Terms Of Use
Submitted on Fri, 08/12/2009 - 15:45
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on August 12, 2009.
This Terms of Use Agreement sets forth the standards of use of the USAChecks Online Service. By using
the www.USAChecks.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms and conditions of this agreement, you should
immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior notice. Modifications shall become effective
immediately upon being posted at www.USAChecks.com website. Your
continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of
the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be
amended.
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Description of Service
USAChecks is providing Member with Internet Marketing information and PPC. Member
must provide (1) all equipment necessary for their own Internet connection, including computer and
modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such
connection.
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Disclaimer of Warranties.
The site is provided by USAChecks on an “as is” and on an “as available” basis. To the fullest
extent permitted by applicable law, USAChecks makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. USAChecks shall have no liability for any interruptions in the
use of this Website. USAChecks disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore
the above-referenced exclusion is inapplicable.
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Limitation of Liability
USAChecks SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR USAChecks SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF USAChecks HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
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Indemnification
Member agrees to indemnify and hold USAChecks, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs,
made by any third party due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or entity.
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Modifications and Interruption to Service
USAChecks reserves the right to modify or discontinue the Service with or without notice to the
Member. USAChecks shall not be liable to Member or any third party should USAChecks exercise its
right to modify or discontinue the Service. Member acknowledges and accepts that USAChecks does not
guarantee continuous, uninterrupted or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors or circumstances outside of our
control.
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Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by
online merchants and other third parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any third-party site. You should contact the
site administrator or webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites is subject to the
terms of use and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
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Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or
collected from publicly available sources. While USAChecks makes every effort to ensure that the
information on this website is accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this website.
USAChecks makes no warranties or representations whatsoever with regard to any product provided
or offered by any Vendor, and you acknowledge that any reliance on representations and warranties
provided by any Vendor shall be at your own risk.
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Governing Jurisdiction of the Courts South Carolina
Our website is operated and provided in the State of South Carolina. As such, we are subject to
the laws of the State South Carolina, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation that our website or other services are
appropriate, legal or available for use in other locations. Accordingly, if you choose to access
our site you agree to do so subject to the internal laws of the State South Carolina.
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Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such
laws. Member may not use the Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member further agrees not to
transmit any material that encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national, or international law
or regulation.
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Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2009 www.USAChecks.com, with all rights reserved, or is the property of
USAChecks and/or third parties protected by intellectual property rights. Any use of materials on
the website, including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission of an authorized officer of USAChecks is
strictly prohibited. Members agree that they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web pages or the content contained therein without
prior written permission of an authorized officer of USAChecks.
USAChecks™ and www.USAChecks.com™ are proprietary marks
of USAChecks USAChecks’s trademarks may not be used in connection with any product or service that
is not provided by USAChecks, in any manner that is likely to cause confusion among customers, or
in any manner that disparages or discredits USAChecks.
All other trademarks displayed on USAChecks’s website are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition,
such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation with USAChecks.
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Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, USAChecks designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
By Mail USAChecks 4333 136th Court Crestwood, IL 60445
By Telephone: 877-299-8264
By Email: support@USAChecks.com
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Botnets
USAChecks retains the right, at our sole discretion, to terminate any accounts involved with
botnets and related activities. If any hostnames are used as command and control points for
botnets, USAChecks reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
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Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this
Terms of Use Agreement and any other agreements referenced herein may be assigned by USAChecks, in
our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use
Agreement shall apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure of their personally
identifiable information and other practices described in our Privacy Policy Statement.
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