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CheckSavers

Terms & Coditions

This User Agreement (this "Agreement") dated today is made by and between Check Savers, LLC, a Florida corporation whose address is 206 Apollo Beach Blvd Apollo Beach, FL 33572 ("CheckSavers"), and You ("User").
A. Whereas Check Savers is a provider of Internet Payment Services ("Services");
B. Whereas User desires to use the Services for the purpose of making a payment to an Internet merchant; and
C. This Agreement contains the complete terms under which Check Savers has agreed to provide Services to the User.

NOW THEREFORE, CheckSavers AND USER AGREE AS FOLLOWS:
 

1. Products and Services Offered By Check Savers
Check Savers offers products and Services. When you obtain a product or service from Check Savers, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered by Check Savers is governed by the terms and conditions in the agreement for that product or service. Except as provided in that agreement, Check Savers does not warrant that any product descriptions or content contained in this Web Site ("Site") is accurate, current, reliable, complete or error-free.

2. Copyright Information
The Services and the content within the Site are the property of Check Savers or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with the Services are the exclusive property of Check Savers. Check Savers reserves all rights in the Services and its content not specifically granted in any agreements with Check Savers or in the Terms of Use.

3. Trademark Information
Check Savers and other marks indicated on our Site are registered trademarks of Check Savers, LLC. in the United States and/or other countries. Other Check Savers marks, graphics, logos, page headers, button icons, scripts noted on the Site are Check Savers' service marks, trademarks and trade dress and are the sole and exclusive property of Check Savers. Check Savers' service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Check Savers and in connection with any service or product that is not sponsored, endorsed or produced by Check Savers. All other trademarks not owned by Check Savers or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Check Savers or its subsidiaries.

4. Privacy Statements
Because we respect your right to privacy, we have developed a Privacy Policy to inform you about our privacy practices. Please view the Privacy Policy applicable to the specific Services you are Using.

5. Third Party Web Services and Information
The Site may provide hyperlinks to third party Web Sites or access to third party content. Check Savers does not control, endorse, or guarantee content found in such Sites. You agree that Check Savers is not responsible for any content, associated links, resources, or services associated with a third party Site. You further agree that Check Savers shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these Sites are provided for your convenience only.

6. Disclaimer
EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND Check Savers, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Check Savers AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY Check Savers ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. Check Savers DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND Check Savers, Check Savers, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF Check Savers, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

7. Indemnity
You agree to defend, indemnify, and hold harmless Check Savers, employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Services or any hyperlinked Web Site or (ii) resulting from content you supply.

8. Applicable Laws
All matters relating to your use of the Services shall be governed by U.S. federal law or the laws of the States of where the specific Web Site you are Using is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of the Services shall be instituted in a state or federal court in the jurisdiction in which the specific Web Site you are Using is hosted.

9. Severability
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

10. Survival
Any failure by Check Savers to enforce any of its rights under the Terms of Use or applicable laws shall not constitute a waiver of such right. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, you, Check Savers, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Terms of Use provisions shall retain their full force and effect.

11. Export
United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Check Savers Site to or from any countries or foreign nationals in violation of such laws or regulations.

12. No Relationship
www.CheckSavers.com is operated by Check Savers, Inc. and not the various merchants and financial institutions that use Check Savers products or services. None of the terms of any agreement between a Check Savers account holder and any financial institution including those that issued his/her credit or debit card has any effect on or relation to these Services Terms.

13. Service Documentation
The "Service Documentation" includes:

(a) A service description for each Service to be performed;
(b) A "Check" form which will act as a purchase order for each Service requested by the User;
(c) This Agreement;
(d) User guides which include software, software licenses, reset diskettes, price schedules, specifications, instructions, and notices;
(e) The set-up form (s) for each Service.
The Service Documentation also applies to any Service that is provided by an affiliate of Check Savers and any Service that is used by an affiliate or a subsidiary of User. "Check Savers" includes each such affiliate, and "User" includes each such affiliate and subsidiary. All terms defined in this Agreement shall have the same meaning when used in the Service Documentation. If there is a conflict among the documents that make up the Service Documentation, the documents will govern in the order set forth above. User acknowledges receiving a copy of the Service Documentation for each Service it requested when it entered into this Agreement.

14. Services
Check Savers and User will agree upon the Service  (s) to be provided by the User's executing and delivering a "Check" form to Check Savers and Check Savers' acceptance of same.

15. Changes to Services
Check Savers may change (or add to) the terms and fees in the Service Documentation at any time upon prior written notification. If User discontinues using the affected Service before the change becomes effective, it will not be bound by the change. If User continues to use a Service after the change becomes effective, it will be bound by the change.

16. Term and Termination
Unless terminated sooner in accordance with the Service Documentation, this Agreement and all Services will continue in effect until terminated by either party upon 30 days prior written notice to the other party (unless a Service is terminated sooner in accordance with the Service Documentation). Check Savers may terminate any Service following notice to User of a breach of any provision of the Service Documentation. Check Savers may also terminate any Service without notice to User if User is subject to a petition under applicable state or federal bankruptcy law, becomes insolvent or is otherwise unable to make its debts when due, or if Check Savers otherwise determines, in its sole discretion, that a material adverse change has occurred in User's ability to perform its obligations under the Service Documentation. The termination of a Service will not affect User's or Check Savers' rights with respect to transactions which occurred before termination. Check Savers shall not be liable to User for any losses or damages User may incur as a result of any termination of any Service.

17. Service Fees
User shall pay Check Savers the fees described in the Service Documentation and any taxes applicable to each Service, however designated, exclusive of taxes based on Check Savers's net income. Check Savers may debit User's account (s) with Check Savers for any fees not covered by earnings credits and any taxes that are due, or it may send an invoice to User for such amounts, which User shall promptly pay. Check Savers may assess finance charges at a rate of 1.5% per month (18% per annum) or the highest rate permitted by law, whichever is less, on any invoiced fees or taxes that are not paid within thirty (30) days of the due date and shall apply payments and other reductions of amounts owed first to unpaid interest and then to other fees and charges.

18. Confidential Information
Unless otherwise provided in the Service Documentation, all user guides and other written materials, source code, object code, trademarks and other intellectual property included in the Service Documentation provided pursuant to this Agreement constitute Check Savers' or its vendors' confidential information ("Confidential Information"). Check Savers or its vendors, as applicable, will remain the sole owner of all such Confidential Information, and User will not acquire any interest in or rights to it as a result of User's use of any Service except as set forth in the Service Documentation. User will maintain the confidentiality of the Confidential Information and will not use for any purpose (other than as specifically contemplated by this Agreement) or disclose (or permit its employees or agents to disclose), copy, transfer, sublicense or otherwise make any of it available to any person or entity, other than its employees who have a need to use the Confidential Information in connection with the applicable Service. User shall notify Check Savers immediately if it knows or suspects that there has been any unauthorized disclosure, possession, use or knowledge (each, an "Unauthorized Use") of any Confidential Information, and if it is responsible for the Unauthorized Use, it will, at its expense, promptly take all actions, including without limitation initiating court proceedings to recover possession or prevent further Unauthorized Use of the Confidential Information and obtain redress for any injury caused to Check Savers as a result of such Unauthorized Use. In addition, except as permitted by applicable law, User may not decompile, reverse engineer, disassemble, modify, or create derivative works of any software provided pursuant to this Agreement.

19. Third Party Networks; Use of Required Software
If Check Savers determines that any funds transfer or communications network, Internet service provider, or other system (s) it has selected to provide a Service is unavailable, inaccessible or otherwise unsuitable for use by Check Savers or User, Check Savers may, upon notice to User, suspend or discontinue the affected Service. User shall use and maintain in good working order (and at its own expense) software, hardware and other equipment necessary for User to use the Service (s) in accordance with the Service Documentation.

20. NO REPRESENTATIONS OR WARRANTIES OF Check Savers OR SOFTWARE VENDOR
NEITHER Check Savers NOR ANY SOFTWARE VENDOR MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE EXPRESSLY SET FORTH IN THE SERVICE DOCUMENTATION.

21. Liability and Indemnification
(a) Check Savers is under no obligation to honor, in whole or in part, any entry, file, batch release, payment order, transaction or instruction (each, an "Order"), which (i) exceeds User's available funds on deposit in an account with Check Savers related to the Order, unless otherwise provided in the Service Documentation; (ii) is not in accordance with the Service Documentation or Check Savers' applicable policies, procedures or practices as Check Savers may from time to time establish and make available to User; (iii) Check Savers has reason to believe may not have been duly authorized, should not be honored for its or User's protection, or involves funds subject to a hold, dispute, restriction or legal process that prevents their withdrawal; or (iv) could result, in Check Savers's sole discretion, in a violation of any law, rule or regulation of any federal or state regulatory authority, including without limitation any Federal Reserve risk control program or guidelines such as the limitations on Check Savers's intra-day net funds position.
(b) User shall promptly furnish written proof of loss to Check Savers and notify Check Savers if it becomes aware of any third party claim related to a Service. User shall cooperate fully (and at its own expense) with Check Savers in recovering a loss. If User is reimbursed by or on behalf of Check Savers, Check Savers or its designee will be subrogated to all rights of User.
(c) Any claim, action or proceeding against Check Savers for losses or damages arising from a Service, including Check Savers's honoring or dishonoring a check covered by a Service, must be brought within one year from the date of the act or omission or in the case of a check from the date the check was first paid or returned by Check Savers.
(d) Check Savers will have no liability for failure to perform or delay in performing a Service if the failure or delay is due to circumstances beyond Check Savers's reasonable control.
(e) Except in the case of Check Savers's gross negligence or intentional misconduct, User shall indemnify and hold Check Savers, its directors, officers, employees and agents harmless from all losses or damages that arise out of (i) the performance of a Service in accordance with the Service Documentation, including without limitation any warranty Check Savers is required to make to a third party in connection with a Service; (ii) an act or omission of any agent, courier or authorized representative of User; or (iii) if the Service includes a license or sublicense of any software to User, the use or distribution of the software by User or any person gaining access to the software through User that is inconsistent with the license or sublicense.
(f) Check Savers WILL ONLY BE LIABLE TO USER FOR ITS DIRECT MONETARY LOSSES OR DAMAGES DUE TO Check Savers'S GROSS NEGLIGENCE OR MATERIAL BREACH OF THIS AGREEMENT. Check Savers'S LIABILITY TO USER WILL BE LIMITED TO AN AMOUNT NOT TO EXCEED 10 TIMES THE FEES ACTUALLY PAID BY USER TO Check Savers DURING THE CALENDAR MONTH IMMEDIATELY PRECEDING THE CALENDAR MONTH IN WHICH SUCH LOSS OR DAMAGES WERE INCURRED (OR, IF NO Check Savers FEES WERE PAID IN SUCH MONTH, Check Savers FEES PAID IN THE MONTH IN WHICH THE LOSSES OR DAMAGES WERE INCURRED). IN NO EVENT WILL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL (INCLUDING WITHOUT LIMITATION COURT COSTS AND ATTORNEYS' FEES), INDIRECT, OR PUNITIVE LOSSES OR DAMAGES, WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, OR WHETHER THE LIKELIHOOD OF SUCH LOSSES OR DAMAGES WAS KNOWN TO THE OTHER PARTY AND REGARDLESS OF THE FORM OF THE CLAIM OR ACTION.

22. General
(a) The Service Documentation is the entire agreement between Check Savers and User and supersedes all prior representations, conditions, warranties, understandings, proposals or agreements regarding a Service. No course of dealing or waiver of any right on one occasion will constitute a modification of the Service Documentation or be a waiver of that right on a subsequent occasion.
(b) User expressly warrants that a Service will not be used in a manner which violates any federal or state law including without limitation any sanction or control administered by the Office of Foreign Assets Control or Bureau of Export Administration.
(c) Sections 4, 5, 6, 8, 9 and 10 of this Agreement will survive termination of this Agreement.
(d) Either party may provide notice to the other party by mail, personal delivery, or electronic transmission. Check Savers shall use the most recent address for User in Check Savers's records, and any notice from Check Savers will be effective when sent. User shall use the address where User's relationship manager is located and address any notice to the attention of such manager. Any notice from User will be effective when actually received by Check Savers. Check Savers will be entitled to rely on any notice from User that it believes in good faith was authorized by an authorized representative of User and, except as expressly stated in the Service Documentation, shall have no obligation to verify the signature (including an electronic signature). Each party will have a reasonable time after receipt of any notice to act on it.
(e) All uses of the Services through User's ID codes, passwords, token cards, PINs, or passcodes (each, a "Code") will be deemed to be authorized by and binding on User. User's failure to protect Codes may allow an unauthorized party to (i) use the Services, (ii) access User's electronic communications and financial data, and/or (iii) send or receive information and communications to Check Savers. Unencrypted electronic transmissions are not secure. User assumes the entire risk for unauthorized use of Codes and any unencrypted electronic transmissions.
(f) User may not assign or transfer its rights or obligations with respect to the Service Documentation without Check Savers's prior written consent. Check Savers may assign its rights and obligations with respect to the Service Documentation to any successor by merger, consolidation or corporate reorganization.
(g) Unless otherwise provided in the Service Documentation, the term "Business Day" means that part of a business day occurring prior to the cutoff time determined in accordance with Check Savers's applicable funds availability policy.
(h) The parties do not intend that any agency or partnership relationship be created between them by this Agreement.
(i) This Agreement may be executed by electronic signature.
(j) User agrees to pay $25 returned item fee on each item returned to Check Savers unpaid from User's Bank. The Returned Item fee will be debited from the User's Bank Account
(k) User agrees to pay all returned items within 24 hours of notification by Check Savers.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date of registration.