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.

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CheckWriter™ is trademark product from yourfavorite.com.
© Copyright 1996-2013 All Rights Reserved.