SpotCheck North America Inc. Terms of Service Agreement (General User)

Effective Date: March 6th, 2024 (Ongoing)

 

Parties to the Contracts:

The services offered by “SpotCheck North America Inc.”, a corporation established under the laws of Edmonton, Alberta, Canada, are collectively referred to as "SpotCheck Services," "the platform," or the "Service(s)." Throughout this document, SpotCheck, the platform, or the Services will be used interchangeably to denote SpotCheck North America Inc. SpotCheck is the exclusive contractual partner for users worldwide in relation to the utilization of SpotCheck Services

You are reading the “Terms”, which establish the contractual arrangement between SpotCheck North America Inc. and the recipient third party, referred to as the "user" or "you," they delineate the conditions and terms under which you may access and utilize SpotCheck and its affiliated websites, services, applications, products, and content collectively referred to as the "Services." Certain Services or features within may have age restrictions and might not be universally accessible. For instance, the ability to submit or share User Content (defined below) could be subject to such restrictions. Our Services are intended for personal, non-commercial use. In the context of these Terms, "you" and "your" denote the user of the Services. The governing laws for applicable statutes, standards, and business practices are based on the province of Alberta.

1)    Services Used

We commit to delivering the SpotCheck Service to you. The Service encompasses all products, features, applications, services, technologies, websites, and software offered by SpotCheck. SpotCheck’s mission is to help users plan their evenings out, connect with other users and track their user experiences.

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2)    SpotCheck Funding

Users will receive SpotCheck services free of charge. By utilizing the Services covered by these Terms, you acknowledge and agree that SpotCheck may display advertisements for which businesses and organizations remunerate SpotCheck for marketing purposes. We leverage your personal data, including information about your activities, and interests to present you with relevant entertainment venues/events. It's important to note that we share venue lists with users without divulging personal details to third-party businesses. We allow third-party businesses to provide us with information about their business needs and target audience, enabling us to recommend services algorithmically to users who are likely to be most interested. Additionally, we supply third party establishments with reports on the performance of their promotional content within the Service, and aid in tracking user interactions with their content on SpotCheck. You may encounter branded content on SpotCheck posted by account holders promoting services through a commercial relationship with SpotCheck, and the account holder.

3)    Applicability of User Terms and Conditions
Upon creating a personal account with SpotCheck, you expressly agree that these terms and conditions serve as the exclusive contractual framework between you and SpotCheck, as well as between you and other users. Please read the Terms carefully before creating a personal account with SpotCheck. If an individual does not consent to the Terms delineated in this document, the user must not access or use SpotCheck’s Services.
SpotCheck retains the authority to periodically modify or amend these terms and conditions. In the event of such adjustments, users will receive notification through the SpotCheck user application, letting the user know that the Terms have been updated. When the Terms change, the “Effective Date” will also be updated accordingly. By continuing to use SpotCheck, the user is agreeing to the updated Terms. If you, as the user, do not accept or comply with the updated terms and conditions, the contractual agreement will automatically terminate, effective from the day the new Terms are issued. In such a case, the preceding terms and conditions will persist until the last effective date. If an individual does not consent to the updated Terms, then the user must not access or use SpotCheck’s Services. The user is responsible for regularly checking the Terms to make sure that they understand and agree to the latest edition.

4)    Use of Mobile Devices
You are accountable for any incurred or billed charges on your mobile device resulting from your utilization of SpotCheck Services, including charges associated with text messaging and data usage. This encompasses adhering to all regulations stipulated by your mobile device platform or cellular service provider.
By supplying us with your mobile phone number, you consent to receiving SMS messages from SpotCheck pertaining to the Services, including information about promotions, your account verification, your account, and your association with SpotCheck. These SMS messages may be directed to your mobile phone number even if it is listed on any provincial or federal “Do Not Call List”, or international equivalent.
If you alter or deactivate the mobile phone number associated with your account, it is imperative that you update your account information within 72 hours through the “Settings” feature to prevent the transmission of messages intended for you to be sent to someone else.

5)    SpotCheck Service Eligibility
To ensure the provision of a safe, constructive, and lawful Service, users must meet specific eligibility criteria. If you fail to meet all the requirements, you are prohibited from accessing or using our Services. By accessing SpotCheck Services, you affirm, warrant, and acknowledge that:
a. You are eighteen (18) years of age or older and possess the legal capacity to enter into these Terms.
b. You have the ability to form a legally binding contract with SpotCheck.
c. You have not been previously suspended or removed from our Services, or any suspension period has lapsed.
d. You are not a convicted sex offender.
e. You consistently comply with all applicable laws and regulations relevant to the local region or area where the services are provided.
f. You are not a merchant, employee, or hired individual affiliated with another corporation, business, or entity operating within the same industry.

If you are utilizing the Services on behalf of a business or any other entity, you affirm that you possess the authority to legally bind that business or entity to the terms outlined herein. By agreeing to these Terms, you are entering into this agreement on behalf of the said business or entity, and all mentions of “you” and “your” within these Terms shall encompass both your role as the end user and the specified business or entity.

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6)    Users Right to SpotCheck Services 
The Services, along with all their contents, features, and functionalities (including, but not limited to, all posted information, software, text, displays, images, video, audio, design, and UI design), are the property of SpotCheck, its licensors, or other providers of such material. They are safeguarded by the laws of the Government of Canada and international regulations governing copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
SpotCheck, along with its licensors, retains exclusive ownership of the Services, encompassing all proprietary content, information, materials, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, and Service UI of the Services, along with all related intellectual property rights.
In accordance with these Terms, SpotCheck grants the user a personal, non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services. This license is solely for the purpose of utilizing and enjoying the Services in accordance with these Terms and our policies. Unauthorized use of the Services or any material therein, including reproduction, distribution, modification, creation of derivative works, public display, public performance, republication, downloading, storage, or transmission, is strictly prohibited.

7)    SpotCheck Rights Towards Users
When utilizing SpotCheck Services, you retain ownership rights to content that you personally own or had before. However, you grant us a license to use that content, with the utilization of the content subject to user settings and any accessibility restrictions set by the user, such as location sharing and profile sharing.
For all content submitted to the Services, you grant SpotCheck a worldwide, royalty-free, sublicensable, and transferable license. This license allows SpotCheck to host, store, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute the content. The purpose of this license is to operate, develop, provide, promote, and improve the Services, and it includes the right to make your content available to service providers with whom we have contractual relationships for the provision of Services.
Content set to be viewable by all users, termed "Public Content," grants SpotCheck, other users, and business partners similar rights as Public Content, along with an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to create derivative works, promote, exhibit, broadcast, reproduce, distribute, synchronize, overlay graphics and auditory effects, publicly perform, and publicly display the content in any form and media, now known or later developed. By creating, uploading, posting, or sending Public Content, you also grant SpotCheck and its affiliates an unrestricted right and license to use the name, likeness, and voice of anyone featured in your Public Content for both commercial and non-commercial purposes. No compensation is entitled to users if their content, including videos, photos, sound recordings, musical compositions, name, likeness, or voice, is used by SpotCheck, its affiliates, other users, or business partners.
SpotCheck reserves the right to access, review, and screen posted content, and may remove or delete content that violates the terms. Posted Content should be appropriate for individuals aged 18 years or older. Users are fully responsible for Public Content, Posted content, and all user-generated content. Additional feedback, comments, or advice provided to SpotCheck by users hold no monetary value or applicable compensation. Users are responsible for any content posted, shared, messaged, or streamed. SpotCheck may take disciplinary action, such as suspension or termination, if posted content violates the terms. Users agree that SpotCheck holds all rights to any material, concepts, or items developed from knowledge obtained through user feedback, suggestions, or recommendations.

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8)    Privacy

User privacy Is a priority to SpotCheck. Please consult SpotCheck’s Privacy Policy for outlined terms. 

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9)    Scope of Services Offered by SpotCheck
SpotCheck facilitates interactions, communication, and event planning among users, allowing them to receive business information, user demographic data, and details about facility offerings. Users can connect with others, exchange content, profiles, and media, including photos, videos, promotions, and testimonials. The SpotCheck user application serves as the platform for all these interactions and services, and users engaging with these features are subject to the activities outlined in these Terms.
SpotCheck may offer users periodic In-App purchases, and if you choose to purchase an Item or service through such means, a contractual agreement is established between you and SpotCheck. Users are reminded of their responsibility to adhere to the Terms when sharing any form of media. While SpotCheck screens and monitors user activity as a preventive measure against misuse, users bear the responsibility of sharing only appropriate content, recognizing that, as a business, SpotCheck may not have control over all user posted content.

10)      User Conduct on Services
Users are required to respect the rights outlined in these Terms, the SpotCheck Privacy Policy, and any additional guidelines provided by SpotCheck or its affiliates. This entails refraining from, attempting to, enabling, or encouraging anyone else to engage in the following actions:

a. Use any branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials made available by SpotCheck via the Services, unless explicitly allowed by these Terms or other guidelines published by SpotCheck or its affiliates.
b. Violate or infringe upon SpotCheck's or its affiliates' copyrights, trademarks, patents, or other intellectual property rights.
c. Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, with the exception of temporary advertisements or promotional content posted by SpotCheck.
d. Create multiple accounts for a single user or create another account if SpotCheck has previously disabled your account, attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account.
e. Duplicate, deconstruct, disassemble, or decode the Services (including any underlying idea or algorithm) or otherwise extract the source code of the software of the Service.
f. Utilize any additional software not included in SpotCheck's Services to track, view, and export other user data for personal use or for economic gain to third-party entities.
g. Use or develop any third-party applications that interact with the Services without formal acceptance of a written agreement between the individual and SpotCheck.
h. Use services in a manner that directly interferes, prohibits, or restricts other users' experiences and interactions with the Services.
i. Take any action that would inhibit any other users' enjoyment of the App or Site
j. Refrain from utilizing the Services in a manner that may disrupt, interfere with, or adversely impact other users' ability to fully enjoy the Services. Additionally, avoid actions that could harm, disable, overload, or impede the normal functioning of the Services.
k. Reproduce, duplicate, copy, sell, re-sell, or exploit any information, materials, or content on the app or site for economic gain.
l. Upload or submit viruses or other forms of malicious code that compromise the integrity and security of SpotCheck.
m. Refrain from attempting to examine, scan, or test the vulnerability of our Services, or any associated system or network.
n. Violate any applicable law or regulation in connection with your access to or use of the Services.
o. Use the app or site for unlawful purposes.
p. Harass, threaten, defraud, or defame users or staff of SpotCheck and its affiliates.
q. Misrepresent the source, identity, or content of information transmitted via the app or site.
r. Attempt to or successfully access any restricted features or functionality not stated in these Terms or purchased by the user.
s. Breach any prohibited or local governing laws, guidelines, or standards
If you believe that another user is violating SpotCheck’s Terms please send a notice to our email at info@spotchecknightlife.com. 

11)      Establishment Policies 
The events, spots, establishments, and venues featured on our Services are owned and operated by our affiliated partners or other businesses. SpotCheck does not own or operate any venues or events unless specified otherwise. Each venue has specific admission policies, a code of conduct, and guidelines, including but not limited to dress codes, gender distribution, and capacity limitations.
Ultimately, the venue reserves the right to deny entry for any reason, and SpotCheck holds no discretion or precedence in these decisions. Users are expected to adhere to local laws and legislation in the region and comply with all physical guest policies within the establishment. Actions related to personal conduct will be subject to the discretion of affiliate businesses or business and will have no connection to SpotCheck.

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12)      User safety 

At SpotCheck, our primary objective is to establish a safe online community for users to engage in nightlife-specific media communication. By utilizing the Services, you affirm your commitment to consistently comply with these Terms and any other policies made available by SpotCheck to ensure the safety of the Services. While SpotCheck implements various measures to provide a secure network, it is important to note that safety cannot be guaranteed by SpotCheck.
By creating a SpotCheck user profile, users agree not to:
a. Use the Services in any unlawful, harmful, and/or malicious manner.
b. Intentionally cause harm to any SpotCheck staff or affiliates.
c. Engage in any unlawful, harassing, offensive, defamatory, intimidating, obscene, threatening, or stalking conduct.
d. Post any content that is sexually explicit/pornographic, threatening, incites violence, contains nudity or graphic or gratuitous violence.
e. Compromise Service security, privacy, performance, or integrity.
f. Impersonate, modify, or report inaccurate information that misrepresents personal information.
g. Commercially use, redistribute, or sell any SpotCheck property or intellectual property for the purpose of economic gain.
h. Collect, track, and alter other users’ personal information.
i. Allow someone else to use your account.
j. Use another person’s account.
k. Bypass any Service security measures or attempt to use the Services without the proper authority to do so.
l. Use scripts or bots to access or scrape the Services and refrain from uploading viruses, invalid data, or other malware through the Services.
m. Infringe the intellectual property or personality rights of other users. Users may not copy, recreate, or distribute any posted media or text from other users' accounts.

If a user fails to adhere to the presented Terms, SpotCheck reserves the right to restrict, limit, or remove personal accounts, posted content, media uploads, or any inappropriate text, visuals, or media from the Services.
If deemed necessary, SpotCheck also reserves the right to share infringing users' information with appropriate organizations, such as law enforcement agencies or other directly affiliated third parties that could be deemed at risk from the pertaining user.
Users are advised to operate the services only when safe and reasonable to do so, alleviating any safety risks, such as never using the Service while operating a motor vehicle or heavy machinery.

13)      Other User’s Rights

SpotCheck holds a deep regard for the rights of others. Consequently, you are prohibited from using the Services, or facilitating the use of the Services by others, in a manner that infringes upon or violates the rights of publicity, privacy, copyright, trademark, or any other intellectual property rights of third parties. By submitting content to the Service, you affirm and warrant that you either own the content or have obtained all requisite permissions, clearances, and authorizations to submit it to the Service. By submitting content, you also grant the rights and licenses stipulated in these Terms for the use of your content.
Moreover, you agree not to access or attempt to access another user's account, except as expressly permitted by SpotCheck or its affiliates.
SpotCheck adheres to copyright laws and takes reasonable measures to promptly remove any infringing material from our Services upon becoming aware of it. In cases where SpotCheck identifies a user with repeated copyright infringements, we will take reasonable actions within our authority to terminate the user's account. If you believe that any content on the Services infringes upon a copyright that you own or control, kindly report it by sending a notice to our email at info@spotchecknightlife.com. 

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14)      Personal Account 
To fully utilize all SpotCheck Services, users are required to create a personal SpotCheck account, wherein they will provide basic personal information. The user or account holder assumes responsibility for the accuracy of this information.
You are accountable for all activities conducted under your account, highlighting the importance of maintaining its security. To enhance security, it is recommended that you choose a robust password unique to this account. Avoid using passwords that are employed elsewhere. If you suspect unauthorized access to your account, promptly notify us via email at info@spotchecknightlife.com. 
Any software provided by us may automatically initiate downloads and installations of upgrades, updates, or additional features. You may have the option to customize these automatic downloads through your device's settings. By agreeing to these terms, you commit not to establish any additional accounts if your account has been previously removed, or banned from any of our Services unless we provide explicit consent.
Personal information will never be made public, and users have the ability to modify public information if they so choose. Public information is only viewable to users and third-party affiliates.

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15)      Account Suspension and Termination
SpotCheck North America Inc. retains the right to suspend, lock, or terminate user accounts on the Service for a breach of Terms. Repeat offenses from the user's past activities will also be taken into consideration.
If a user decides to delete their account, they have the right to do so at any time without notice or cause. However, it's important to note that the terms of this agreement will remain enforceable if the user still holds an active account. 

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16)      Indemnification 
Both parties agree, to the extent paid in settlement from any applicable insurance policies and as permitted by applicable law, to indemnify and hold harmless the other party. This includes their respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount resulting from or arising out of any act or omission of the indemnifying party. Indemnification can be related to but not limited by your use of our Services, your violation of these Terms or your breach of any applicable local, state, national or other law, rule, or regulation. This indemnification will survive the termination of this Agreement.

17)      Informational Updates
Displayed information on SpotCheck's network is gathered through user data and reporting. SpotCheck is not responsible for any inaccuracies, misinformation, or dated information. SpotCheck does not provide any guarantees or credibility to reported information.

18)      User Generated Media Content and Posting
Media content procurement, generation, and viewing are only possible if a user holds a SpotCheck account. SpotCheck is not accountable for the delivery of content sharing, as uncontrollable variables such as internet connection, user-generated content, and the software capabilities of the user's mobile device can cause software delays, technical difficulties, and the inability to view content.
When users post stories using SpotCheck's highlights function, they are within the geofence location of the given establishments or affiliates, and video components will showcase real-time activity within the premises of the establishment or affiliate.
Privacy and laws applicable within Alberta may impose certain responsibilities on the user and their use of the Services. By creating a SpotCheck profile, the user accepts full responsibility for their personal account activity, and no user actions should have any connection or association with SpotCheck. It is the user's responsibility to:
a. Abide by any laws or regulations relating to the recording or distribution of media.
b. Abide by any laws or regulations requiring notice to be given or consent to be obtained from third parties regarding the use of the products or Services.
c. Comply at all times with all applicable laws and regulations pertaining to the local region or area of services rendered.

If a user chooses to participate in the use of products and Services, they acknowledge the need to adhere to local laws and regulations. If a user breaches such laws, SpotCheck will not be responsible, and full legal repercussions will fall on the user.
A substantial portion of the content available on our Services is generated by users, publishers, and various third parties. Whether such content is shared publicly or transmitted privately, the individual or entity submitting it bears exclusive responsibility. While SpotCheck retains the right to assess and potentially remove any content displayed on the Services, it is important to note that not all content undergoes a comprehensive review. Consequently, we cannot, and do not, assure that other users or the content they contribute to the Services will adhere to our Terms.

19)      Location Services
Certain features of the Service utilize detailed location, route information, and geofencing. SpotCheck monitors user locations to provide accurate real-time information to the entire service network. Users have complete control over location-sharing features with other users.
To enhance Service accuracy and derive the maximum benefit from SpotCheck, it is encouraged that all users share their location with SpotCheck. The location information obtained by SpotCheck is retained for a limited period and in accordance with the privacy policy.

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20)      Access From Outside of Canada

Our services are intended for individuals residing in Canada. We do not assert that materials available on or through our services are suitable or accessible in other locations. The availability of our services may be restricted to any person or geographic area at any time. If you decide to access our services from outside of Canada, you do so at your own risk.

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21)     Third Party Services

SpotCheck services may include additional third-party service links or media. These links may redirect SpotCheck users to third-party ticket providers, websites, generated content and independent social media platforms. If users use or purchase any third-party service links, attachments, or products, the policies outlined by the third party will govern the relationship between the user and that specific third-party service.
SpotCheck North America Inc. will not be held responsible or liable for any interactions between SpotCheck users and third-party platforms and services. By creating a SpotCheck account, users acknowledge that SpotCheck is not responsible for screening, evaluating, and overseeing any posted information, content, statistics, or products or services advertised by third-party affiliates. SpotCheck is not responsible for the delivery, accuracy, and legalities associated with the proceedings between the user and third party.
SpotCheck does not warrant, endorse, or bear any liability or responsibility to users for utilizing any third-party services. Third-party media and links are provided solely for the convenience of the user.

22)      Disclaimer 
THE SERVICES ARE PRESENTED IN THEIR EXISTING STATE, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW. THESE INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WHILE WE STRIVE TO DELIVER A SATISFACTORY USER EXPERIENCE, WE DO NOT ASSERT OR GUARANTEE THAT:
SPOTCHECK DOES NOT REPRESENT OR WARRANT THAT:
(A) THE SERVICES WILL CONSISTENTLY MAINTAIN SECURITY, BE FREE OF ERRORS, OR OPERATE IN A TIMELY MANNER.
(B) THE SERVICES WILL ALWAYS OPERATE WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, AND/OR BUGS.
(C) ANY CONTENT, USER CONTENT, OR INFORMATION OBTAINED THROUGH THE SERVICES WILL BE PUNCTUAL OR ACCURATE

SPOTCHECK, OUR AFFILIATES, AND ASSOCIATED THIRD PARTIES DO NOT TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT USERS, GENERAL USERS, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.
BY CREATING A SPOTCHECK ACCOUNT, THE USER UNDERSTANDS AND AGREES THAT THEY MAY BE EXPOSED TO CONTENT THAT MIGHT BE DEEMED INAPPROPRIATE, OFFENSIVE, ILLEGAL, MISLEADING, OR INACCURATE, FOR WHICH SPOTCHECK, OUR AFFILIATES, OR ASSOCIATED THIRD PARTIES WILL NOT BE RESPONSIBLE.
SpotCheck will make efforts to keep the services running without disturbances, but SpotCheck makes no promises that we will succeed.

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23)      Limitation of Liability 
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPOTCHECK NORTH AMERICA INC., ITS MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND DEVELOPERS DISCLAIM ANY LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, AS WELL AS ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. THIS DISCLAIMER EXTENDS TO ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM:
(A) YOUR ABILITY OR INABILITY TO ACCESS PRODUCTS AND SERVICES.
(B) THE CONDUCT, ACTIONS, POSTS, OR RELATIONSHIPS BETWEEN USERS AND OTHER USERS AND/OR BETWEEN A USER AND A THIRD PARTY OR AFFILIATE SERVICE.
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SPOTCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USING THE SERVICES. IN NO EVENT SHALL SPOTCHECK'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF 100 CAD OR THE AMOUNT YOU PAID SPOTCHECK IN THE 12 MONTHS PRECEDING THE DATE OF THE ACTIVITY GIVING RISE TO THE CLAIM. 
SPOCHECK SERVES AS A PLATFORM CONNECTING USERS INTERESTED IN ATTENDING VENUES OR EVENTS. HOWEVER, IT IS IMPORTANT TO NOTE THAT SPOTCHECK IS NOT A PARTY TO ANY TRANSACTION BETWEEN USERS AND VENUES. CONSEQUENTLY, SPOTCHECK EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY FOR CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM, OR DAMAGES ARISING FROM OR RELATED TO ANY INTERACTIONS BETWEEN YOU AND A VENUE. THIS INCLUDES, BUT IS NOT LIMITED TO, SITUATIONS WHERE THE VENUE, (I) CANCELS THE SCHEDULED EVENT, (II) DENIES YOU ENTRANCE TO AN EVENT, OR (III) VIOLATES ANY APPLICABLE PROVINCE, STATE, FEDERAL, OR LOCAL LAW. BY USING THE PLATFORM, YOU EXPRESSLY RELEASE SPOTCHECK FROM ANY SUCH LIABILITY.
YOU ACKNOWLEDGE AND ASSUME ALL RISK AND LIABILITY REGARDING ANY INJURIES AND/OR DAMAGES ARISING OUT OF, CAUSED BY, OR IN ANY WAY CONNECTED WITH YOUR USE OF SPOTCHECKS SERVICES, DIRECTLY OR INDIRECTLY. THIS APPLIES WHETHER THOSE SERVICES ARE UTILIZED ALONE OR IN COMBINATION WITH OTHER SERVICES.

24)      ABITRATION PROCEDURE
The provided text outlines an arbitration agreement between users and SpotCheck. Here's a breakdown of the key points:
General Arbitration Use (Section A):
a. Encourages users to address disputes amicably and promptly.
b. Users are urged to contact SpotCheck at info@spotchecknigthlife.com if they believe there's a breach of the Terms.
c. If complaints persist, all claims and disputes must be resolved through binding arbitration.

Arbitration Agreement (Section B):
a. Applies to both users and SpotCheck, as well as related entities.
b. Mandates binding arbitration for claims and disputes that cannot be informally resolved or adjudicated in small claims court.

Dispute Resolution (Section C):
a. Arbitration proceedings are subject to the Alberta Arbitration Act.
b. The ADR Institute of Canada is designated as the ADR Provider for arbitration services.
c. The chosen ADR Provider's regulations govern the arbitration process, except where conflicting with these Terms.
d. The arbitration will be overseen by a single, impartial third-party arbitrator.
e. Any hearings will take place within 100 kilometers of the participant's residence or in Edmonton, Alberta, if the participant resides outside Alberta.
f. The arbitrator's award is enforceable in any court of competent jurisdiction.

Time Limitations & Venue (Section D):
a. Any cause of action must commence within one year, or it is permanently barred.
b. Arbitration proceedings will take place in Alberta, Canada.
c. The arbitration will be confidential and conducted by a sole arbitrator.
d. Exclusive authority for appeals and enforcement lies with the province or federal courts of Alberta and Canada, respectively.

Class Action Waiver (Section E):
a. Prohibits class actions, collective actions, and representative proceedings.
b. Parties renounce the right to participate in a class arbitration.

Right to Waive (Section F):
a. Allows parties to waive rights and limitations stated in the Arbitration Agreement.

Small Claims Court (Section G):
a. Either party may initiate an individual action in a small claims court.

Arbitration Agreement Survival (Section H):
a. The Arbitration Agreement persists even after the termination of the user's relationship with SpotCheck.
 

Overall, the text establishes a comprehensive arbitration process and sets forth the terms and conditions for the resolution of disputes between users and SpotCheck. Users are encouraged to read and understand these provisions carefully.

25)      Modification of Terms
Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

26)      Region of Litigation

To the extent that these terms permit either you or SpotCheck North America Inc. ("SpotCheck") to commence litigation in a court, both parties agree that all claims and disputes (whether arising from contract, tort, or other legal theories), including statutory claims and disputes, related to the terms or the utilization of the services will be exclusively litigated in the Province of Alberta.

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27)      Choice Of Law 

Unless pre-empted by Canadian federal law, these terms and any claims or disputes (whether arising from contract, tort, or otherwise) related to these terms or their subject matter are governed by the laws of the Province of Alberta, excluding its conflict-of-laws principles.

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28)      User Intellectual Property
SpotCheck users have the ability to post, upload, or contribute content to Services. You bear full responsibility for all user content that you post. By posting user content on SpotCheck, you affirm that: 
(1) you own or possess the necessary rights to post such user content
(2) the posting of such user content, or its utilization by SpotCheck under the provided license, does not: 
(i) contradict these Terms, including the SpotCheck Privacy Policy, applicable law, or the intellectual property or other rights of any third party.

When posting or sharing user content or other information on SpotCheck, please be aware that such content and information will be publicly accessible and may be utilized and shared by others on SpotCheck and throughout the internet. Exercise caution when posting or sharing on SpotCheck. SpotCheck disclaims responsibility for the content posted or shared by you or others on the Service.
On your Device, you have additionally granted SpotCheck the right to:
(1) enable SpotCheck to utilize the processor, bandwidth, and storage hardware on your Device to facilitate SpotCheck’s operation
(2) deliver advertising and other information to you
(3) permit our business partners to do the same.

29)      Intellectual Property Policy
SpotCheck acknowledges and values the intellectual property rights of others and will try to provide a platform featuring content that upholds these rights. Concurrently, we expect users of our platform to equally respect the intellectual property rights of others.
As a user, you bear responsibility for the content you post. If you have inquiries about copyright or trademark law, such as whether your content or use of another person's name or brand infringes on their rights, it is advisable to seek legal counsel. If uncertain about whether the material you intend to report infringes on another person's rights, consider seeking legal advice before reporting such content to us.
If you are a copyright holder and have a genuine belief that your work has been reproduced on our platform in a manner constituting copyright infringement, please send an email to info@spotchecknightlife.com. 

30)      Final Clause
These terms constitute the entire agreement between you and SpotCheck North America Inc. (referred to as "SpotCheck") and supersede any prior agreements. They do not establish or confer any rights for third-party beneficiaries. The lack of enforcement of a provision in these terms does not constitute a waiver. SpotCheck reserves the right to transfer its rights under these terms and provide the services using another entity, as long as that entity adheres to these terms. You are not permitted to transfer any of your rights or obligations under these terms without the consent of SpotCheck. SpotCheck retains all rights not expressly granted to you.

31)      Contact Us
SpotCheck is open to any comments, concerns, questions, recommendations, or suggestions. Please get in contact by emailing info@spotchecknightlife.com.