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to monitor how many people are using the Services or opening our emails, and for what purpose.

• Website Analytics: We may use third­party website analytics services in connection with the Services, including, for example, to record mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information unless you voluntarily provide it and generally do not track your browsing habits across websites which do not use their services. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in Section 6 (Use of Information).

• • How We Respond to Browser “Do Not Track” Signals. Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including Checkup & Choices, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

• • Options for Opting out of Cookies. Some web browsers (including some mobile web browsers) allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept our Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services. Please note that opting out does not mean that we are no longer using Tracking Tools ­­ we still may collect information about your use of the Services even after you have opted out of allowing Cookies.

• Information Provided by or on Behalf of Minors. The Services are not intended for use by children under 18 years of age and they are prohibited from using the Services. Checkup & Choices does not knowingly collect any information from minors, nor are the Services directed to minors. By accessing, using and/or submitting information to or through the Services, you represent that you are at least 18 years of age. If we learn that we have received any information directly from a minor under age 18, we will use that information only to respond directly to that minor (or his/her parent or legal guardian) to inform the minor that he/she cannot use the Services and subsequently we will delete that information.

• Use of Information. We use your information, including Personal Information, to provide the Services to you and to help improve them, including to:

• provide you with the products, services and information you request and respond to correspondence that we receive from you;

• provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;

• notify you about certain resources we think you may be interested in learning more about;

• send you information about Checkup & Choices or our products or Services;

• contact you when necessary or requested;

• customize and tailor your experience of the Services;

• send emails and other communications that display content that we think will interest you and according to your preferences; and

• prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

• We may use information that is neither Personal Information nor PHI (including non­PHI Personal Information that has been de­identified and/or aggregated) for any reason at our sole discretion, including, without limitation, the use of Feedback in an anonymized manner in connection with publicizing and promoting Checkup & Choices and the Services or for any other lawful purpose, including publishing the Feedback on the Site and on any successor website that we may operate from time to time in our sole discretion. We may edit the Feedback and publish edited or partial versions of the Feedback in our sole discretion, provided that we do not intentionally create a misleading impression of your views.

• Disclosure of Information. We may disclose certain information that we collect from you as follows:

• As set forth in the Terms of Service.

• We may share your Personal Information and Traffic Data with our business partners who perform core services (such as hosting, billing, fulfillment, data storage or security) related to our operation of the Services and/or by making certain features available to our subscribers.

• We may share your Personal Information and Traffic Data with our business partners who perform the Website analytics set forth in Section 4(a) (Tracking Tools).

• We may transfer information about you, including your Personal Information, to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of Checkup & Choices (whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

• We also may need to disclose your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of Checkup & Choices or another party; (3) enforce the Terms of Service or other agreements with you; or (4) respond to claims that any posting or other content violates third­party rights.

• We may disclose information that is neither Personal Information nor PHI (including non­ PHI Personal Information that has been de­identified and/or aggregated) for any reason at our sole discretion, including, without limitation, the disclosure of Feedback in an anonymized manner in connection with publicizing and promoting Checkup & Choices and the Services or for any other lawful purpose, including publishing the Feedback on the Site and on any successor website that we may operate from time to time in our sole discretion. We may edit the Feedback and publish edited or partial versions of the Feedback in our sole discretion, provided that we do not intentionally create a misleading impression of your views.

• We store and process your information on our servers in the United States. We may store all information indefinitely.

• Public Information. Any information that you may reveal in a review of the Services on the Site or on any other websites may be shared by us in an anonymous manner that will in no way be attributed or traceable to you.

• Storage and Security of Information. The security of your Personal Information is important to us. We use generally accepted industry standards to protect the Personal Information submitted to us from unauthorized access, use, and disclosure, both during transmission and in storage. For example, when you enter sensitive information such as payment information and limited health information, on our Site, we encrypt that information using Secure Socket Layer ("SSL") technology. However, because there are no methods of transmission or storage that are guaranteed to be entirely secure, we cannot guarantee complete security.  If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

• Controlling Your Personal Information. If you are a registered subscriber of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. If you wish to close your account, please email us at info@checkupandchoices.com. We will delete your account and the information in your account as soon as reasonably possible. Please note, however, that we reserve the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Terms of Service and take other actions permitted by law. You must promptly notify us if you become aware that any of your account data is lost, stolen or used without permission.

• Links to Other Websites. The Services contain links to third party websites with which Checkup & Choices has no affiliation. A link to a non­Checkup & Choices website does not mean that we endorse that website, the quality or accuracy of information presented on the non­Checkup & Choices website or the persons or entities associated with the non­Checkup & Choices website. If you decide to visit a third party website, you are subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party website. We encourage you to ask questions before you disclose your information to others.

• Updates and Changes to Privacy Policy. The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. The amended Privacy Policy supersedes all previous versions. If you do not agree to future changes to this Privacy Policy, you must stop using the Services after the effective date of such changes.

• California Residents.  Subject to certain limitations under California Civil Code § 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal information that we may have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties.  To make this request, California residents may contact us as provided in below (see Contact Us).

• Contact Us. If you have any comments, concerns or questions about this Privacy Policy, please contact us at:

Checkup & Choices LLC

Attn: CEO

9426 Indian School Road NE, Suite 1

Albuquerque, NM 87112

Email: info@checkupandchoices.com

* * *

CHECKUP AND CHOICES LLC TERMS OF SERVICE

LAST UPDATED: FEBRUARY 17, 2018

1. Changes.  Checkup & Choices reserves the right to modify or amend these Terms of Service at any time. All changes will be effective immediately upon their posting. Material changes will be posted conspicuously on the Site. By accessing the Site following posting of changes to the Terms of Service, you agree to all such changes.  The Services may be changed or updated without notice.
2. Representations Made by You.  You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to be legally bound by these Terms of Service. You assume total responsibility for your access to and use of the Services and to comply with your responsibilities and obligations as stated in these Terms of Service. If you are not 18 years of age, you are not permitted to use and the Services and must exit now. You are responsible for the accuracy of information that you submit via the Site. You acknowledge and agree that your use of the Services is at your own discretion and risk.
3. Restrictions on Your Use.  You may not download, reproduce, copy, forward or otherwise distribute any content, information or materials on this Site without the prior express written consent of Checkup & Choices and the consent of any third party copyright owner, as applicable. Any rights that are not expressly granted by these Terms of Service or any applicable license agreements are reserved by Checkup & Choices. You may not use the Services for any purpose prohibited or restricted by law or in violation of these Terms of Service. You agree not to attempt, through any means, to gain unauthorized access to the Site, or another subscriber’s account on the Site. You will not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained in the Site.
4. Intellectual Property Rights.  Title, ownership rights, and all intellectual property rights in and to the Services, including, without limitation, patents, copyrights, trademarks and trade secrets, shall remain with Checkup & Choices and/or its licensors. The Services are proprietary to Checkup & Choices and are protected by the copyright laws of the United States and international copyright treaties. By making the Services available to you, Checkup & Choices is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Services. All material on the Site, including, without limitation, all informational text, design of and “look and feel” of the Site, layout, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Checkup & Choices or other parties that have licensed their material to Checkup & Choices and are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of any Materials is strictly prohibited, and may be prosecuted to the fullest extent of the law.
5. NO WARRANTIES.  THE SERVICES ARE PROVIDED AS-IS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CHECKUP & CHOICES DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE. CHECKUP & CHOICES DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES. FURTHER, CHECKUP & CHOICES DOES NOT WARRANT OR REPRESENT THAT ANY INFORMATION DOWNLOADED FROM SITE IS FREE FROM VIRUSES.  YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. CHECKUP & CHOICES MAKES NO GUARANTEES WHATSOEVER AS TO THE RELIABILITY, CORRECTNESS OR ACCURACY OF THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
6. Limitation on Liability.  Neither Checkup & Choices, nor its affiliates, nor any third parties who contract with Checkup & Choices for the Services who may have referred you to the Site (each a “Services Partner”), nor their respective officers, directors, employees or agents are responsible or liable to you under any theory of liability or indemnity in connection with your access or use of the Services.  You agree not to bring, file, or participate in any claim, suit, or complaint against Checkup & Choices, its affiliates, any of its Services Partners or any of their respective officers, directors, employees or agents as a result of your use of the Services or any decision made in reliance upon, or results obtained from, the use thereof. Neither Checkup & Choices, its affiliates, its Services Partners, nor their respective officers, directors, employees or agents are or will be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages of any kind arising out of or relating in any way to the Services, whether such damages are based on tort, contract, negligence, strict liability, or otherwise, even if Checkup & Choices has been advised of the possibility of such damages. The total cumulative liability of Checkup & Choices, its affiliates, its Services Partners, or their respective officers, directors, employees or agents hereunder, for any reason, will not exceed $100.00. Some states do not allow for the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you.
7. Indemnification. You agree to indemnify, defend and hold harmless Checkup & Choices, its affiliates and their respective officers, directors, employees and agents from and against all losses, expenses, liabilities, damages and costs, including without limitation reasonable attorneys’ fees, resulting from or arising from your use of the Services or any violation of these Terms of Service.
8. Privacy Policy. Use of the Services is also governed by the terms of the Checkup & Choices Privacy Policy, located at https://my.checkupandchoices.com/privacy, which may be modified by Checkup & Choices from time to time (the “Privacy Policy”), which is incorporated into these Terms of Service by this reference. You hereby grant Checkup & Choices a non-exclusive, perpetual, royalty-free license to use the information provided by you in your use of the Services in any manner in the sole discretion of Checkup & Choices, provided such use is in accordance with these Terms of Service and the Privacy Policy. Any Personal Information collected on the Site will be used and disclosed only as authorized and directed by you in accordance with the Privacy Policy and your authorization provided in Section 10 below.  Checkup & Choices will use information provided by you, including health information, to produce reports and recommendations for you (collectively "Reports").
By electronically signing or otherwise accepting these Terms of Service, you give your written permission to Checkup & Choices to retain your Personal Information and to use and/or disclose your Personal Information as necessary to provide the Services. Specifically, you agree that Checkup & Choices can use your Personal Information to: enable and customize your use of the Services; provide you with alerts regarding the Services; share information with you regarding other services, products or resources that we think you may be interested in learning more about; provide you with updates and information about the Services; conduct analysis for Checkup & Choices’ business purposes; support development of the Services; and create de-identified information and then use and disclose this information in any way permitted by law. Without limiting the generality of the foregoing, if you submit feedback or a testimonial (“Feedback”) using our form, email or otherwise through your use of the Services, then you agree that we may use such Feedback in an anonymized manner in connection with publicizing and promoting Checkup & Choices and the Services or for any other lawful purpose, including publishing the Feedback on the Site and on any successor website that we may operate from time to time in our sole discretion. You further agree that we may edit the Feedback and publish edited or partial versions of the Feedback in our sole discretion, provided that we do not intentionally create a misleading impression of your views. You hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the Services.
9. Checkup & Choices is not a Business Associate.  You acknowledge and agree that Checkup & Choices will only receive your Personal Information, which may include some health information, that you choose to share with Checkup & Choices through your use of the Services and that Checkup & Choices will not receive any of your Personal Information from any third parties, including your health providers or health plans.
10. Disclosure of Personal Information.  You acknowledge and agree that the Services may allow you to share your Reports and Personal Information (as defined in the Privacy Policy) stored on the Checkup & Choices network with third parties of your choosing (all such shared information referred to herein as your “Shared Information”).  Checkup & Choices will have no control over your choice to provide access to your Shared Information or the persons to whom you provide access. Checkup & Choices will have no liability to you in connection with any access you provide to your Shared Information, including without limitation, liability arising from mistakes that you make in your attempts to provide such access.   
You agree that Checkup & Choices can disclose your Personal Information to: third parties assisting Checkup & Choices with any of the uses described in Section 8 above; a third party as part of a potential merger, sale or acquisition of Checkup & Choices; and our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of the Services.
11. Security/Passwords. You are responsible for maintaining the confidentiality of your access to the Services. Checkup & Choices has no control over use of passwords, and cannot tell whether someone else is accessing the Site under your password. You are solely responsible for any use of your password or other login information by you or any third party. Checkup & Choices has no responsibility or liability for any such use. You agree to immediately notify Checkup & Choices of any unauthorized use of your account or any other breach of security that is known or suspected by you.
12. Third Party Websites. Checkup & Choices has no liability for any third party website that you may access through the Services. When you access a third party website, you acknowledge that it is independent from Checkup & Choices and that Checkup & Choices has no control over such website or its content. In addition, Checkup & Choices does not endorse any third party whose website may be linked from this Site. Checkup & Choices does not and cannot ensure the propriety, security or accuracy of any third party website and you are encouraged to review the posted policies of any website that you visit.
13. DMCA. Checkup & Choices™, and other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site or used by Checkup & Choices, in addition to other marks not listed herein, are registered service marks of Checkup and Choices LLC. You may not use any of Checkup and Choices LLC's trademarks for any purpose without the express written permission of Checkup and Choices LLC.  Other names, trademarks, trade names, service marks, logos, symbols or other source identifiers identified on the Site may be owned by a third-party. The use on the Site of any name, trade name, trademark, service mark, design, logo, symbol or other proprietary designation or marking of or belonging to a third party, and the availability of goods or services from such third parties, shall not be construed as an endorsement, sponsorship or recommendation of the Site or services provided by Checkup & Choices by any such third party, or the participation by such third parties in the offering of goods or services through the Site.
Unless otherwise specified, the content of this Site is protected under the U.S. Copyright Act, as amended, and the copyright laws of other countries. Copyright © 2015, Checkup and Choices. All Rights Reserved.  You are only permitted to use the content as expressly authorized by Checkup & Choices or the applicable Contributor. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from Checkup & Choices or any applicable Contributor, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Checkup & Choices respects the intellectual property rights of others.  If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by any content posted on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
 Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. The Designated Agent for Claimed Infringement shall be to info@checkupandchoices.com, or you may also write to us at the address provided below with Attention to: DMCA Agent. ALL CLAIMS MUST BE IN WRITING AND MAY NOT BE MADE BY TELEPHONE. Except as expressly provided herein, you do not acquire any rights to the Services through the purchase of products or Services or the Site.  You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming code) (“Source Code”) of the components of the Services or Site, or create derivative works based thereon. You are not permitted to: (a) remove any proprietary notices, labels, or marks on any component of the products, Services or its System (or the Services or Site generally), whether physically, in compiled machine language, or in the Source Code; (b) use the Services to provide a service bureau by which the Services can be accessed by third parties or by which information produced pursuant to the Services is sold or given to third parties; or (c) sublicense, assign, delegate or otherwise transfer this license or an of the related rights or obligations for any reason without the prior written consent of Checkup & Choices (any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of Checkup & Choices shall be voidable at Checkup & Choice’s sole and absolute discretion).  Failure to comply with these restrictions will result in automatic termination of any rights provided to you under this Agreement.
14. Termination.  Checkup & Choices may at any time and for any reason disable, terminate or suspend your access to the Services. You agree that Checkup & Choices will not be liable to you or any third party for any termination of your access to the Services.
15. Choice of Law and Venue.  These Terms of Service are a binding agreement between you and Checkup & Choices and are governed by and construed in accordance with the laws of the State of New Mexico, exclusive of its choice of law rules. Each party to these Terms of Service submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Bernalillo in the State of New Mexico, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Service, Checkup & Choices will be entitled to all costs and attorneys’ fees it incurs. This Site is not targeted to subscribers in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of Checkup & Choices or any of its affiliated entities. Any cause of action or claim you have regarding the Services must be commenced within one year after the claim or cause of action arises or the claim or cause of action is barred.
16. Notices.  Notice may be given to you as a subscriber of this Site by posting information to this Site. You may only give notice to Checkup & Choices in writing by certified mail, return receipt requested, or by prepaid overnight delivery by a nationally recognized courier, in each case addressed to: Checkup and Choices LLC, Attention; CEO, 9426 Indian School Road NE, Suite 1, Albuquerque, NM 87112.
17. Waiver; Assignment.  The failure of Checkup & Choices to assert any right under these Terms of Service will not be considered to be a waiver of that right, and such right will remain in full force and effect.  No waiver by either party of any breach or default will be deemed to be a waiver of any preceding or subsequent breach or default. Checkup & Choices may assign its rights and obligations under these Terms of Service; in this event, Checkup & Choices will be relieved of any further obligation.
18. Entire Agreement.  These Terms of Service, along with the Privacy Policy, constitute the entire agreement between Checkup & Choices and you pertaining to the subject matter hereof. If a court deems any provision of these Terms of Service unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision will be severed and the remaining terms will be interpreted and read to give them maximum enforceability.
19. Third Party Beneficiaries.  Checkup & Choices Services Partners shall be deemed to be third party beneficiaries of the terms of this Agreement.