Terms of Use
➤ Terms
Deluxe Business Checks and Solutions ("Deluxe")
maintains MySoftwareChecks.com site (the "Site") for information purposes
only - so please feel free to browse the Site. Your access and use of
the Site, including any purchases made on the Site, is subject to the
following Terms and Conditions ("Terms and Conditions"). By accessing
and using the Site, you accept, without limitation or qualification, the
Terms and Conditions. If you do not agree to the terms and conditions,
do not access or use this site. Deluxe may at any time revise the terms
and conditions by updating this posting. You are bound by any such revisions
and should therefore periodically visit this page to review the current
terms and conditions to which you are bound.
➤ Terms and Conditions
A. Use of Site
1. 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 Deluxe's prior written permission.
2. 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 and Conditions (and the text on the Site)
without the prior written permission of Deluxe. Deluxe neither
warrants or represents that your use of materials displayed on the
Site will not infringe rights of any third parties.
3. Deluxe makes no warranties or representations as to the
accuracy or completeness of information and materials contained on
the Site and Deluxe assumes no liability or responsibility for any
inaccuracies, errors or omissions in the content on the Site.
4. Your use and browsing of the Site is at your risk. Neither
Deluxe nor any other party involved in creating, producing,
maintaining or delivering the Site is liable for any direct,
indirect, special, incidental, consequential or other damages of any
nature or description arising out of your access to, or use of, the
Site. Without limiting the foregoing, everything on the Site is
provided to you "AS IS" Without warranty of any kind, Either
Expressed or Implied, Including, But not limited to, The implied warranties
of merchantability, Fitness for a particular purpose and Non-infringement.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Deluxe
also assumes no responsibility, and shall not be liable for any damages
to, or viruses that may infect, your computer equipment or other property
on account of your access to, use of, or browsing on the Site or your
downloading of any materials, data, text or images from the Site.
5. Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions,
comments, suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary. Anything you transmit or post
may be used by Deluxe or its affiliates for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Deluxe is free to
use, without limitation or restriction, any ideas, concepts,
know-how or techniques contained in any communication you send to or
through the Site for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products and
services using such information.
6. Deluxe has not reviewed all of the sites linked to the Site
and is not responsible for the contents of any off-site pages or any
other sites linked to the Site or the products and services offered
by or through such Sites or the privacy, data security or other
business practices of those owning or maintaining such sites. Your
linking to, and access and use of, any other off-Site pages or other
sites is at your own risk.
7. You are prohibited from posting or transmitting to Deluxe or
the Site any unauthorized or misappropriated information, materials
or images or unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane information,
materials or images or any information, material or image that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
It is Deluxe's policy to fully cooperate with any law enforcement
authorities or court order requesting or directing Deluxe to
disclose the identity of anyone posting or transmitting any such
information, materials or images.
B. Intellectual Property
Except as noted otherwise in the text of the Site, the trademarks, logos,
service marks and all copyrighdiv materials displayed on the Site constitute
intellectual property owned by Deluxe or which Deluxe has the right to
use on the Site (the "Deluxe Intellectual Property"). Nothing contained
on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Deluxe Intellectual Property
displayed on the Site without the prior written permission of Deluxe.
Unauthorized use of the Deluxe Intellectual Property displayed on the
Site, or any other content on the Site, is strictly prohibited. Please
be advised that Deluxe will aggressively enforce its intellectual property
rights to the fullest extent of the law, including the seeking of criminal
prosecution.
C. Purchases of Products
1. Prepayment in full speeds your order through our Credit
Department and helps establish credit for future orders. Once your
first order has been completed and your credit card payment has
been processed, you may be eligible to establish credit for
subsequent orders on the Site. All first time Deluxe orders on the
site must be prepaid with a credit card. If you wish to establish
credit for your first order (available with a minimum order of
$25.00), you must mail in two current trade references, your bank
name, bank phone number and account number; then, subject to credit
approval, place your order either by phone, mail or fax.
With approved credit, terms are net 10 days. A late fee will be assessed to each invoice that is not paid by the due date, subject to applicable law. Prices are
F.O.B. our dock. State sales tax will be added to your order where applicable.
2. All prices and products are subject to change,
discontinuation and modification without notice or obligation.
Prices do not include shipping, handling, applicable sales tax or
service charges. Shipping, handling and service charges may vary.
All prices in U.S. dollars.
3. We will replace any Deluxe manufactured product found to
contain printing errors caused by Deluxe or to be defective in
workmanship or materials. While Deluxe takes care in the
manufacture of such products, it is commercially impossible to
detect all errors and imperfections. Therefore, no other warranty
is given, and all affirmations, samples or models made or shown
are for illustrative purposes only. The above warranty 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 deluxe 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 deluxe, Nor will
deluxe be liable for any breach of warranty (or other obligation binding
upon deluxe) In an amount greater than the purchase price of the product
actually paid to deluxe.
4. The purchase of any non-Deluxe manufactured products
represented on the Site are subject to the applicable
warranty/return policies offered by the manufacturers of such
products.
D. Logo Terms of Use
The standard design logos offered herein ("Logo"
or "Logos") are the exclusive
property of Deluxe
Enterprise Operations, Inc. or its affiliates ("Deluxe"
or "Our").
As such, Deluxe owns all right, title and
interest in the Logos, including but not
limited to,
copyright, trademark, service mark, trade dress, moral
rights, rights
under any statutory protection of fine
arts, and otherwise, as applicable. As a
customer of
Deluxe ("You" or "Your"), You acknowledge that the Logos
are being
provided merely as a convenience and
accommodation to You on an "AS IS"
basis without
warranty of any kind.
As a condition of Your use of
any Logo, You agree to:
- refrain from asserting any ownership, proprietary
or other rights in any Logo or to challenge, contest,
or take any other action inconsistent with Our
exclusive ownership rights in the Logos, irrespective
of any use You may make of any Logo;
- refrain from seeking any form of registration in
any state, federal or foreign jurisdiction, of any
trademark, service mark, trade dress, logo or other
commercial designation that includes any Logo or any
colorable imitation or derivative
thereof;
- refrain from pursuing any claim, action or
proceeding against Deluxe, its affiliates, vendors or
customers based upon any Logo used by
You;
- indemnify and defend Deluxe and its affiliates
from and against any claim, cost or liability of any
kind, including for copyright and trademark
infringement, arising out of Your use of any Logo;
and
- waive, release and hold harmless Deluxe, its
affiliates, vendors or customers from any claim or
liability based upon Our printing or provision of any
materials to any other customer of Deluxe or its
affiliates containing a Logo similar or identical to a
Logo selected by
You.