Direct Checks Unlimited Sales, Inc. ("Checks Unlimited") maintains the
www.checksunlimited.com web-site (the "Site") to provide information, products
and services. Your access and use of the Site, including any purchases made on
the Site, is subject to the following Terms & Conditions ("Terms &
Conditions"). By accessing and using the Site, you accept, without limitation
or qualification, the Terms & Conditions. If you do not agree to the Terms
& Conditions, do not access or use this Site. Checks Unlimited may, at any
time, revise the Terms & Conditions by updating this posting. You are bound
by any such revisions and should therefore periodically visit this page to
review the current Terms & Conditions.
governs your visit to the Site, to understand our practices.
USE OF SITE.
You may download material displayed on the Site for non-commercial, personal
use only, provided you do not remove or alter any trademark, copyright or other
proprietary notices contained on the materials. You may not, however,
distribute, modify, transmit, reuse, report, or use the contents of the Site
for public or commercial purposes, including the text and images, without
Checks Unlimited's prior written permission.
You should assume that everything you see or read on the Site is copyrighted
unless otherwise noted and may not be used except as provided in the Terms
& Conditions (and the text on the Site) without the prior written
permission of Checks Unlimited. Checks Unlimited neither warrants or represents
that your use of materials displayed on the Site will not infringe rights of
any third parties.
HYPERLINKS. Checks Unlimited provides links to other sites. Checks
Unlimited is not responsible for examining or evaluating, and does not warrant
the offerings of, any of these businesses or the content of their sites. Checks
Unlimited does not assume any responsibility or liability for the actions,
product, services or content of any such link or site. Your linking to, and
access and use of such sites and resources is at your own risk.
INTELLECTUAL PROPERTY. Except as noted otherwise in the text of the
Site, the trademarks, logos, service marks and all copyrightable materials
displayed on the Site constitute intellectual property owned by Checks
Unlimited or which Checks Unlimited has the right to use on the Site (the
"Checks Unlimited Intellectual Property"). Nothing contained on the Site should
be construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Checks Unlimited Intellectual Property displayed on the
Site without the prior written permission of Checks Unlimited. Unauthorized use
of the Checks Unlimited Intellectual Property displayed on the Site, or any
other content on the Site, is strictly prohibited.
PRODUCT DESCRIPTIONS AND PURCHASES OF PRODUCTS AND SERVICES. Checks
Unlimited does not warrant that product or service descriptions or other
content on the Site is accurate, complete, reliable, current, or error-free. If
a product offered by Checks Unlimited is not as described, your sole remedy is
to return the product in unused condition. Checks Unlimited will replace any
Checks Unlimited manufactured product found to contain printing errors caused
by Checks Unlimited or to be defective in workmanship or materials. While
Checks Unlimited takes care in the manufacture of such products, it is
commercially impossible to detect all errors and imperfections and, therefore,
no other warranty is given. Products not manufactured by Checks Unlimited
represented on the Site are subject to the applicable warranty/return policies
offered by the manufacturers of such products.
MATERIALS PROVIDED BY YOU.
In connection with your use of the Site and the purchase of Products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion ("User Content"). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Products or Services. All such comments and postings are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed. Checks Unlimited does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Checks Unlimited and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE IS
PROVIDED BY CHECKS UNLIMITED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKS
UNLIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. CHECKS UNLIMITED DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM CHECKS UNLIMITED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. CHECKS UNLIMITED WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE WARRANTY SET FORTH ABOVE IN SECTION 5 OF THESE TERMS & CONDITIONS IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL CHECKS
UNLIMITED BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY NATURE OR DESCRIPTION, DAMAGES RESULTING FROM ANY USE OR
MISUSE OF ANY PRODUCT OR ANY ACT OR OMISSION BY CHECKS UNLIMITED, NOR WILL
CHECKS UNLIMITED BE LIABLE FOR ANY BREACH OF WARRANTY (OR OTHER OBLIGATION
BINDING UPON CHECKS UNLIMITED) IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF
THE PRODUCT OR SERVICE ACTUALLY PAID TO CHECKS UNLIMITED.
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.
OTHER TERMS. This Site and these Terms & Conditions will be governed
and be interpreted pursuant to the laws of the State of Colorado, United States
of America, notwithstanding any principles of conflicts of law. A printed
version of these Terms & Conditions and of any notice, consent, approval or
other communication given in electronic form will be admissible in any judicial
or other proceeding involving these Terms & Conditions to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. These Terms &
Conditions constitute the entire agreement between you and Checks Unlimited
relating to the use of the Site and any purchases made through the Site.
Direct Checks Unlimited Sales, Inc.
P O Box 70345
Philadelphia PA 19176-0345