Terms and Conditions of Use

This web site, including any subsite accessible through the homepage, (collectively, the “Site”) is published and maintained by subsidiaries, affiliates and/or related entities of Digital Check Corp.. (“Digital Check”). Please note that when you enter any subsite accessible through the homepage, such subsite may have its own terms and conditions of use that are specific to such subsite. When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions (“Terms and Conditions”) set forth below and any additional terms and conditions set forth in any subsite. Digital Check reserves the right to modify, change, alter or otherwise edit these Terms and Conditions at any time by updating this posting and such changes will become immediately effective upon such posting. Your continued use of the Site will bind you to such revisions and you should therefore periodically visit this page to review the then current Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site. For your information, this page was last updated on January 5, 2016.

USE OF THE SITE:

This Site is only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio or video, for any business, commercial or public purpose. As long as you comply with these Terms and Conditions, Digital Check grants you a non-exclusive, non-transferable, limited right to enter, display and use the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.

Acceptable use:

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Digital Check’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Digital Check’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Digital Check reserves the right to restrict access to other areas of this website, or indeed this entire website, at Digital Check’s discretion.

If Digital Check provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Digital Check may disable your user ID and password, in Digital Check’s sole discretion without notice or explanation.

OWNERSHIP:

Copyright:

All materials on the Site, including but not limited to images, software, audio, text and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by Digital Check. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any use of the Content on any other web site or networked computer environment for any purpose is prohibited.

Trademarks:

Digital Check trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Digital Check by Digital Check Corp. (collectively, the “Trademarks”) displayed on the Site, including but not limited to the Digital Check logo, are registered and unregistered marks of Digital Check and Digital Check Corp., as the case may be. All other trademarks, trade names, product names, service marks and all other non-Digital Check marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Digital Check or such third party that may own other trademarks displayed on the Site.

USE OF SOFTWARE:

Any software that is available on this Site (“Software”) is the copyrighted work of Digital Check and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, DIGITAL CHECK, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on the Site and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at [Federal Acquisition Regulation 52.227-14, when applicable, or in the Department if Defense Federal Acquisitions Regulations Supplement 252.227-7013.

Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or using the Commerce Department’s Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

Communications and Submissions:

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Digital Check a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Digital Check the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Digital Check or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Digital Check reserves the right to edit or remove any material submitted to this website, or stored on Digital Check’s servers, or hosted or published upon this website.

Internet transmissions are never completely private or secure. You understand that any Communication that you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted. Sending a Communication to Digital Check does not cause Digital Check to have any special responsibility to you.

LINKS:

This Site may contain links to other Internet sites on the World Wide Web. Digital Check provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that Digital Check approves, or endorses or recommends that site. Digital Check disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS:

This Site may contain contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter. Please also see Digital Check’s Online Privacy Statement for further information concerning contests administered by Digital Check, its parent, subsidiaries or affiliates which may include children under the age of 13.

AVAILABILITY OF PRODUCTS AND SERVICES:

The products and services displayed on this Site are intended for sale in the United States only may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.

SITE INFORMATION REGARDING DIGITAL CHECK PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION WILL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY DIGITAL CHECK WITH RESPECT TO ANY PRODUCT OR SERVICE AND DIGITAL CHECK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

DISCLAIMER:

YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. THIS SITE (INCLUDING ALL CONTENT AND FUCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS SITE, DIGITAL CHECK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DIGITAL CHECK’S NEGLIGENCE, WILL DIGITAL CHECK, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF DIGITAL CHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. DIGITAL CHECK ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL DIGITAL CHECK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

INDEMNIFICATION:

You agree to indemnify, defend and hold Digital Check and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation attorneys’ fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required on Digital Check’s defense of any such claim. Digital Check reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any matter without the written consent of Digital Check.

APPLICABLE LAWS:

This Site is administered by Digital Check from its offices in Northbrook, Illinois, United States America. These terms and conditions will be governed by and construed in accordance with Illinois law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Illinois.

GENERAL PROVISIONS:

These Terms and Conditions and those found in the Digital Check’s Online Privacy Statement set forth the entire understanding and agreement between you and Digital Check with respect to the Site. You acknowledge that any other agreements between you and Digital Check with respect to the Site are superseded and of no force or effect. If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.