January 1, 2015

TheChecklist™ TOS and EULA

To all friends who use my software:
It gives me great joy to create software that actually helps people.
Your enthusiastic support is my goal. You can help by asking for help.  
Thank you for the opportunity to be of service.
Namaste,
Michael McCafferty
A word about Privacy and Security:
My promise is that all your information will be kept absolutely private and secure as humanly possible and you have to trust that we are good people here at DBLM.com, who, as you know is a real human being called Michael McCafferty, and he’s got a long history of being a stand up guy and you can rely on his word and experience.
Your data is never shared, sold, copied, whatever. I would consider that a betrayal of trust and you could sue us for damages and put us out of business forever. We won’t do that. It’s your responsibility to take steps to secure your data with multiple levels of passwords, two-factor identification, encryption, etc. We need to work together on this.
A word from the lawyers. (groan)
Please excuse the legaleze, but lawyers say you have to include this stuff even though nobody reads it. It says so much about everything and nothing and it’s guaranteed to be boring, but airtight, and there isn’t a blessed thing you can do about it except not use the software. This is typical of any End User License Agreement (EULA) that everyone has to agree to but they never read because, well, look at it...
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the TheChecklist™ software application (the “Service”) operated by DBLM.com (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.
Communications  By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Content  Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service.
You agree that this license includes the right for us to make your Content available to other users of the Service who are authorized by you and who may also use your Content subject to these Terms,  TheChecklist ™  has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of TheChecklist ™  or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts  When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Disclaimers and Limitations of Liability  Please read this section carefully since it limits the liability of TheChecklist ™  and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ TheChecklist ™  Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available “AS-IS”  Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TheChecklist ™  ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TheChecklist ™  Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from TheChecklist ™  Entities or through the Services, will create any warranty not expressly made herein.
Copyright  The ownership to the TheChecklist ™ software, trademarks, and brand, rests with DBLM.com and Michael McCafferty. Any form of copying, sharing, selling, transferring, reverse engineering, gifting, whatever-ing, of the software requires written permission, without exception.
Links To Other Web Sites  Our Service may contain links to third party web sites or services that are not owned or controlled by TheChecklist ™ .
TheChecklist ™  has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that TheChecklist ™ . shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination  If you wish to terminate your account, you may simply discontinue using the Service. To remove your data, simply File/Move to trash, no notice need be given, no salesman will call. We wish you well.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law  These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes  We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. We tried to keep this easy.