Terms of Service
Date last revised: February 14, 2014
These terms of service ("Terms of Service")constitute a legal agreement between you and Check Inc. Any reference to "Check" in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the words "you" and "your" refer to you, the user of Check's website, device, or applications, as the party agreeing to these Terms of Service. The words "we", "us", "our" and any other variation thereof refer to Check. As used in these Terms of Service, the term "Site" includes all websites and all devices, applications or services that we operate or offer that link to these Terms of Service, pages within each such website, device, application or service, any equivalent, mirror, replacement, substitute or backup website, device, application or service, and pages that are associated with each such website, device, application or service. The use of the word "including" in these Terms of Service to refer to specific examples will be construed to mean "including, without limitation" or "including but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered.
I. GENERAL TERMS
1. ACCEPTANCE OF TERMS
Check provides its Sites to you subject to these Terms of Service, which may be updated by us from time to time. You can review the most current version of the agreement online at any time at https://check.me/termsofservice/. By using a Site, or selecting the applicable "I agree" button, checkbox, or other similar indication during the registration process, or during a subsequent presentation of a revised version of these Terms of Service, you signify your agreement with these Terms of Service. You agree that your use of the Sites will always be subject to the most current version of these Terms of Service at the time of such use. You may not use a Site and you may not accept these Terms of Service if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Check. If you accept these Terms of Service, you represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Service for your records. Depending on your activities when visiting the Site or using a particular Service, you may be required to agree to additional terms and conditions as indicated on the applicable Site or via the particular Service.
You may not use a Site and you may not accept these Terms of Service if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Check.
If you accept these Terms of Service, you represent that you have the capacity to be bound by them, and we suggest you print or save a local copy of these Terms of Service for your records.
Depending on your activities when visiting the Site or using a particular Service, you may be required to agree to additional terms and conditions as indicated on the applicable Site or via the particular Service.
2. SERVICES OFFERED
Check offers various tools and functions through the Sites (the "Services"), including a personal information management service that allows you to consolidate and track certain personal information on check.me and on mobile devices ("Information Management Service") and a bill payment service that allows you to make payments to third parties ("Bill Payment Service"). To be eligible to use the certain Services, you must be a resident of the United States or one of the countries specified by Check. Additional terms applicable to users of the Bill Payment Service are included in Article II (Specific Terms: Bill Payment Service) below.
The Information Management Service provides you with access to a personal collection of online information from your various third party accounts and information sources via the Internet and mobile devices. The Bill Payment Service provides you with the ability to make payments to certain third parties. In order to use the Information Management Service or the Bill Payment Service, you will need to provide Check with your account information (such as account passwords and usernames) and any information necessary for us to access your accounts with the service providers you choose ("Account Information"). By using the Services, you expressly authorize Check to access the Account Information, on your behalf and as your agent, solely for the purpose of providing the Services to you. Each time you add an account through your use of the Services, you will be directly connected to the website for the third party you have identified. Once you have added an account through your use of the Services, Check will submit information, including usernames and passwords that you provide, to log you into the third party site (each, a "Third Party Site"). You hereby authorize and permit Check to use and store Account Information submitted by you to accomplish the foregoing and to configure the Services so that they are compatible with the Third Party Sites for which you submit your Account Information.
YOU ACKNOWLEDGE AND AGREE THAT WHEN CHECK IS ACCESSING AND RETRIEVING INFORMATION FROM THIRD PARTY SITES, Check IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE. The Services are not sponsored or endorsed by any third parties accessible through the Services.
3. YOUR USE OF THE SERVICES
Your right to access and use the Sites and use the Services is personal to you and is not transferable by you to any other person or entity, and you may only access and use the Sites and Services for lawful purposes.
Accurate records enable us to provide the Sites and Services to you. You must provide true, accurate, current, and complete information about your accounts maintained at Third Party Sites, and you may not misrepresent any Account Information. In order for the Services to function effectively, you must also keep your Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
In order to allow you to use certain Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the Services.
Your access and use of the Sites or Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that Check, in its sole discretion, may elect to take. In no event will Check be liable to any party for any loss, cost, or damage that results from any period of downtime of the Sites or Services.
Any fees applicable to your use of a Service will be charged regardless of whether or how often you use the Services during each period for which you have subscribed to the applicable Service. There may be charges for additional transactions and other optional services that you elect to use. You agree to pay fees for the all Services you use or subscribe to as described on the Sites.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you register for an account on a Site, you will receive a password and account designation (your "Site Credentials") upon completing the registration process. You are responsible for maintaining the confidentiality of your Site Credentials. We strongly recommend that you exit and logoff from your account at the end of each session and that you enable password-protection and other security features that may be made available on the Sites.
If you believe that your Site Credentials or device that you use to access any Site has been lost or stolen, that someone is using your account without your permission, or that an Unauthorized Transfer (as defined in Section 6 of Article II (Specific Terms: Bill Payment Service) below) has occurred, you must notify us IMMEDIATELY in order to minimize your possible losses.
The following is our contact information:
Address: P.O. Box 60824 Palo Alto, CA 94306
6. TERM AND TERMINATION
These Terms of Service will be in effect from the date you first access a Site. You may terminate your account with Check at any time. Check may terminate or revise these Terms of Service at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to any Site or Service shall survive any termination of these Terms of Service. The termination of your account with Check shall not affect any fees or charges already due to us from you.
You agree that Check, in its sole and absolute discretion, may terminate your account (or any part thereof) or your use of any Site or Service, for any reason, including for lack of use or if Check believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service or other terms applicable to a specific Site or Service. Check may, also, in its sole and absolute discretion, and at any time, discontinue providing any Site or Service, or any part thereof, with or without notice. You agree that any termination of your access to a Site or Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Check may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files, the Sites, or the Services by you. Further, you agree that Check shall not be liable to you or any third party for any termination of your access to the Sites or the Services.
You can cancel your registration with any Site or Service at any time and have your information deleted from our records. To cancel your Check account, log in to your account at check.me, click "Settings" then click "Delete My Account".
You agree to defend, indemnify, and hold harmless Check from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys' fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of these Terms of Service or any activity by you in relation to the Sites or your use of the Services.
8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITES OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
CHECK MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE SITES OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CHECK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
THE SERVICE IS NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. CHECK IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. To the extent you use a Service for banking or other financial services, the Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Check does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Account Information. Any information made available through the Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Check makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Check shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
9. LIMITATION OF LIABILITY
CHECK SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES YOU MAY INCUR IN CONNECTION WITH THE SITES, THE SERVICES, YOUR USE THEREOF, OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITES, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING THEREFROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR USE OF THE SERVICE, EVEN IF CHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, CHECK'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 8 AND 9 OF THIS ARTICLE I MAY NOT APPLY TO YOU.
11. REMEDIES OF USER
Your sole and exclusive remedy for any failure or non-performance of a Service, including any associated software or other materials supplied in connection with a Service, shall be for Check to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.
12. MODIFICATIONS TO SITES OR SERVICES
Check reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. We reserve the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid subscriber to the applicable Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Check shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Sites or Services.
13. DEALINGS WITH THIRD PARTIES
Some parts of the Sites are supported by sponsored links from advertisers. Based on information you provide in connection with the Sites or Services, the Sites may present information relating to third party products or services ("Check Offers") to you that may be custom matched to you based on information you provided to the Site, queries made through the Site, or other information. We will always disclose when a particular Check Offer is sponsored.
In connection with Check Offers, the Site may provide links to other web sites or mobile applications belonging to Check advertisers and other third parties. Check does not endorse, warrant, or guarantee the products or services available through the Check Offers (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored, and Check is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Check does not guarantee that offers from any particular advertiser or other third are actually the terms that may be offered to you if you pursue the offer or that they are the best terms available.
14. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites and Services, you represent and warrant to Check that you will not use the Sites or Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not use the Sites or Services in any manner that could damage, disable, overburden, or impair the Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Services. You agree not to access the Sites by any means other than through the interface that is provided by Check for use in accessing the Sites.
If Check, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect Check, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
We may close, suspend, or limit your access to your account or ability to use the Sites or Services;
We may update inaccurate information you provided us;
We may refuse to allow you to use the Sites or Services in the future;
We may take legal action against you; and
You may be liable to Check for the amount of Check's damages caused by your violation of these Terms of Service.
Check, in its sole discretion, reserves the right to terminate these Terms of Service, access to its Sites, or access to the Services for any reason and at any time with or without notice to you.
15. CHECK INTELLECTUAL PROPERTY RIGHTS
All content included or available in connection with the Sites, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the "Content") and the selection and arrangement thereof is owned exclusively by Check or the licensors or suppliers of Check and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the Sites may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Check or the appropriate licensor or supplier.
Any feedback, questions, comments, suggestions, ideas, or the like that you send to Check will be treated as being non-confidential and nonproprietary, and Check will be free to use such information for any purpose whatsoever including developing, manufacturing, and marketing products and services incorporating the information. Any submission to a Site shall be deemed and remain the property of Check as further set forth in Section 16 of this Article I.
All non-Check product and service marks contained on or associated with the Sites are the trademarks of their respective owners. References to any names, marks, products, or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply Check's endorsement, sponsorship or recommendation of the third party, information, product, or service.
By posting or otherwise submitting your comment or any other type of submission to a Site (each a "Submission"), you hereby irrevocably grant to Check all present and future rights, title, and interest of every kind and nature whatsoever, including all copyrights and all rights incidental, subsidiary, ancillary, or allied thereto (including all derivative rights) in and to the Submission, and any ideas, concepts, or elements embodied therein, for use throughout the universe in any manner or venue and for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing Check and its products and services) by means of any and all media and devices (whether now known or hereafter devised) in perpetuity. Check shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Check deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
By posting or otherwise submitting a Submission, you represent and warrant to Check as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; (c) the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has granted to you all rights necessary to allow you to grant to Check the rights granted pursuant to these Terms of Service); (d) the Submission does not disparage Check or its competitors; does not contain any unlawful, pornographic, obscene, profane, defamatory, libelous, threatening, or otherwise objectionable material, and does not contain the names of any people (including any celebrities) or any non-Check trademarks; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by Check in any manner, venue, or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including for purposes of advertising, promotion, or trade in promoting and publicizing Check and its products and services) will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws. You hereby agree to indemnify and hold harmless Check from and against any and all third-party claims, actions, or proceedings of any kind, and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach by you of any of your warranties, representations, or agreements hereunder.
Check shall have no obligation (expressed or implied) to use (or post) the Submission or to otherwise exploit the Submission or, if commenced, to continue the distribution or exploitation (or posting) thereof, and Check may at any time abandon the use (or posting) of the Submission and/or remove the Submission from the Site for any reason in its sole discretion. You shall not be entitled to any damages or other relief by reason thereof.
You hereby acknowledge and agree that the relationship between you and Check is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to Check does not place Check in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that Check does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
17. CHANGES TO YOUR INFORMATION
You agree to promptly update all your profile information, including, as applicable, your name, physical address, email address, and financial account information. For instructions on how to update your information, please email us at email@example.com. We are not responsible for any payment processing errors or fees or other Services-related issues arising from your failure to keep your account information current.
18. NOTICES TO YOU; CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Notices to you may be sent via email, through the Service by displaying links to notices generally on the site, or to your mobile device.
You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information ("Communications") may be provided by Check to you by electronic means (i.e., via email or by posting the information on a Site). The categories of Communications that may be provided by electronic means include:
These Terms of Service and any amendments, modifications, or supplements.
Records of any payment and other transactions you handle through the Sites or Services, including payment histories and transaction confirmations.
Disclosures or notices provided in connection with the Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices).
Any customer service communications, including communications with respect to claims of error or unauthorized use of the Sites or Services.
Any other communication related to the Sites or Services.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on a Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by Check's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with us if your email address changes so that we may contact you electronically. You may update your account records, such as your email address, as described in the Changes to Your Information section of these Terms of Service. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Check will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the Sites or Services.
In order to access and retain Communications, you must have:
a computer with an Internet connection;
a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
a valid email address (i.e., your primary email address on file with Check); and
sufficient storage space to save past Communications or an installed printer to print them.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account as described in the Term and Termination section of these Terms of Service and stop using the Sites and Services. There are no fees to close your account with us.
19. JURISDICTION; GOVERNING LAW
These Terms of Service shall be deemed and treated as though they were entered into, executed, and performed solely in California, and the laws of the State of California, without regard for conflict of law rules thereof that would result in the application of the laws of another jurisdiction, apply to all matters relating to use of the Sites and Services and shall without limitation govern these Terms of Service.
By use of the Sites or Services, you agree that any lawsuit or other action brought or filed with respect to use of the Sites or Services or concerning these Terms of Service shall be brought in a court of competent jurisdiction in Santa Clara County, California and you hereby submit to jurisdiction of such court. In any lawsuit or other action relating to enforcement or breach of these Terms of Service, the prevailing party shall be entitled to recovery of costs, fees, and expenses of any action, including attorneys' fees and accounting fees.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND CHECK SPECIFICALLY AGREE TO DO SO IN WRITING.
If you do not wish to be bound by the class-action waiver in this Section 19, you must notify Check in writing within 30 days of the date that you accept these Terms of Service. Your written notification must be mailed to: Check, Inc., Attn: CEO, P.O. Box 60824 Palo Alto, CA 94306.
20. COPYRIGHT POLICY
We respect the intellectual property rights of others and we ask that users of the Site do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
P.O. Box 60824
Palo Alto, CA 94306
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
II. SPECIFIC TERMS: BILL PAYMENT SERVICE
The following additional terms apply if you use our Bill Payment Service.
1. PAYEE INFORMATION; AUTHORITY
By initiating a payment through the Bill Payment Service, you authorize us to charge the account that you designate as the account to which the bill payments should be charged or withdrawn from (the "Funding Account"). You agree to maintain a balance or available credit limit in the specified Funding Account that is sufficient to fund all payments you initiate. You represent and warrant that you have the right to authorize us to charge the Funding Account for payments you initiate using the Bill Payment Service. You will indemnify and hold Check harmless from any claims by any other owner of the account.
You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient (the "Payee"), and the amount of the transaction.
2. LIMITS ON PAYEES, PAYMENT AMOUNTS AND METHODS
You acknowledge that certain Payees may not accept payment from all types of funding sources and that we may otherwise limit the payment methods available for a particular Payee. For example, you may not be permitted to use a credit card to make a mortgage payment. Additionally, we may, at our discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Bill Payment Service. In no event will any user be permitted to use the Bill Payment Service to make payments to Payees of more than $10,000 per calendar month in aggregate.
We may refuse to permit payment to any Payee if we reasonably believe such refusal is necessary or advisable for legal or security reasons. If you fail to maintain a balance in the applicable Funding Account that is sufficient to fund any payment that you initiate, we may refuse to make any subsequent payment for as long as we determine to be necessary or appropriate. We also reserve the right and will promptly notify you of our decision to refuse to make any other payment.
We will make payments you request through the Bill Payment Service either electronically, by charging your designated credit card or via other form of funds transfer that we may choose to employ.
Payments to Payees outside of the United States or its territories are prohibited through the Services.
You may not use the Bill Payment Service to make payments to government agencies, such as tax payments and court-ordered payments.
3. REJECTED PAYMENTS
When you send a payment via the Bill Payment Service, the Payee is not required to accept it. You agree that you will not hold Check liable for any damages resulting from a Payee's decision not to accept a payment made through the Bill Payment Service. Check will use commercially reasonable efforts to research and correct any rejected payment and return it to your Payee, or void the payment and credit the applicable Funding Account.
4. INABILITY TO ACCESS FUNDS FROM FUNDING ACCOUNT
In using the Bill Payment Services, you are requesting Check to facilitate making payments from your Funding Account(s) to your Payee(s). If we are unable to access funds from your specified Funding Account to complete a bill payment transaction you request for any reason (for example, if there are insufficient funds or credit available in your Funding Account to cover the requested transaction), the transaction may not be completed. In such case, you agree that:
you will reimburse Check immediately, upon demand, the transaction amount to the extent that Check sent a payment to the Payee on your behalf;
you will reimburse Check for any fees imposed on us as a result of the failed transaction; and
you will reimburse the Services for any fees we incur in attempting to collect the amount of the failed transaction from you.
Check is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in the Funding Account that is sufficient to fund all payments you initiate. If your payment is returned unpaid, you authorize Check to make a one-time electronic fund transfer from your account to collect any unpaid amounts and a fee of $20.00 or less in accordance with applicable law.
5. YOUR LIABILITY
You are solely liable for errors you make in using the Bill Payment Service, including the following:
you direct Check to submit a payment to a Payee from the wrong Funding Account;
you erroneously direct Check to submit a payment to a Payee multiple times;
you direct Check to submit the wrong amount to a Payee;
you direct Check to submit a payment to the wrong Payee; or
you change your mind about making a payment to a Payee after directing Check to submit the payment.
You are responsible for all fees, fines, penalties, and other liability incurred by Check, a Payee, you or a third party caused by or arising out of your breach of these Terms of Service and/or your use of the Bill Payment Service. You agree to reimburse Check, a Payee or the applicable third party for any and all such liability.
In the event that you are liable for any amounts owed to Check for a payment you authorized through the Bill Payment Service, Check may immediately remove such amounts from or charge such amounts to your applicable Funding Account. If the applicable Funding Account does not have funds or available credit sufficient to cover your liability, you will be required to immediately add funds to the Funding Account or otherwise provide payment to Check through other means. If you do not do so, Check may engage in collection efforts to recover such amounts from you.
Check does not have control of, or liability for, the products or services that are paid for via the Bill Payment Service.
6. DELAYS, UNAUTHORIZED TRANSACTIONS, OR ERRORS
Payment Processing Delays and Protection for Late Fees. You acknowledge that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond Check's control, such as delays in handling and posting payments by Payees or financial institutions.
When you send a payment to certain Payees, the payment may be treated as an authorization to the Payee to process your payment and complete the transaction. Some Payees may delay processing your payment, in which case the payment may be held as pending until the Payee processes your payment and your payment authorization will remain valid for up to 30 days.
To help ensure that there is enough time for the applicable Payee to receive any payments you submit through the Bill Payment Service, you should submit payment instructions at least 6 business days prior to the due date for the applicable bill. If the due date falls on a weekend or holiday, you must submit the payment sufficiently in advance to include an additional day for processing. It is solely your responsibility to submit payments so they arrive by the Payee's due date. Subject to the other provisions of these Terms of Service, Check will bear responsibility for any satisfactorily documented late payment related charges up to $50.00 in the event a payment posts after its due date provided that the payment was submitted by you for payment in accordance with the guidelines specified in the beginning of this paragraph and the Bill Payment Service issued you a confirmation number for a payment, unless we are not responsible to you for one of the reasons listed in this section or below under "Protection for Check Errors."
Errors or other Issues Regarding Payments. All payment transactions you submit through the Bill Payment Service should appear on the statement issued by the bank or other financial institution where you have your applicable Funding Account. You should confirm all transactions you submit through the Bill Payment Service against account statements you receive from your bank or other financial institution. ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE BILL PAYMENT SERVICE MUST BE DIRECTED TO CHECK, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the Bill Payment Service and for resolving any errors in transactions made through the Bill Payment Service. We will work with you and your biller (as appropriate) to resolve errors.
We will not send you a periodic statement listing transactions that you make using the Bill Payment Service. The transactions will appear only on the statement issued by your bank or other financial institution.
SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE BILL PAYMENT SERVICE, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, contact us using the contact methods specified in Section 5 of Article I (General Terms) above.
IF YOUR SITE CREDENTIALS OR MOBILE DEVICE CARD IS LOST OR STOLEN, NOTIFY US AT ONCE USING THE CONTACT METHODS SPECIFIED IN SECTION 5 OF ARTICLE I (GENERAL TERMS) ABOVE.
Protection for Check Errors. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
if, through no fault of ours, you do not have enough money in your account to make the transfer;
the payment is rejected, returned, mishandled, or delayed by the Payee for any reason;
you have provided us with incorrect information about the Payee;
the Funding Account you specify as the payment source is closed or does not contain sufficient funds to complete the payment or the charge is rejected or returned by your bank or financial institution;
due to any pre-announced unavailability of the Bill Payment Service; or
due to circumstances beyond our control (for example, fire, flood, interference from an outside source, postal delays, or any failure by your computer, software, or Internet connection).
THIS IS CHECK'S ONLY OBLIGATION TO YOU FOR ANY PAYMENT ERRORS, DELAYS, OR FAILURE. IF YOU DO NOT FOLLOW THESE RULES OR IF YOU DO NOT ALLOW ENOUGH TIME TO COMPLETE A PAYMENT, YOU ALONE ARE RESPONSIBLE FOR ANY PENALTIES OR LATE CHARGES ON THAT PAYMENT.
Protection for Unauthorized Transactions. If your financial account statement shows payments through the Bill Payment Service that you did not authorize, you must notify us as soon as you discover the unauthorized payment. In the event that an electronic funds transfer is conducted by a person without actual, implied, or apparent authority to use your account, and the transaction did not benefit you (any such event, an "Unauthorized Transfer"), including any such events that occur because the mobile device through which you use the Bill Payment Service has been lost or stolen, you must promptly notify us of such error, as further described under "Notification Requirements and Procedures" below. For unauthorized transfers and errors with respect to your credit card or debit card that are not related to the Bill Payment Service, please see your applicable card holder agreement. Your liability for an Unauthorized Transfer may be affected by the timeliness of your notice to us, as further described below.
You may request documentation or information regarding your account or transaction to determine whether an Unauthorized Transfer occurred by contacting us using the contact methods specified in Section 5 of Article I (General Terms) above.
Notification Requirements and Procedures.
Tell us AT ONCE if you believe your Site Credentials or mobile device has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit, if any). If you tell us within 2 business days after you learn of the loss or theft of your Site Credentials or mobile device, you can lose no more than $50 if someone used your Site Credentials or mobile device without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Site Credentials or mobile device, and we can prove we could have stopped someone from using your Site Credentials or mobile device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Site Credentials or mobile device has been lost or stolen, contact us using the contact methods specified in Section 5 of Article I (General Terms) above.
In case of errors or questions about your electronic transfers, contact us using the contact methods specified in Section 5 of Article I (General Terms) above as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after the transmittal of a statement from your financial institution on which the problem or error appeared.
(1) Tell us your name and email address that you used to register for the Bill Payment Service.
(2) If possible, tell us the Check reference ID for the transaction
(3) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(4) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 60 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Check may terminate or suspend your access to the Bill Payment Service at any time. Neither termination nor suspension shall affect your liability or obligations under these Terms of Service. In the event you or Check terminate your account, any payment(s) Check has already processed before the requested termination date will be completed.
III. SPECIFIC TERMS: BILLER PROCESSING SERVICES
The following additional terms apply if you use our Biller Processing Service.
In connection with our Biller Processing Service, "you" refers to any Biller that accepts our Terms of Service, of which this Section III is a part, and thereby engages us to process its payments from our users. By using this website in connection with the Biller Processing Service or by registering with us for the Biller Processing Service, you accept these Terms of Service including the specific terms of the Biller Processing Service.
1. Description of Service; Disclaimer.
We provide a bill processing service for merchants and other billers (each a "Biller") that engage us to process certain payments they receive from their payers ("Payers") who are also our users. We are not a party to these payments or to their underlying commercial transactions, and we disclaim any and all responsibility for any payments or other disputes between Billers and Payers. Such disputes are entirely between the Billers and their Payers. We are the payment processor for the Billers.
Each Biller must register with us and accept all our Terms of Service. We will collect information from Billers to enable us to verify your identities and satisfy ourselves that it is appropriate for us to process your payment transactions in accordance with our legal obligations under such laws as "know your customer" and OFAC. We reserve the right to decline to accept a Biller into our Biller Processing Service, or to suspend or terminate our processing for any Biller at any time, or to suspend or terminate our Biller Processing Service entirely at any time and at our sole discretion.
3. Additional Agreements.
If required by an automated clearing house association (ACH), another processor or one of our banks, a Biller may have to enter into additional agreements. If you are unwilling to do so if requested, we may suspend or terminate your access to our Biller Processing Service.
4. Bill Processing Method.
We will process payments for Billers by (i) facilitating ACH debit entries or other methods to withdraw funds from our users' funding accounts, (ii) receiving these funds on your behalf, (iii) deducting our bill payment processing fee and (iv) remitting the balance to you. You hereby authorize us to process bill payments for you in accordance with our Terms of Service and to make payments to you by paper draft or electronic funds transfer for as long as you shall be a participant in our Biller Processing Service.
5. Termination by You.
You may at any time instruct us to discontinue our Biller Processing Service for you by logging into your processor account and following the instructions provided. Your written instructions will become effective in five business days or such longer period as shall be commercially reasonable under the circumstances for us, our processors and banks to act on your instructions.
6. Payments Received on Your Behalf; Release of Payer.
Payments under this program will be originated by any one of your Payers (our users) directing us, as your bill payment processor, to facilitate the withdrawal of funds from a Payer account to satisfy a bill payment or other debt the Payer owes to you. When we, as your bill payment processor, receive a payment from a Payer on your behalf, you expressly agree that you have received that payment from the Payer, and as of that time, you fully release that Payer from any obligation the Payer had to you for payment in that amount. You agree that you will not thereafter attempt to collect on such obligation and will treat it as conclusively discharged.
7. Certain Limitations on Transactions.
We provide our Biller Processing Service only for U.S. dollar payments made from Payers in the United States to Billers located in the United States who are engaged solely in lawful activities. Payments must be for goods sold or services rendered by the Biller. You hereby represent that you understand and meet all the criteria in this paragraph.
8. Our Rights in Cases of Fraud or Unlawful Activities.
If we believe a requested payment to you may have arisen from fraud or unlawful activity or that its completion may harm us or any of our users, processors or banks, we may refuse to process that transaction or, if processed, refuse to remit such funds to you. If such a transaction has already been remitted to you, you authorize us to debit the transaction amount from your bank account within 90 days of the date the transaction was initiated. You expressly authorize us to share with law enforcement agencies any information relating to your business or our transactions with you. We may ask you for additional information about your business and transactions with us at any time, and you agree to provide it.
In the normal course, we will endeavor to make an electronic funds transfer to a designated bank account of yours within two to four business days after we receive payment on your behalf from one of your Payers. We may, at our sole discretion, accelerate these payments to you, but we also reserve the right to delay or withhold payments to you in accordance with the provisions of our Terms of Service.
10. Transaction Confirmation and Error Reporting.
When we make a payment to you, we will post a payment confirmation that you can view securely on our website. You are responsible for regularly monitoring information regarding the transactions we process for you. Except as may otherwise be provided by law, you are responsible for compiling, reconciling and retaining such information. If you believe there is an error in a transaction we have posted or that you have not received confirmation of a payment, you agree to bring this to our attention in writing through our website immediately.
11. Correction of Errors.
We will attempt to rectify processing errors we discover. If we determine we have paid you less than you were entitled to receive, we will send you an appropriate amount. If an error has resulted in your receiving more than you were entitled to, you agree to promptly refund the excess. You agree that we may set off any amount you owe us from future payments due to you. Failure to properly notify us within 60 days of an error first appearing in a payment confirmation we have made available to you will be deemed a waiver of any rights you may have regarding such error.
12. Additional Terms.
As a user of this website and our Biller Processing Service, you are, upon acceptance of our Terms of Service, bound not only by the specific terms of this Section III, but also by all the applicable provisions in these Terms of Service including the General Terms in Section I. For the avoidance of doubt, those terms include, without limitation, provisions related to term and termination, indemnity, disclaimers of representations and warranties, limitations of liability and remedies.
These Terms of Service constitute the entire agreement with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between Check and you. If any portion of these Terms of Service is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of these Terms of Service that is unlawful, void, or unenforceable shall be stricken from these Terms of Service.Headings used herein are for convenience only and shall not limit, control, or add to the meaning of any term, provision, or condition.