YOURCHECK, INC. TERMS AND CONDITIONS OF SERVICES
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
(a) These terms and conditions (these “Terms”) apply to the purchase and sale of Services (defined below) from YourCheck Inc. or any of its subsidiary companies (collectively, “YourCheck,” “we,” “us,” or “our” as the context may require) through its website, https://yourcheck.co (the “Site”) or any other online platforms.
(b) The term “Services,” means all products and services operated by us, including the content, features, tools, data, software, and functions made available by YourCheck through the Site, our mobile applications, and any other online platforms.
(d) You may ONLY access or use Services from us IF you (a) agree to these Terms, (b) are the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with us, (c) are not prohibited from accessing or using this Site or any of this Site’s contents, goods or services by applicable law, and (d) are (i) the person requesting and receiving your own information, or (ii) a party who is authorized to request and receive information from us by the person whose information is being requested and received.
2. Order Acceptance.
You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the Services you have applied for.
3. YourCheck Account.
(a) General Requirements
(ii) If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your member account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
(iii) We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Prices and Payment Terms.
(a) All prices, discounts, and promotions posted by us are subject to change without notice. The price charged for our Services will be the price in effect at the time the order is placed and will be set out in the order payment confirmation page. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your quotation total and will be itemized in your shopping cart. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
5. Returns and Refunds.
Due to the informational character of our Services, we will not accept returns or issue refunds once the order has been accepted.
6. Limitations and Restrictions on Use of Our Services.
(a) Information Provided.
(ii) Any information we provide as part of our Services are for illustrative and educational purposes only. Our reports use only the data we collect from you and our third-party providers. We do not guarantee that the information we present as part of our Services is the same information that may be used or reviewed by a third party to assess your eligibility for any particular product or service or for employment.
(iii) YOURCHECK IS NOT A CONSUMER REPORTING AGENCY.
(b) Not a Legal or Professional Advisor. YourCheck is not a criminal investigation organization, background counselor, private investigator, or financial or legal advisor as defined under federal or state law. Use of our Services is not a replacement for personal, professional, or legal advice or assistance regarding your finances, criminal history or background.
(c) Territorial Restrictions. All of our Services are operated and based from the United States and we make no representations or warranties that the Services provided are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
(d) Compliance with Law. You must comply with all applicable laws when using our Services. You are not permitted to use our Services to obtain any criminal report, records or other personal information under false pretenses or in violation of the Fair Credit Reporting Act or applicable state or federal law.
(e) Links to or Connections with Third-Party Sites or Applications. Our Services or communications to you may contain third-party content or links to third-party websites, applications or services (collectively, “Third-Party Content”). Our Services may also include features that allow you to connect your YourCheck member account with accounts or services provided by third parties, such as accounts you maintain with financial institutions or social media platforms like Facebook (collectively, “Third-Party Services”). We do not control, maintain, or endorse the Third-Party Content or Third-Party Services, and we are not responsible or liable for any damages, losses, failures, or problems caused by, related to, or arising from Third-Party Content or Third-Party Services. Your interactions and business dealings with the providers of the Third-Party Content or Third-Party Services, including products or services offered by such third parties, are solely between you and the third party. You should review all of the relevant terms and conditions associated with Third-Party Content or Third-Party Services, including any privacy policies and terms of service. We are not responsible for any information that you agree to share with third parties in connection with Third-Party Content or Third-Party Services.
7. Intellectual Property.
(a) Our Content. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, information, and other materials that are delivered or presented to you under this Agreement or prepared by or on behalf of us in the course of performing the Services, except for any confidential information or materials provided by you shall be owned exclusively by us, our third-party license holders, or our third-party partners. We hereby grant you a license to use all Intellectual Property Rights in the Services (our “Content”) free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable you to make reasonable use of the Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) our Content, in whole or in part, without our express prior written consent. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to use our Content except as expressly stated in the Agreement.
(b) Our Partners’ Intellectual Property. Our Services may also display certain intellectual property, such as company, analysis, and service name and logos, that is owned by our partners (our “Partners’ Intellectual Property”). Nothing in the Agreement or our Services grants you, by implication, estoppel, or otherwise, any license or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of our Partners’ Intellectual Property.
(d) Infringement of Rights. You may not use our Services in any manner that infringes the rights of any third party. If you believe that any of our Content or Feedback violates your copyright, please send a notice of infringement (“Notice”) either by email or regular mail to: PO Box 7787, Ann Arbor, MI 48107. We reserve the right to terminate the member accounts of repeat infringers.
8. Monitoring of Our Services and Disclosure for Administrative and Legal Reasons.
We have the right, but not the obligation, to monitor our Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce this Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our members, our Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Services or the services of our partners.
(a) WE PROVIDE OUR SERVICES, AND OUR CONTENT “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
(b) YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF YOUR USE OF OUR SERVICES OR YOUR USE OF ANY OF OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
(c) YOU ACKNOWLEDGE THAT YOURCHECK IS SOLELY AN INTERMEDIARY (I) BETWEEN YOU AND ANY INVESTIGATING AGENCY OR OTHER OF OUR THIRD-PARTY PARTNERS ACTUALLY SUPPLYING YOUR CRIMINAL RECORDS, BACKGROUND CHECKS, AND OTHER INFORMATION. YOURCHECK EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CRIMINAL RECORDS, BACKGROUND REPORTS, OFFERS OR OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH OUR SERVICES OR OUR CONTENT.
(d) NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
10. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
(b) OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU HAVE ORDERED FROM US, WHICHEVER IS GREATER.
(c) THE REMEDIES SET FORTH IN THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE AGREEMENT.
(d) The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury resulting from our acts or omissions.
You agree to defend, indemnify, and hold harmless YourCheck, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “YourCheck Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your use of our Services or our Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party, including any provider of Third-Party Content. You must not settle any such claim or matter without the prior written consent of YourCheck. The YourCheck Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
12. Dispute Resolution and Arbitration.
(a) YOU AND YOURCHECK ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
(b) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF OUR SERVICES OR CONTENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(c) UNLESS BOTH YOU AND YOURCHECK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
(d) Exceptions. Despite the above provisions of this Section, you and YourCheck both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits under Consumer Arbitration Rule 9(b), even after filing an arbitration; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of a pending arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of our Services or address an intellectual property infringement claim.
(e) Arbitration Process. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(f) Arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(g) Notice and Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail (“Notice”). YourCheck’s address for Notice is: PO Box 7787, Ann Arbor, MI 48107. You and YourCheck agree to use good faith efforts to resolve the claim directly, but if you and YourCheck do not reach an agreement to do so within 30 days after the Notice is received, you or YourCheck may commence an arbitration proceeding.
(h) Enforceability. If any provision of this arbitration section is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
13. Deactivation and Termination.
(a) Termination of Agreement; Surviving Terms. The Agreement is effective until your member account, if applicable, is deactivated by either you or YourCheck and you discontinue all access and use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to our Services or our Content will survive such termination.
(b) Deactivating Your Member Account. If you decide you want to deactivate your member account, you can do so by visiting our website or contacting us at firstname.lastname@example.org.
(a) Governing Law. The Agreement is governed by the laws of the State of Michigan, excluding conflicts of law provisions.
(b) Entire Agreement. The terms of the Agreement constitute the entire and exclusive agreement between YourCheck and you in connection with your use of our Services or our Content.
(c) Amendment and Modification. We may modify the Agreement at any time. We will post modifications to these Terms on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use our Services. Modifications will take effect when published. By continuing to use our Services following any modification to these terms, our Privacy Statement or any Additional Terms, you are agreeing to the Agreement as modified.
(d) Waiver. No waiver by YourCheck of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by authorized personnel of YourCheck. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
(e) Assignment. YourCheck may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without our consent.
(f) Severability. If any provision of the Agreement is invalid, unlawful, void, or unenforceable for any reason in any jurisdiction, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you.
(g) Apple Requirements. If you downloaded the YourCheck app (the “App”) from the Mac App Store, the following terms also apply to you:
(i) Acknowledgement: You acknowledge that this Agreement is between you and YourCheck only, and not with Apple, and YourCheck, not Apple, is solely responsible for the App and its content.
(ii) Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on Mac product that you own or control and as permitted by the Usage Rules that are part of the terms of service in the Mac App Store.
(iii) Maintenance and Support: YourCheck and not Apple is solely responsible for providing any maintenance and support services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(iv) Warranty: YourCheck is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YourCheck’s sole responsibility.
(v) Product Claims: Apple is not responsible for addressing any user or third-party claims relating to the App including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.
(vi) Intellectual Property Rights: Aside from the provisions above, you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(vii) Developer Contact Info: Direct any questions, complaints or claims to: PO Box 7787, Ann Arbor, MI 48107 via mail; or email@example.com via e-mail.
(viii) Third-Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
(h) Android Requirements. If you downloaded the YourCheck app (the “App”) from the Google Play Store, the following terms also apply to you:
(i) Acknowledgement: You acknowledge that this Agreement is between you and YourCheck only, and not with Google, and YourCheck, not Google, is solely responsible for the App and its content.
(ii) Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on Android product that you own or control and as permitted by the Usage Rules that are part of the terms of service in the Google Play Store.
(iii) Maintenance and Support: YourCheck and not Google is solely responsible for providing any maintenance and support services. You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(iv) Warranty: YourCheck is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be YourCheck’s sole responsibility.
(v) Product Claims: Google is not responsible for addressing any user or third-party claims relating to the App including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.
(vi) Intellectual Property Rights: Aside from the provisions above, you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, Google will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(vii) Developer Contact Info: Direct any questions, complaints or claims to: PO Box 7787, Ann Arbor, MI 48107 via mail; or firstname.lastname@example.org via e-mail.
(viii) Third-Party Beneficiary: You acknowledge and agree that Google and Google’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.