Version
8.0 - CheckWriter Cloud License Agreement
CheckWriter™ Cloud License:
As a
CheckWriter Cloud™ user, you must agree to this license. Yourfavorite.com is the publisher of
CheckWriter Cloud™ brand
software. CheckWriter Cloud™ is a trademark of yourfavorite.com, and
both CheckWriter™ Software and CheckWriter Cloud™ are Copyright:
©1996-2013,
all rights reserved. Use of yourfavorite.com products and/or services constitutes
agreement to the following terms unconditionally:
Illegality
in any form, including but not limited to
activities such as unauthorized distribution or copying of
copyrighted software, violation of U.S. export restrictions,
harassment, fraud, and other illegal activities including
unauthorized account debits, are prohibited uses for
CheckWriter
Cloud™.
Once
installed the creators of CheckWriter Cloud™ assume no liability for misuse or fraud associated with the
software package. Funds authentication and verification, record
keeping, and privacy, are the sole responsibility of you the
Customer, purchaser, and end user. This product is
intended for use in the United States within the U.S. banking
system only, and any other uses are not supported.
The Single User
Version of
CheckWriter Cloud™ is
intended to be accessed by just one user with full
administrative permissions. One username and password are issued
to access
CheckWriter Cloud™ only, and only one user can access
CheckWriter Cloud™ at a time. CheckWriter Cloud™ is intended to
work in supported browser types which are posted at the
CheckWriter Cloud™ website. CheckWriter Cloud™
is not
intended for use outside of North America.
The Multi-User
Version of
CheckWriter Cloud™ is
intended to be one user with full administrative rights and one
or more additional users as assigned to your account.
The Upgrade
Version of
CheckWriter Cloud™ is offered to verified
owners of any prior version of
CheckWriter Brand
Software with proof of purchase, or
purchase record on file. The upgrade is offered as a full
version, not a limited version, and will not require presence of
a prior installation, although it will transfer all prior
information if properly backed up.
CheckWriter™
Support - Support on this
product is offered for the life of the release [8.xx] at no
charge via the support ticket system, managed by
yourfavorite.com.
Telephone support covers
all technical issues and does not include product training time,
'walk-through', assisted standard installation, nor does it
include diagnostics for virus or spyware related issues.
The support system can be accessed via this link:
yourfavorite.com/help.
Free Telephone Support:
Phone support is offered by calling 617-859-8998, except Federal
and State holidays, and quarterly staff development days -
Monday through Friday 9 a.m. to 4 p.m. Eastern time.
Promise for resolution and/or time for action, is 24 business
hours.
Pay-Per-Issue Telephone Support:
If phone support is offered on your version, once your free
support has expired, pay-per-issue support is offered by
telephone by calling
617-859-8998, except Federal and State holidays, and quarterly
staff development days - Monday through Friday 9 a.m. to 4 p.m.
Eastern time. This service is on a call back basis and must be
purchased at current support rates. To request
pay-per-issue phone support, go to checkwritersupport.com and place an
order for this service. Promise for resolution and/or time for
action, is 24-48 business hours.
KYC Requirements:
Under current Know Your
Customer regulations, Yourfavorite.com and
CheckWriter Cloud™ may
suspend or terminate your account if we are unable to verify
your address using the Visa, MasterCard or American Express AVS
system, or if your email in your FILE -> OPTIONS menu is
invalid, or if your telephone number in your FILE -> OPTIONS
menu is invalid. Your account may also be subject to termination
if the responsible party on the account is discovered to be
listed on the Money Laundering List, the Terrorist Watch List or
the Terminated Merchant File.
Refunds
are subject to the terms and conditions at
checkwriter.net and the back of your invoice if you purchased from
yourfavorite.com.
LIMITATION
OF OBLIGATIONS AND LIABILITY
Yourfavorite.com
will utilize its best efforts to maintain acceptable performance
of services contracted for services, but yourfavorite.com makes
absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness for a
particular purpose. Yourfavorite.com cannot guarantee continuous
service, service at any particular time, or integrity of data
stored or transmitted via its system, via the Internet or using
software products or platforms where information is stored. Yourfavorite.com
will not be liable for the inadvertent disclosure of, or
corruption, or erasure of, data transmitted or received or
stored on its system or products.
Yourfavorite.com
shall not be liable to Customer or any of its customers for any
claims or damages which may be suffered by Customer or its
customers, including, but not limited to, losses or damages of
any and every nature, resulting from the loss of data,
corruption of data, inability
to access Internet, the software, or inability to transmit or
receive information, inability to access information in a
database, or improper use, or improper printing of drafts or
checks, or
service caused by, or resulting from, delays, non-deliveries,
incorrect data, or
service interruptions, associated with a yourfavorite.com software product,
whether or not caused by the fault or
negligence of
CheckWriter Cloud™ or
yourfavorite.com.
Yourfavorite.com
makes no guarantee that checks or drafts printed by
CheckWriter Cloud™
will have available funds or that checks or drafts are actually
valid when created with
CheckWriter Cloud™. Youfavorite.com
will not be liable for returned check charges or any other
banking fees accrued while using the
CheckWriter Cloud™.
Customer will take all
necessary measures to preclude yourfavorite.com and/or
CheckWriter Cloud™
or its owners and affiliates from being made
a party to any lawsuit or claim regarding yourfavorite.com or
CheckWriter Cloud™
services provided to any Customer or end user. Customer hereby
agrees to indemnify and hold harmless yourfavorite.com and
CheckWriter Cloud™
from any
and all claims of whatever nature brought by any of Customer's
customers against yourfavorite.com or
CheckWriter Cloud™.
PROPERTY
RIGHTS
Yourfavorite.com
owns all right, title and interest in yourfavorite.com’s trade
names, service marks, inventions, copyrights, trade secrets,
patents, and know-how relating to the design, function, or
operation of Plans and of the hardware and software systems and
resources necessary to provide the individual service elements
of which they consist. This agreement does not constitute a
license to Customer to use yourfavorite.com's trade names or
service marks. The use by Customer of the other property rights
mentioned here is authorized only for the purposes of using the
CheckWriter Cloud™.
LICENSE TO USE IMAGES
Limited, and non-transferable license is granted for use of the
generic WebDebit™ order form as published in the software online
manual, including license to use the graphics and images
contained within, for purposes of gathering relevant check
information from the licensee's customers or clients, and
processing payments though CheckWriter™ Software. No other use
of such images, or code from the generic form is permitted
without express written permission. Copyright on all images
provided with the generic WebDebit™ order form is maintained by
the rightful owner, all rights reserved.
CONFIDENTIALITY
Customer
acknowledges that by reason of its relationship with
yourfavorite.com hereunder, it may have access to certain
information and materials relating to yourfavorite.com’s
business, plans, customers, software technology, and marketing
strategies that is confidential and of substantial value to
yourfavorite.com, which value would be impaired if such
information were disclosed to third parties. Customer agrees
that it will not use in any way for its own account nor for the
account of any third party, nor disclose to any third party, any
such information revealed to it by yourfavorite.com. This
includes use of pieces of
CheckWriter Cloud™ or
CheckWriter Cloud™ as a whole in the development of
other software systems or similar projects.
Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information.
In the event of termination of this agreement, there shall be no
use or disclosure by the Customer of any such confidential
information in its possession, and all confidential materials
shall be returned to yourfavorite.com or destroyed. The
provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach
of this section, yourfavorite.com shall be entitled to
injunctive relief, which relief shall not be contested by
Customer.
OTHER CONDITIONS
Other conditions and terms apply to this license agreement,
including the official "Terms of Service" as published
at the yourfavorite.com website. yourfavorite.com/about/tos.htm.
NONASSIGNABILITY
Customer's rights
and obligations under this agreement may not
be transferred or assigned directly or indirectly
without the prior
written consent of yourfavorite.com.
CheckWriter Cloud™
cannot be sold or transferred in any way to a third
party once it has been accessed by the original
Customer.
PARTIAL
INVALIDITY
If any provision of
this agreement is held to be invalid by Suffolk Superior Court
in Boston or any other court where proceeding regarding this
contract may be held, then the remaining provisions shall
nevertheless remain in full force and effect. yourfavorite.com
and Customer agree to renegotiate in good faith any term held
invalid and to be bound by mutually agreed substitute provision.
ENTIRE
AGREEMENT; MODIFICATIONS
This agreement sets
forth the entire agreement and understanding between the parties
and merges all prior discussion between them.
yourfavorite.com
may make changes to this agreement or the terms of service from
time to time. Customer has the option to agree to the new terms
of service upon login to
CheckWriter Cloud™.
Utilization of
yourfavorite.com services and use of
CheckWriter Cloud™ by Customer and/or
its Customers, following the effective date of such change shall
constitute acceptance by Customer of such change(s).
CheckWriter™
Software and is
CheckWriter Cloud™ are
Copyright 1996-2013, all rights reserved.
Reproduction in full or part is strictly prohibited.
---------------END---------------
CheckWriter™
is trademark product from yourfavorite.com.
© Copyright 1996-2013 All Rights Reserved.
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