Terms of Use

TheECheck.com terms of use and copyright information.
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theecheck-terms-and-conditions

TheECheck.com Terms of Use

TheECheck.com offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (collectively, the “Site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. TheECheck.com reserves the right to make changes to these Terms of Use immediately by posting the changed Terms of Use at this location. Your continued use of the Site after such notice will be deemed acceptance of such changed. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.

Your continued use of the website constitutes your agreement to all such terms, conditions, notices and any changes to the Terms of Use made by TheECheck.com. If you do not agree to accept and abide by these Terms of Use, you should not use or access the Site. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

The term ‘TheECheck.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:
Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either express or implied, including but not limited to the implied representations, warranties, or conditions of merchantability, or fitness for a particular purpose. Neither TheECheck.com nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of TheECheck.com. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the shortest duration permitted by law. You may also have other rights which vary from state to state.

TheECheck.com reserves the right to change or discontinue at any time any aspect or feature of the website.

You may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.

We do not knowingly or intentionally collect personal information from children under the age of 13. This Site is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to us at or through this Site, and you should consult with an adult for assistance in using this Site.

Jurisdiction

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as these Terms of Use, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

Privacy

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as these Terms of Use, you may not enter into this agreement or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into this agreement or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction if your use of this Site is allowed.

We make no representation that materials on this Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

Collection and Use of Personal Information

In order to access and use certain services available on this Site, ask for personal information from you that may include (but is not limited to) your name, birth date, address, zip code, email address, and phone number. Your information may be used by us:

  • to enable us to provide certain security and privacy safeguards;
  • to deal with security, debugging and technical support issues;
  • to protect ourselves and others from abuse; and
  • As permitted in our Privacy Policy.

All of the information you provide to us or that we collect from you in connection with your use of the Site will be governed by these Terms of Use and our Privacy Policy. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your ability to use this Site and, in our sole discretion, to report you to the appropriate authorities.

You acknowledge and agree that THEECHECK.COM is not responsible for the conduct of users in the interactive areas of THEECHECK.COM’s websites. THEECHECK.COM SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, LIABILITY, CLAIMS, SUITS, COSTS, EXPENSES, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY MATERIAL OR CONTENT POSTED IN THE INTERACTIVE AREAS OF THEECHECK.COM’S WEBSITES. You acknowledge and agree that you may be exposed to content that you may find offensive, indecent or objectionable and, that in such respect, you use the Site at your own risk.

Code of Conduct

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of THEECHECK.COM’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. THEECHECK.COM may, without notice, temporarily suspend your, or any other party’s access to this Site, (including, without limitation, any specific areas hosted within this Site) if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information. These suspensions will be for such periods of time as THEECHECK.COM may in its sole discretion determine are necessary to permit the thorough investigation of such suspended activity.

While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR ANY OTHER PROVISIONS OF THESE TERMS OF USE, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

Availability

While we endeavor to keep downtime to a minimum, we cannot promise that this Site will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and you shall not be entitled to any refunds of fees for interruption of this Site.

Currency of Website

THEECHECK.COM updates the information on this Site periodically. However, THEECHECK.COM cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. THEECHECK.COM may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Websites

This Site may provide links to third party websites for your convenience only, including, without limitation, links to third party websites and social media sites such as Facebook, Twitter, and Instagram. The inclusion of these links does not imply that THEECHECK.COM monitors or endorses these websites or their respective practices. THEECHECK.COM does not accept any responsibility for such websites. THEECHECK.COM shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party sites.

Internet Software or Computer Viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

THEECHECK.COM shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of User Materials or other content from this Site. THEECHECK.COM recommends that you install appropriate anti-virus or other protective software.

Our Materials

This Site is owned and operated by THEECHECK.COM in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of THEECHECK.COM and its licencors. ALL RIGHTS RESERVED.

THEECHECK.COM may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “THEECHECK.COM Materials”) available to you from this Site, from time to time. If you download or use THEECHECK.COM Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without THEECHECK.COM’s prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials. THEECHECK.COM does not transfer either the title or the intellectual property rights to the THEECHECK.COM Materials, and retains full and complete title to the THEECHECK.COM Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the THEECHECK.COM Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled THEECHECK.COM Materials into a human-perceivable form. THEECHECK.COM or its licencors own all related trademarks and logos, and you agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by THEECHECK.COM. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

This Site, (including its organization and presentation and THEECHECK.COM Materials) is the property of THEECHECK.COM and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

Exclusion of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THEECHECK.COM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, THEECHECK.COM’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR THEECHECK.COM TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY THEECHECK.COM, THEECHECK.COM WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; or (2) your use of this Site or transmission of any materials or other content through this Site. THEECHECK.COM 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 shall not in any event settle any such matter without the prior written consent of THEECHECK.COM. This indemnification section will survive any termination or expiration of these Terms of Use.

Contacting Us

If you need to contact us regarding this Site or these Terms of Use, please e-mail us at risk@theecheck.com. You can also contact us via mail addressed to 4758 Ridge Road, #268, Cleveland, OH 44144.

Your Comments

Feel free to email your comments, suggestions and feedback ("Comments") to THEECHECK.COM at the e-mail addresses provided in this Site. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) THEECHECK.COM has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) THEECHECK.COM may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

Access Related to Alleged Violations

To ensure that THEECHECK.COM provides a high quality experience for you and for other users of this Site, you agree that THEECHECK.COM or its representatives may access your Account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this Site, and you agree to give THEECHECK.COM full access to your Account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such Account and related information and records.

THEECHECK.COM does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but THEECHECK.COM reserves the right to terminate your Account or your access to this Site immediately, with or without notice to you, and without liability to you, if THEECHECK.COM believes that you have violated any of these Terms of Use, furnished THEECHECK.COM with false or misleading information, or interfered with use of this Site by others.

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in Cuyahoga County, Ohio, United States of America, in any matter arising from or related to these Terms of Use and your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with THEECHECK.COM’s prior written consent. These Terms of Use provide only for the use of this Site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.