Effective Date: August 30, 2022

 
These Terms and Conditions of Sale and Service (these “Terms”) apply to all online purchases and sales of products and services through store.digitalcheck.com (the “Store”) and services offered through our Service Portal (the “Portal” and, together with the Store, the “Site”). By placing an order for products or services through the Site, you accept and are bound by these Terms. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind such organization or company to these Terms.

These Terms are subject to change from time to time by Digital Check Corp. and its affiliates, subsidiaries, and divisions, including Benchmark Technology Group, Inc., Avivatech LLC, nextScan, and ST Imaging (collectively, “we”, “our”, or “us”). Any changes to these Terms will be in effect as of the “Effective Date” referenced at the top of these Terms. You should review these Terms prior to purchasing any products or services through the Site. Your continued purchase of products or services through the Site after the “Effective Date” will constitute your acceptance of and agreement to such changes.

ORDERS

Your order must be placed using the order form provided on the Site. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders are subject to acceptance by us in our sole discretion. You may cancel your order prior to our acceptance (while your order is in the “pending approval” stage) by submitting a request through your online account. Once we have accepted your order and it reaches the “pending fulfillment” stage, you may request that we cancel your order by submitting that request through your online account, and we will attempt to cancel your order. However, we cannot guaranty cancellation of any order once it has reached the “pending fulfillment” stage.

We reserve the right to decline or cancel any order at any time. In such instances, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We assume no responsibility for issues resulting from any such decline, cancellation, or notification failure.

PRICES AND PAYMENT

The prices and promotions advertised on the Site are for online orders only, unless otherwise specified. All prices are listed in U.S. dollars. Except as otherwise agreed to in a separate written agreement between you and us, all prices, discounts, and promotions posted on the Site are subject to change without notice, and the price charged for a product or service will be the price advertised on the Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and estimated charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display as accurately as possible the price, availability, appearance, and specifications of our products that appear on the Site. However, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions. We are not responsible for, and reserve the right to correct at any time, any such errors, inaccuracies, or omissions and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept American Express, Discover, MasterCard, and Visa credit and debit card payments for all purchases through the Site. You represent and warrant, as applicable, that (i) the credit/debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit/debit card for the purchase, (iii) charges incurred by you will be honored by your credit/debit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

We may exercise any lawful remedy if a dispute arises over payment. Without limiting the preceding sentence, if your credit/debit card institution refuses to pay us, we may cancel your order or delay shipment. We may also deduct, from any amount due to you, any sums you owe us. We will also be entitled to all reasonable costs of collection, including attorneys’ fees.

If you feel your order should be exempt from applicable taxes, you must check the appropriate box and submit a valid tax-exempt certificate when prompted at the time you place your order.

PRODUCT AVAILABILITY AND LIMITATIONS

We may limit the number of products available for purchase, and we reserve the right to change quantities available for purchase at any time, even after you place an order. Additionally, there may be occasions when we confirm your order but subsequently learn that we cannot supply the ordered product. In the event we cannot supply a product you ordered because it has been discontinued, we will cancel the order and refund your purchase price in full. In the event we cannot supply a product you ordered because it is out of stock, we will fulfill your order as soon as reasonably practicable and may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

SHIPMENTS AND DELIVERY

We will arrange for shipment of the products ordered by you based on the shipping method you select for your order. Available shipping methods may vary based on shipping destination. We review each order individually, factoring in destination, weight, and size of items. You will pay all shipping and handling charges, unless otherwise specified in the order confirmation. Estimated shipping and handling charges for your entire order will be calculated and displayed at checkout. The final amount can change during fulfillment.

Estimated shipping and delivery times displayed on the Site or in your confirmation email are based on orders placed and accepted by 10:00 AM Pacific Time, Monday through Friday, excluding holidays, subject to in-stock availability. If your order is placed and accepted before 10:00 AM Pacific Time, Monday through Friday, excluding holidays, it will generally ship on the same day from our warehouse. Any other order will generally ship on the next business day.

Shipping and delivery dates are estimates only and are subject to change without notice. We cannot guarantee any particular shipment or delivery date, and we are not liable for any delays in shipments or delivery. Items ordered together may ship separately. For more information, please visit the applicable carrier website.

Please note: We only ship products ordered through the Site to street addresses within the 50 United States and the District of Columbia. We do not ship products ordered through the Site to any other country or to any United States territory. We also do not ship products to P.O. Boxes. If a P.O. Box is entered during checkout, this will delay processing your order and may result in higher final charges.
Risk of loss of, or damage to, any products shall pass to you when you, or a person designated by you, acquires physical possession of the products. Title in the products shall pass to you upon our transfer of the products to the carrier.

RETURNS AND REFUNDS

Our Product Return Policy, Advanced Unit Replacement Terms and Conditions, and Post-Warranty Service Programs Terms and Conditions, as applicable, set forth the complete terms and conditions governing any product returns, refund requests, or exchanges relating to orders placed through the Site.

LIMITED WARRANTY

Our Limited Product Warranty sets forth the complete and exclusive warranty terms applicable to products purchased through the Site. We warrant that all services purchased through the Site will be performed using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services.

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, AND TO THE EXTENT NOT PROHIBITED BY LAW, WE MAKE NO OTHER WARRANTY WHATSOEVER (WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE) WITH RESPECT TO THE PRODUCTS AND ASSOCIATED SOFTWARE OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OTHER LOSSES OR DAMAGES, WHETHER INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE, AND WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA, SERVICE INTERRUPTIONS, PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS OR REVENUE, LOSS OF SAVINGS, LOSS OF USE, LOSS OF TIME, LOSS OF GOODWILL, INCONVENIENCE, DIMINUTION OF VALUE, INTERFERENCE WITH BUSINESS RELATIONSHIPS, DAMAGE TO OTHER PROPERTY CAUSED BY ANY DEFECTS IN THE PRODUCTS OR ASSOCIATED SOFTWARE OR SERVICES, OR ANY OTHER COMMERCIAL OR INTANGIBLE LOSSES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IN EACH CASE ARISING OUT OF OR RELATING TO THE PURCHASE, USE OF, OR INABILITY TO USE OUR PRODUCTS OR SERVICES SOLD THROUGH THE SITE, EVEN IF WE KNEW OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN ADDITION, WE SHALL NOT BE LIABLE FOR (A) ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF THE USE, OPERATION, OR MAINTENANCE OF THE PRODUCTS AND ASSOCIATED SOFTWARE OR SERVICES SOLD THROUGH THE SITE OR (B) ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.

EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF (A) THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE SOLD THROUGH THE SITE THAT GAVE RISE TO THE LIABILITY AND (B) $10,000.

The foregoing disclaimers of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that we would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

PRODUCTS NOT FOR RESALE OR EXPORT

Products sold through the Site are solely for your personal or business use only. You represent and warrant that you are not buying products from the Site for resale or export and that all purchases are intended for final delivery to locations within the US. We reserve the right to refuse or cancel orders at any time if we believe that any products are being purchased for resale. We assume no responsibility or liability for anything resulting from such refusals or cancellations.

PRIVACY

Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Illinois, without reference to rules governing choice of law. Any controversy or claim arising out of or relating to these Terms shall be settled exclusively by arbitration before a single arbitrator administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and Mediation Procedures. You and we each hereby give up the right to resolve any controversy or claim arising out of or relating to these Terms in court, whether in front of only a judge or in front of a judge and a jury. You and we each agree to arbitrate solely on an individual basis and agree that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Neither the AAA nor the arbitrator shall have the power to consolidate more than one person’s claims or to otherwise preside over any form of a representative or class proceeding. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
No action related to these Terms may be brought more than two (2) years after the cause of action first accrued.

GENERAL TERMS

Entire Agreement. Except as otherwise agreed to in a separate written agreement between you and us, these Terms, together with our order confirmation sent to you, our Website Terms and Conditions of Use, our Privacy Policy, and any other policy or document referenced herein, constitute the sole and entire agreement of the parties with respect to the subject matter contained herein and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. If any term or provision of these Terms is determined to be invalid, illegal, or unenforceable in any jurisdiction, such term or provision shall be eliminated or limited to the minimum extent in such jurisdiction such that the remaining provisions of these Terms will continue in full force and effect and such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment. You will not assign or otherwise transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. Any purported assignment or transfer in violation of this paragraph is null and void. We may assign these Terms without your consent (i) in connection with a merger, acquisition, or sale of all or substantially all of our assets or (ii) to any affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for us as a party to these Terms, and we are fully released from all our obligations and duties to perform under these Terms. Subject to the foregoing, these Terms will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.

No Waivers. The failure or delay by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

Notices. We may provide any notice to you under these Terms by (i) sending a message to the email address you provided at the time the order was made or (ii) posting to the Site. To give us notice under these Terms, you must contact us by sending a message to us via email at orders@digitalcheck.com. All notices sent by email will be effective when sent, and notices we provide by posting will be effective upon posting.