Last updated: January 23, 2021
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.
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.
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.
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.
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:
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:
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.
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 Agent|
|Address:||228 Park Ave. S, PMB 14961, New York, NY 10003|
|Telephone Number:||(856) 393 6486|
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.
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.
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.”
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.
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.
Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Phone Number: (800) 952 5210