Terms of Service

By accessing or using the Service, including by creating an account or by joining an event through an invite link, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy. If you do not agree, you must not use the Service.

Rain Check is a free tool that helps groups plan social gatherings. Registered users (“Hosts”) create events and propose dates; invited participants (“Guests”) respond through an invite link without creating an account, and may offer to drive, host or bring items.

We may add, change, suspend or discontinue any part of the Service at any time, with or without notice.

You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf.

You may not use the Service while your account is suspended, if you have previously been removed from the Service, or if your use of it would violate any law that applies to you.

To create events, you must register for an account using your own valid email address and provide accurate information. You may not create an account on behalf of another person without authorization.

You are responsible for keeping your password confidential and for all activity that occurs under your account. If you become aware of any unauthorized use of your account, you must change your password promptly and, where contact details are provided in Section 19, notify us.

You may delete your account at any time from your account page. Deleting your account permanently deletes every event it hosts and cannot be undone.

Access to events is controlled by links rather than by accounts. In particular:

• anyone who has an event's invite link can view the event, see the participants' responses and join it;
• anyone who has the Host's private link can change or delete the event;
• anyone who has a co-host link created by the Host can change the event, but cannot delete it or manage co-hosts, until the Host removes that link; and
• anyone who has a Guest's personal link can change that Guest's responses.

You are responsible for sharing each link only with the people for whom it is intended. We are not responsible for any access obtained, or any changes made, through a link that you or others have shared.

Ownership. You retain ownership of the names, event details, responses, notes, comments and other material you submit to the Service (“Your Content”).

License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce and display Your Content solely as necessary to operate and provide the Service, including showing it to people who have the relevant event link. This license ends when Your Content is deleted from the Service, except as described in our Privacy Policy regarding backups.

Responsibility. You are solely responsible for Your Content and represent that you have the right to submit it and that it does not violate these Terms, any applicable law or the rights of any other person.

In using the Service, you agree that you will not:

• post or share content that is unlawful, threatening, abusive, harassing, hateful, defamatory or obscene;
• disclose another person's private or personal information without their permission;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• send spam or unsolicited promotional material;
• interfere with or disrupt the Service, attempt to gain unauthorized access to the Service, its systems or other users' information, or circumvent any rate limit, security measure or access control;
• access the Service by automated means in a manner that places an unreasonable load on it; or
• use the Service for any purpose that violates applicable law.

Reporting. If you encounter content that you believe violates these Terms, you may report it using the “Report” link beside a comment or the “Report this event” link on the invite page. Reports are reviewed by the operator of Rain Check.

Our rights. We may, without prior notice, remove any content, event or Guest, or suspend or delete any account, where we reasonably believe that it violates these Terms or creates a risk of harm to us or to others. A suspended account cannot sign in or create events, and its events are hidden until the suspension is lifted.

No obligation. We are not obligated to monitor content and are not responsible for content submitted by users.

The Service is solely an organizing tool. We do not screen, verify or endorse any user, driver, vehicle, venue or residence, and we are not a party to any arrangement made between users, including any arrangement to share a ride, host a gathering or bring food or drink.

You are solely responsible for your decisions and conduct in connection with any gathering or ride, and you participate at your own risk. You must comply with all applicable laws, including traffic laws, and must never drive while impaired by alcohol or drugs.

The Service may link to or integrate with services operated by others, such as map, calendar and weather services. Weather forecasts are provided by a third party, are estimates only and may be inaccurate. We do not control and are not responsible for those services, and your use of them is governed by their own terms and policies.

Except for Your Content, the Service and all of its contents, including the Rain Check name, logo, design, text, graphics and software, are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended personal, non-commercial purpose in accordance with these Terms. You may not copy, modify, distribute or create derivative works from the Service except as permitted by law.

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure or error-free, that information will be accurate or preserved, or that any defects will be corrected.

You should not rely on the Service as the sole record of any important information or arrangement. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, goodwill or profits, arising out of or relating to the Service, any content on it, or any gathering, ride or other arrangement made through it, whether based on contract, tort (including negligence), strict liability or any other theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Service shall not exceed one hundred United States dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

To the extent permitted by law, you agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or relating to Your Content, your use of the Service, your participation in any gathering or ride, or your violation of these Terms or of any law or the rights of any third party.

You may stop using the Service at any time and may delete your account as described in Section 4.3. We may suspend or terminate your access to the Service at any time, for any reason, including a violation of these Terms.

Sections 5.2, 6.3, 9 through 14, 17 and 18 survive any termination of these Terms, together with any other provision that by its nature should survive termination.

We may revise these Terms from time to time. When we do, we will update the date shown at the top of this page. Revised Terms take effect when posted, and your continued use of the Service after that date constitutes acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.

Governing law. These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of New York, United States, without regard to its conflict-of-law rules.

Venue. Any such dispute shall be brought exclusively in the state courts located in Niagara County, New York, or in the United States District Court for the Western District of New York, and you and we each consent to the personal jurisdiction of those courts. Notwithstanding the foregoing, either party may bring an individual claim in a small claims court of competent jurisdiction.

Consumer rights. Nothing in this Section deprives you of the protection of any mandatory law of the country or state in which you live that cannot be waived by agreement.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings on that subject.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a transfer of the Service.

Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

Questions, requests and notices concerning this document may be sent by email to contact@nomorerainchecks.com.