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Terms of Use

Last updated: January 20, 2014

Welcome to CheckGear.com. CheckGear (“CheckGear”) provides website features and other products and services to you when you visit or shop (collectively, “Services”). CheckGear provides the Services subject to the following conditions.

By using Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Services, and sometimes additional terms may apply. When you use Service you also will be subject to the guidelines, terms and agreements applicable to that CheckGear Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any CheckGear Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any CheckGear Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of CheckGear or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CheckGear Service is the exclusive property of CheckGear and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CheckGear Service are trademarks or trade dress of CheckGear in the U.S. and other countries. CheckGear’s trademarks and trade dress may not be used in connection with any product or service that is not CheckGear’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CheckGear. All other trademarks not owned by CheckGear that appear in any CheckGear Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CheckGear.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CheckGear or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any CheckGear Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any CheckGear Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by CheckGear or its licensors, suppliers, publishers, rightsholders, or other content providers. No CheckGear Service, nor any part of any CheckGear Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CheckGear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CheckGear without express written consent. You may not use any meta tags or any other “hidden text” utilizing CheckGear’s name or trademarks without the express written consent of CheckGear. You may not misuse the Services. You may use the Services only as permitted by law. The licenses granted by CheckGear terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any CheckGear Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CheckGear does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. CheckGear reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CheckGear reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant CheckGear a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CheckGear and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CheckGear for all claims resulting from content you supply. CheckGear has the right but not the obligation to monitor and edit or remove any activity or content. CheckGear takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

CheckGear respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us regarding such potential infringement.

RISK OF LOSS

All items purchased from CheckGear are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

CheckGear does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, CheckGear does not take title to the refunded item. For more information about our returns and refunds, please see contact us.

PRODUCT DESCRIPTIONS

CheckGear attempts to be as accurate as possible. However, CheckGear does not warrant that product descriptions or other content of any CheckGear Service is accurate, complete, reliable, current, or error-free. If a product offered by CheckGear itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any CheckGear Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

With respect to items sold by CheckGear, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by CheckGear is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY CHECKGEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHECKGEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHECKGEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHECKGEAR DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, CHECKGEAR’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CHECKGEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHECKGEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CHECKGEAR SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CHECKGEAR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any CheckGear Service, or to any products or services sold or distributed by CheckGear or through CheckGear.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, CheckGear will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

We each agree that any arbitration or other proceeding or action shall take place in Chicago, Illinois.

APPLICABLE LAW

By using any CheckGear Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CheckGear.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies. These policies also govern your use of Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

How to Serve a Subpoena

If you have a subpoena to serve on CheckGear, please note that CheckGear does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on CheckGear.com. Please find below the address for CheckGear:

CheckGear Address

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; Kindle serial number for Kindle information (please note we do not have GPS location information); and IP address and complete time stamp for AWS information.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint. We respond quickly to the concerns of rights owners about any alleged infringement.

If you prefer to submit a report in writing, please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send us a notice to:

CheckGear Address

Please note that this procedure is exclusively for notifying CheckGear that your copyrighted material has been infringed.

Additional CheckGear Software Terms

  1. Use of the CheckGear Software. You may use CheckGear Software solely for purposes of enabling you to use and enjoy the Services as provided by CheckGear, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the CheckGear Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the CheckGear Software or otherwise assign any rights to the CheckGear Software in whole or in part. You may not use the CheckGear Software for any illegal purpose. We may cease providing any CheckGear Software and we may terminate your right to use any CheckGear Software at any time. Your rights to use the CheckGear Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain CheckGear Software that are specifically identified in related documentation may apply to that CheckGear Software (or software incorporated with the CheckGear Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any CheckGear Service is the property of CheckGear or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the CheckGear Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the CheckGear Software, whether in whole or in part, or create any derivative works from or of the CheckGear Software.
  4. Updates. In order to keep the CheckGear Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the CheckGear Software. If you are a U.S. Government end user, we are licensing the CheckGear Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the CheckGear Software are the same as the rights we grant to all others under these Conditions of Use.