IMPORTANT -- READ CAREFULLY: These Terms of Service for the Online Check
Register ("Agreement") is a legal agreement between you (either an individual
or an entity) and Philip Williams (collectively "the provider") for
the Online Check Register ("Services"). The Services include
upgrades, support and access to content as described. By clicking on the
"Sign Up" button or otherwise using or accepting the Services, you agree to be
bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT CLICK ON THE "Sign Up" BUTTON AND DO NOT PURCHASE OR USE THE
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
PERSONAL INFORMATION YOU PROVIDE TO THE PROVIDER IS GOVERNED BY
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE
DISCRETION OF THE PROVIDER.
To avoid the US $14.95 setup fee for the Online Check Register account, cancel
any time within 15 days of paying the setup fee.
For technical support or information on how to cancel your subscription, please
or visit the support area. The provider may, at its sole discretion, change the
features and services offered in the Online Check Register at any time.
1. PAYMENT & SERVICES.
You agree to notify the provider about any billing problems or discrepancies
within 90 days after they first appear on your account statement. If you do not
bring them to the provider's attention within 90 days, you agree that
you waive your right to dispute such problems or discrepancies.
2. YOUR RIGHT TO CANCEL ONLINE CHECK REGISTER SERVICES
You may cancel the Online Check Register at any time. You will not receive any
refund or partial refund for any charges already billed to your account if you
cancel your services after the first 15 days of paying for the services. You
may cancel the services by accessing your Online Check
Register account at www.onlinecheckregister.com.
Cancellation instructions are available through the User Info page. Further,
you may contact the provider by email at
firstname.lastname@example.org. You understand and agree that
cancellation of your subscription is your sole right and remedy with respect to
any dispute with the provider. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Agreement or the
provider's enforcement or application of this Agreement; (2) any policy or
provider's enforcement or application of these policies; (3) the amount or type
of fees, applicable taxes, billing methods, or any change to the fees,
applicable taxes, or billing methods.
3. THE PROVIDER'S RIGHT TO TERMINATE OR MODIFY SERVICES
The Provider may modify the terms of this Agreement or the Services, including
but not limited to the price, content or nature of the Services, upon notice to
you. In the event the provider modifies the Agreement or the Services, you may
terminate the Services. The provider may terminate this Agreement and any
Services at any time upon notice to you, provided that you will be entitled to
receive the Services for any period for which you have already paid, or a
pro-rata refund at the provider's sole discretion. The provider may provide
notice by e-mail or by publishing the changes on its website. This Agreement
will automatically terminate if you fail to comply with any term. No notice
shall be required from the provider to effect such termination. Upon any
termination of this Agreement (whether by you or the provider), you shall
immediately discontinue use of the Services. Your obligation to pay accrued
charges and fees shall survive any termination of this Agreement.
4. SERVICE USE RESTRICTIONS
a) You agree that you shall only use the Services and Content in a manner that
complies with all applicable laws in the jurisdictions in which you use the
Services and Content, including, but not limited to, applicable restrictions
concerning copyright and other intellectual property rights. Except as
specifically authorized herein, you may not: (i) permit other individuals to
use the Content and Services; (ii) modify, translate, distribute or create
derivative works of the Content or the Services; (iii) copy or redistribute the
Content; (iv) rent, lease, transfer, or otherwise transfer rights to the
Content or the Services; (v) remove any proprietary notices or labels on the
Content or Service; and (vi) add to, alter, delete from, or otherwise modify
b) You may only use the Services for your private, non-commercial use. You may
not use the Services or Content in any way to provide, or as part of, any
commercial service or application.
c) In addition to any other remedies available in equity or law to the
provider, failure to comply with any of the terms and conditions in this
Section 4 "Service Use Restrictions" shall immediately terminate your license
to the the Services.
5. PERSONAL INFORMATION AND PRIVACY
Personal information you provide to the provider is governed by the provider's
Your election to use the free or paid Services, indicates your acceptance
you have any questions about the provider's treatment of personal information
you make available to the provider. If you have questions about the provider's
email@example.com. You are responsible for maintaining
the confidentiality of your password and account information. You are
responsible for all activities that occur in your account and you agree to
notify the provider immediately of any unauthorized account use. The provider
is in no way responsible for any loss that you may incur as a result of any
unauthorized use of your user account and password.
6. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time,
the provider will send you e-mail describing the latest Content and how to get
access to the Content. You agree that as a Service subscriber, the provider may
send you such e-mail to the address you provide. If you do not want to receive
this e-mail, you may cancel the Service at any time as provided in this
Title, ownership, rights, and intellectual property rights in and to the
Services shall remain in the provider's and/or its suppliers. The Services and
Content are protected by the copyright laws of the United States and other
countries, and by international copyright treaties.
8. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER FURTHER DISCLAIMS
ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT
REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE
OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF THE PROVIDER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVIDER's TOTAL LIABLITY
FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FOURTEEN DOLLARS AND NINETYFIVE
CENTS (US $14.95). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. THE PROVIDER DOES NOT ENDORSE, WARRANT OR
GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH THE PROVIDER.
9. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without the
provider's express written consent.
a) Arbitration & Jurisdiction. This Agreement and all disputes and claims
relating in any way to, or arising out of, this Agreement or Services or your
use of the Services shall be governed by the laws of the State of Georgia. If
you and the provider cannot resolve an issue through negotiation, you agree to
pay any and all of the provider's legal and court fees that the provider may
incur while defending himself.
b) Complete Agreement. This Agreement shall constitute the complete and
exclusive agreement between us. The terms and conditions contained in this
Agreement may not be modified by you except in a writing duly signed by you and
an authorized representative of the provider. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable, and such decision
shall not affect the enforceability of such provision under other
circumstances, or of the remaining provisions hereof under all circumstances.
Copyright © 2004 Philip Williams.