Legal & Policies
AGREEMENT TO OUR LEGAL TERMS
We are Scale with CK ("Company," "we," "us," "our"), a company registered in Texas, United States.
We operate the website scalewithck.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by phone at +12137154522, email at info@scalewithck.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Scale with CK, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by info@scalewithck.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services, and
download or print a copy of any portion of the Content to which you have properly gained access,
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@scalewithck.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.
We may remove or edit your Content:
Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS" section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
PayPal
Stripe
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.
You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us.
We may change prices at any time.
All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled.
You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge,
until such time as you cancel the applicable order.
The length of your billing cycle is monthly.
Free Trial
We offer a 30-day free trial to new users who register with the Services.
The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
Cancellation
All purchases are non-refundable.
You can cancel your subscription at any time by contacting us using the contact information provided below.
Your cancellation will take effect at the end of the current paid term.
If you have any questions or are unsatisfied with our Services, please email us at info@scalewithck.com
Fee Changes
We may, from time to time, make changes to the subscription fee
and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services without permission.
- Trick, defraud, or mislead us or other users.
- Bypass or interfere with security-related features of the Services.
- Disparage or harm us or the Services.
- Use information from the Services to harass or harm others.
- Misuse support services or submit false reports.
- Violate any applicable laws or regulations.
- Engage in unauthorized framing or linking.
- Upload viruses, spam, or disruptive material.
- Use automation tools like bots, scrapers, or scripts.
- Delete copyright or proprietary notices.
- Impersonate another person or use another's username.
- Upload tracking tech like gifs, web bugs, or cookies.
- Disrupt the Services or connected networks.
- Harass or threaten staff or agents of the Services.
- Bypass access restrictions or protections.
- Copy or adapt the Services' software or code.
- Reverse engineer any part of the software.
- Use unauthorized scripts, bots, or systems.
- Use a buying or purchasing agent to make purchases.
- Collect emails/usernames for spam or fraud.
- Use the Services to compete with us or for revenue.
- Advertise or sell products/services via the Services.
Any use of the Services in violation of the above may result in termination or suspension of access.
9. CONTRIBUTION LICENSE
By posting content to the Services, you grant us an unlimited, worldwide license to use, copy, display, publish, and distribute your content. This includes your image, voice, name, and any associated trademarks.
You retain full ownership of your content. However, you waive any moral rights and agree not to take legal action against us for using it. We may edit, re-categorize, or delete your contributions at our discretion.
10. GUIDELINES FOR REVIEWS
When posting reviews, you must have firsthand experience. Do not use offensive, racist, or discriminatory language. Avoid references to illegal activity or affiliation with competitors. Do not post false or misleading statements or organize campaigns to influence reviews.
We may accept, reject, or remove reviews at our discretion. Reviews are not endorsed by us and we are not liable for them. By posting a review, you give us a license to use and distribute it as needed.
11. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a Third-Party Account) by either (1) providing your Third-Party Account login information through the Services, or (2) allowing us to access your Third-Party Account, as permitted under the terms and conditions that govern its use.
You represent and warrant that you are entitled to disclose your Third-Party Account login info to us and grant access, without breaching any agreement with the provider, and without requiring us to pay any fees or be subject to usage limits. By granting access, you understand that (1) we may access and store content from your Third-Party Account (such as friend lists), and (2) we may exchange additional info with your Third-Party Account depending on your settings.
Depending on the Third-Party Accounts you link and your privacy settings, personally identifiable information from those accounts may appear on your Services profile. If access to a Third-Party Account is terminated, the related content may no longer be available on the Services.
You can disable the connection at any time. Note: Your relationship with any third-party service provider is governed by your agreements with them. We do not review Third-Party Content for legality or accuracy. We may access your email contacts or mobile contacts solely to identify users also using our Services. You can disable this by contacting us or through your settings. We will attempt to delete any synced info, except username and profile picture.
12. SERVICES MANAGEMENT
We reserve the right (but not the obligation) to:
- Monitor the Services for violations of these Legal Terms.
- Take legal action against anyone violating the law or these Terms, including reporting to authorities.
- Refuse or limit access to Contributions or Services, in our sole discretion.
- Remove or disable files/content that are too large or burden our systems.
- Manage the Services to protect our rights and ensure proper function.
13. PRIVACY POLICY
For information on how we collect, use, and share your information, please review our Privacy Policy:https://scalewithck.com/privacy-policy.
All text messaging opt-in data and consent info will not be shared with third parties (except necessary aggregators/service providers). Your mobile data will not be used for marketing by third parties or affiliates.
By using the Services, you consent to the collection, use, and sharing of data as described in the Privacy Policy.
14. COPYRIGHT INFRINGEMENTS
We respect intellectual property rights. If you believe any material on the Services infringes your copyright, notify us immediately (a Notification). A copy of the Notification may be sent to the content owner. False claims may result in legal liability, so consult a lawyer if you're unsure.
15. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We reserve the right to deny access or terminate your account at any time, without notice, for any reason including violation of these Terms or applicable laws.
If your account is suspended or terminated, you may not register again under your name or another's. We may also pursue legal remedies, including civil, criminal, or injunctive actions.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience issues or perform maintenance that causes interruptions. You agree we are not liable for any loss or inconvenience caused by downtime or discontinuance. These Legal Terms do not obligate us to maintain or support the Services, or to deliver updates or corrections.
17. GOVERNING LAW
These Legal Terms and your use of the Services are governed by the laws of the State of Texas, without regard to conflict of law principles.
18. DISPUTE RESOLUTION
Any legal action by you or us (the Parties) must be brought in state or federal courts in Dallas, Texas. The Parties waive all jurisdictional defenses. The United Nations Convention on Contracts for the International Sale of Goods and the UCITA do not apply. No claim may be filed more than one (1) year after it arises.
19. CORRECTIONS
There may be errors or omissions on the Services. We reserve the right to correct or update any content at any time, without prior notice.
20. DISCLAIMER
The Services are provided on an "as-is" and "as-available" basis. Your use is at your own risk. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty regarding the accuracy or completeness of the content and accept no liability for:
- Errors, mistakes, or inaccuracies.
- Personal injury or property damage from access or use.
- Unauthorized access to data or personal info.
- Service interruptions or errors in transmission.
- Malicious code transmitted by third parties.
- Loss or damage from use of any posted content.
We do not guarantee, endorse, or take responsibility for any third-party product or service advertised on the Services, linked websites, or mobile apps. You should use caution and good judgment in all transactions.
21. LIMITATIONS OF LIABILITY
In no event shall we or our affiliates be liable to you or any third party for indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, even if advised of the possibility of such damages.
Our liability will always be limited to the amount you paid us in the one (1) month prior to the incident. Some jurisdictions do not allow exclusions of implied warranties or limitations on damages, so these exclusions may not apply to you.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our affiliates harmless from any claims or demands (including attorney fees) by a third party arising from:
- Your Contributions or use of the Services.
- Violation of these Legal Terms.
- Breach of your representations and warranties.
- Violation of any third-party rights, including IP rights.
- Harm to other users connected via the Services.
We reserve the right, at your expense, to assume the defense of any matter you are required to indemnify. You agree to cooperate with our defense efforts. We will notify you of such claims as soon as reasonably possible.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
25. SMS TEXT MESSAGING
SMS Program Description
Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.
Opting Out
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. We will confirm your unsubscribe status via SMS. To rejoin, sign up again or text "START".
Help and Support
If you experience issues, reply "HELP" or email info@scalewithck.com.
Carrier Liability
Carriers are not liable for delayed or undelivered messages.
Message and Data Rates
Message and data rates may apply. Message frequency varies. Contact your wireless provider with questions.
Recurring Messages Disclosure
By opting in, you authorize us to send recurring texts. You are not required to agree to receive texts to purchase goods or services.
Prohibited Content
Our SMS messages will never include:
- Phishing or social engineering schemes
- Illegal content
- SHAFT content (sex, hate, alcohol, firearms, tobacco) that violates laws
SMS Opt-In Data Protection
Your opt-in data and consent will not be shared with third parties, except for providers necessary to deliver the service.
Privacy for SMS Services
For privacy inquiries, refer to our Privacy Policy: https://scalewithck/privacy-policy/
Support
For assistance, email info@scalewithck.com or call +12137154522
26. CALIFORNIA USERS AND RESIDENTS
If your complaint is not resolved, contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and related policies constitute the full agreement between you and us. Our failure to enforce any right or provision is not a waiver. We may assign our rights at any time. We are not liable for any delay or failure beyond our control. If a provision is found unlawful or unenforceable, it is severed, and the rest remains valid. No joint venture, employment, or agency relationship is created by these Legal Terms. You waive all defenses based on the electronic form or lack of physical signature.
28. CONTACT US
To resolve a complaint or for more information, contact:
Scale with CK
Phone: +12137154522
Email: info@scalewithck.com