Last updated: September 3, 2021
These Terms of Service apply to all individuals that access or use products and services created by Check Technologies, Inc. or its affiliates, including all visitors to checkhq.com or checkpayments.com, all end users of Check services, all users of the Check sandbox environment, all Check customers and vendors, and all individuals receiving payroll funds from Check or its affiliates.
If you are an employer using Check’s payroll services, you are also bound by the Payroll User Service Terms.
If you are using Check’s sandbox environment, you are also bound by the Sandbox User Agreement.
Our provision of the Services is subject to these Terms and any supplemental terms referenced herein or which we may present you with for acceptance (each, “Service Terms”), and the Service Terms will be incorporated into and form a part of these Terms. If these Terms conflict with any Service Terms, then the Service Terms will govern with respect to those services.
1. User Accounts and Account Security
You may need to register for an account (“Account”) to access some or all of the Services. If you register for an Account, you must provide accurate Account information and promptly update this information if it changes. You give us permission to obtain, verify, and record information that identifies the individual who creates or uses the Account or Services. To verify a User, we may ask for identifying documents. We retain full authority and discretion to grant or decline your use of the Services for any reason.
2. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services for your own use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
3. User Content
The Services may allow you and other users to create, post, store or share content (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
4. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:
- Use or attempt to use another User’s Account without authorization from that User and Check;
- Misrepresent your affiliation with a person or entity;
- Sell, resell or commercially use the Services except as explicitly authorized by Check;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of the Services, except as expressly permitted by us or our licensors;
- Modify the Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon the Services;
- Use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Collect from or store on the Services any personally identifiable information or protected health information of other Users without their express permission;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Services;
- Develop or use any applications that interact with the Services without our prior written consent;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Bypass or ignore instructions contained in our robots.txt file;
- Violate any applicable law, rule, or regulation;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or
- Encourage, assist, or enable any other individual to do any of the foregoing.
You may also post or otherwise share only User Content that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Misrepresents your affiliation with, any person or entity;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Services, or may expose Check or others to any harm or liability of any type.
Enforcement of this Section 4 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or the Services (collectively, “Feedback”). You understand that we may use, disclose, reproduce, or license such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as nonconfidential.
The Check name and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Check and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
7. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Contact:Copyright AgentAddress:228 Park Ave. S, PMB 14961, New York, NY 10003Telephone Number:(856) 393 6486E-Mail Address:firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to Check for certain costs and damages.
8. Third-Party Content
Aspects of the Services may be provided or facilitated by or in connection with our partners. By agreeing to these Terms, you acknowledge and understand that certain data or other User Content may be provided to our partners for purposes of operating the Services and that you may receive certain data or notices directly from our partners in connection with the Services.
In addition, we may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. If you elect to receive Third-Party Content, you authorize us to submit your information to the third party to the extent necessary to facilitate the provision of Third-Party Content. You agree that by electing to receive Third-Party Content, and by consenting and authorizing us to submit your information to a third party, you have waived and released any Claim against Check and its directors, officers, and employees arising out of a third party’s use of your information, even if that use is not authorized by the applicable agreement between you and the third party.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Check and our officers, directors, agents, partners and employees (individually and collectively, the “Check Parties”) from and against any third party losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation or alleged violation of any applicable law, rule, or regulation; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Services. You agree to promptly notify Check Parties of any third-party Claims, cooperate with Check Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Check Parties will have control of the defense or settlement, at our sole option, of any third-party Claims.
Your use of the Services is at your sole risk. Except as otherwise provided in a writing by us, (i) the Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and (ii) we do not represent or warrant that the Services are accurate, complete, reliable, timely, current or error-free. While we attempt to make your use of the Services and any content therein safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
In providing the Services, Check relies on information provided by you. If any error results from that information, then we will attempt to correct such an error, but we make no warranties or guarantees that we will be able to partially or fully correct the error.
11. Limitation of Liability
- We or a Check Party are not responsible or liable for (i) User’s Content; (ii) errors resulting from our reliance on information provided by you; (iii) your delay in providing, or your failure to provide, us with information necessary for the provision of the Services; (iv) unauthorized third- party actions taken in your Account, and any transactions or claims arising therefrom; (vi) your negligence; (vii) any claims that could have been avoided or mitigated through reasonable efforts; (viii) any claims arising out of a third-party’s reliance on information provided by you; (ix) any claims arising from any action we take at your request; or (x) your failure to properly follow our instructions with respect to the Services.
- To the fullest extent permitted by applicable law, we and the other Check Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if we or the other Check Parties have been advised of the possibility of such damages.
- The total liability of Check and the other Check Parties for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, will not exceed the amounts you have paid to us for use of the Services in the six (6) month period immediately preceding the events giving rise to the applicable claim.
- The limitations set forth in this Section 11 will not limit or exclude liability for our gross negligence, fraud or intentional misconduct or those of the other Check Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- Duty to Mitigate. If you become aware of, or reasonably should have been aware of, any facts, issues, information, or circumstances which are reasonably likely, whether alone or in combination with any other facts, issues, information, or circumstances, to lead to a claim against us or you in connection with this Agreement, you must use reasonable efforts to mitigate against any loss that may give rise to such a claim.
To the fullest extent permitted by applicable law, you release Check and the other Check Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
13. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in Borough of Manhattan.
14. Modifying and Terminating the Services
- Your ability to use or access the Services may be terminated by us immediately and without notice if you fail to comply with these Terms.
- Except as otherwise agreed by us in writing, we reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time. We may immediately suspend or restrict your account or access to the Services, block your ability to use any feature of the Services, or immediately terminate the Services and these Terms, in each case in the event that: (i) we have any reason to suspect or believe that you may be in violation of these Terms; (ii) we determine that your actions are likely to cause legal liability for or material negative impact to us; (iii) we believe that you have misrepresented any data or information or that you have engaged in fraudulent or deceptive practices or other illegal activities; (iv) we have determined that you have failed to pay for the Services and such non-payment has not been cured within five (5) days of us providing you a notice of non-payment; of (v) you file a petition under the U.S. Bankruptcy Code or a similar state or federal law, or such a petition is filed against User. In addition, if we cannot support your business or organization type, we may immediately terminate the Services and this Agreement upon written notice to you.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- Electronic Communications. When you visit the Site or communicate with us via email or via the internet, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for maintaining appropriate equipment to access the Site.
- Services Availability. Except as otherwise agreed by us in writing, we make no representations or warranties about the uptime or availability of the Services. From time to time, scheduled system maintenance or emergency maintenance may occur, and during such maintenance periods, the Services may be inaccessible and unavailable, with or without notice.
- No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
- Contact Information. If you have any questions about these Terms or the Services, you may contact us at email@example.com or (856) 393 6486. Check, the provider of the Services, is located at 228 Park Ave. S., PMB 14961, New York, NY 10003. If you are a California resident, you may report complaints regarding the Services by contacting the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:
Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone Number: (800) 952 5210