Terms and Conditions
Direct Checks Unlimited Sales, Inc. ("Checks.com") maintains the
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.com 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.
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.com'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.com.
Checks.com neither warrants or represents that your use of materials displayed on the
Site will not infringe rights of any third parties.
Checks.com provides links to other sites. Checks.com 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.com 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.
Except as noted otherwise in the text of the Site, the trade
marks, logos, service marks and all copyrightable materials displayed on the Site
constitute intellectual property owned by Checks.com or which Checks.com has the right
to use on the Site (the "Checks.com 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.com Intellectual Property displayed on the Site without the prior
written permission of Checks.com. Unauthorized use of the Checks.com 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.com 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.com is not as described, your sole remedy is to return the product in unused
condition. Checks.com will replace any Checks.com manufactured product found to
contain printing errors caused by Checks.com or to be defective in workmanship or
materials. While Checks.com 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.com represented on the Site are
subject to the applicable warranty/return policies offered by the manufacturers of such
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.com 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.com 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.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKS.COM 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.COM DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM CHECKS.COM ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. CHECKS.COM 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.COM 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.COM, NOR WILL CHECKS.COM BE LIABLE FOR ANY BREACH OF WARRANTY
(OR OTHER OBLIGATION BINDING UPON CHECKS.COM) IN AN AMOUNT GREATER THAN
THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO
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.
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, not
withstanding 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.com relating to the
use of the Site and any purchases made through the Site.
Direct Checks Unlimited Sales, Inc.
8245 North Union Boulevard
Colorado Springs, Colorado 80920