TERMS & CONDITIONS OF USE

Continued use of Checkever.com (“Checkever.com”, or “Company”) requires that you read and accept the following terms and conditions completely. By accessing or using the Checkever.com website, including any software or mobile applications made available by Checkever.com (together, the "Website" or "Service"), however accessed or used, you agree to be bound by these terms (the "Terms of Service" or the "Agreement"). By using the Service, you agree to be bound by this Agreement, constituting a legally binding agreement between Checkever.com and you concerning your use of the Service. We encourage you to print the Agreement or save it to your computer for reference.

If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Service, and you must immediately cease accessing or using the Service.

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 17 (Dispute Resolution) for full details.

Privacy Policy

By using the Service, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and Checkever.com's Privacy Policy (the "Privacy Policy"), which is incorporated into this Agreement by reference. The Privacy Policy is available here. Checkever.com encourages you to frequently check the Privacy Policy for changes.

Eligibility

By accessing and/or using the Service, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Service on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

Prohibited Uses of the Service; FCRA Compliance

Checkever.com is required to obtain your agreement to each of the following provisions in order to provide the Services in a legally-compliant manner and to comply with requirements of its third party information providers. In the event of any conflict between the following provisions and the remainder of this Agreement, these Section 4 provisions will govern.

  • You understand that content and data provided on or through Checkever.com’s Websites and/or Mobile Apps (collectively or singly, “Content”) is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that Checkever.com’s products and Services should not be relied upon as accurate, timely or complete.
  • You understand that Checkever.com’s products and Services contain sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information and Content. You further agree that you are solely responsible for complying with all applicable laws.
  • By submitting and “signing” (including an electronic or digital signature, such as clicking an “I accept” button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) this Agreement, you agree that you have: (a) fully read this Agreement in its entirety; (b) understood all of the terms and conditions of this Agreement; (c) honestly and fully answered all questions asked of Checkever.com; and (d) agreed to be fully bound by this Agreement.
  • Any unauthorized use of Checkever.com’s Website, Mobile App, and/or its Content is expressly prohibited.
  • The Content provided on this Website or Mobile App is for your personal use only and not for commercial exploitation.
  • You understand that Checkever.com is not a consumer reporting agency, and Checkever.com’s products and Services do not constitute a “consumer report,” as defined by FCRA. Checkever.com’s products and Services may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following: Credit and/or loans, employment, education, housing or other accommodations, or benefits or services provided by any business establishment.

    Additionally, Checkever.com’s products and Services may not be used for any of the following purposes:
    • To physically or emotionally injure or harm any person or entity (e.g. stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity).
    • To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual.
    • To use Checkever.com’s products and Services or information derived from Checkever.com’s products and Services in combination with any purpose or personal information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver’s Privacy Protection Act, the Children’s Online Privacy Protection Act (COPPA), and/or all similar laws on the state level.
    • To seek information about, locate, or harm individuals under the age of 18 years.
    • To obtain personal information pertaining to famous people, government officials, or election candidates.
    • In connection with credit repair or credit counseling services.
    • For marketing purposes or for commercial credit origination.
    • To use or otherwise export or re-export Content in violation of the export control laws and regulations of the user’s country of residence and use.
  • Neither this Agreement nor the license granted to you may be assigned, transferred, or sublicensed by you, in whole or in part.
  • Checkever.com’s products and Services may only be accessed from within the United States.
  • You must not share your username and/or password. Checkever.com’s products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.
  • You will not access, retrieve any data from, or otherwise perform any other activities on or through Checkever.com’s Websites or Mobile Apps using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders).
  • Checkever.com and its third party information providers do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of Checkever.com’s products and Services. Checkever.com and its third party information providers shall not be liable for, and you agree not to sue for, any claim relating to Checkever.com's procuring, compiling, collecting, interpreting, reporting, communicating, or delivering Checkever.com’s products and Services.
  • Checkever.com may audit your use of Checkever.com’s products and Services. You agree to cooperate and to provide Checkever.com all documentation reasonably requested relating to your account.
  • Checkever.com’s and its third party information providers’ entire liability to you is limited to direct damages not exceeding the fee paid by you for the Checkever.com’s products and Services obtained or the cap on damages provided in this Agreement, whichever is lower. Checkever.com and its third party information providers shall not be liable for any other damages, costs or expenses whatsoever.
  • Third party information providers shall have the same rights to indemnification that Checkever.com does, which shall be no less than the following standard: You agrees to indemnify, defend and hold Checkever.com, its officers, directors, employees, agents, licensors, suppliers and any of Checkever.com’s third party information providers (“Indemnified Parties”) harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or arising from or related to any postings uploaded or submitted by you.
  • The provisions of this Agreement relating to disclaimer of quality of Content, limitations on liability, and indemnification are for the benefit of Checkever.com and the Indemnified Parties. Each of Checkever.com and the Indemnified Parties shall have the right to assert and enforce those provisions directly against you on their or its own respective behalf.
  • The terms in this Agreement relating to disclaimer of warranties, access and use of Checkever.com’s products and Services, audit, limitation of liability, indemnification, You’s release of claims, and payment for Checkever.com’s products and Services shall survive any termination of this Agreement.
  • You agree that any breach by you of your agreements with Checkever.com would cause Checkever.com and the Indemnified Parties irreparable harm and that, in addition to money damages, Checkever.com and the Indemnified Parties shall be entitled to injunctive relief, without having to post a bond.
  • You will not use Checkever.com’s products and Services for the purposes prohibited in this Agreement. Any misuse of Checkever.com’s products and Services will be the basis for immediate suspension of services, termination of your account or membership, and/or legal action.
  • You must accept this Agreement and agree to amend or resubmit this Agreement if information supplied by you changes.

Changes to Terms and Privacy Policy

Internet technology and the applicable laws, rules, and regulations change frequently. Checkever.com reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing Service. Unless Checkever.com obtains your express consent, any revised Privacy Policy will apply only to information collected by Checkever.com after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

License

Subject to your compliance with these Terms of Service, Checkever.com grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the Checkever.com websites (located at the following URLs: Checkever.com), and to use the Service. No part of the Service, including the Website, may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Checkever.com. All rights not expressly granted in this Agreement are reserved by Checkever.com. Without limitation, this Agreement grants you no rights to the intellectual property of Checkever.com or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Checkever.com, you have breached any provision of this Agreement.

No Reliance on Third Party Content

Opinions, advice, statements, or other information made available through the Service by third parties (including, without limitation, all information in any report obtained through the Service) are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Checkever.com does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Checkever.com be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.

Assumption of Risk; Release

You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Checkever.com and its stockholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the "Company Parties") from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Service.

Consent to Receive Electronic Communications from Company

By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Checkever.com, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at contact center. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.

Third Party Websites

The Service may be linked with the websites of third parties ("Third Party Websites"), some of whom may have established relationships with Checkever.com and some of whom may not. Checkever.com does not have control over the content and performance of Third Party Websites. Checkever.com has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Checkever.com does not represent, warrant, or endorse any Third Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Checkever.com disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third Party Websites.

Prohibited Conduct

In addition to the prohibitions outlined in Section 4, which specifically address prohibited records searches, Checkever.com imposes certain restrictions on your use of the Service. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Checkever.com or any other person in connection with the Service; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Service; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Checkever.com, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Service by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Service (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Service, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company Parties in providing the Service, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Service to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Service.

Intellectual Property

You represent and warrant that, when using the Service, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Trademarks
Checkever.com and the Checkever.com logo (collectively, the "Company Marks") are trademarks or registered trademarks of Checkever.com. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third parties. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Company Marks generated as a result of your use of the Service will inure to the benefit of Checkever.com, and you agree to assign, and do assign, all such goodwill to Checkever.com. You shall not at any time, nor shall you assist others to, challenge Checkever.com's right, title, or interest in, or the validity of, the Company Marks.

Copyrights
All content and other materials available through the Service, including without limitation the Checkever.com logo, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by Checkever.com or are the property of Checkever.com's licensors and suppliers. Except as explicitly provided, neither your use of the Service nor this Agreement grant you any right, title, or interest in any such materials.

Disclaimers, Limitation of Liability

No Warranties
Checkever.com, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Service, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Checkever.com nor its licensors or suppliers warrants that the Service will meet your requirements, or that the operation of the Service will be uninterrupted or error-free. Checkever.com disclaims all implied liability for damages arising out of the furnishing of the Service pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Service, whether caused by acts of commission or omission, or any other damage occurring. Checkever.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Checkever.com, Company Parties, or Checkever.com users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.
You agree that your use of the Service is at your sole risk. You will not hold Checkever.com or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Service, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability
In no event shall Checkever.com or its licensors or suppliers be liable to you for any claims arising from your use with the Service, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Checkever.com or its licensors and suppliers arising out of or in connection with your use of the Service. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Checkever.com and you. The Service would not be provided without such limitations.

Application of Disclaimers
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Checkever.com or between you and any of Checkever.com's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Checkever.com's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

Indemnification

Without limiting any indemnification provision of this Agreement, you (the "Indemnitor") agree to defend, indemnify, and hold harmless Checkever.com and the Company Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim", and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Checkever.com, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Checkever.com, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Service; (iv) your provision to Checkever.com or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Sections 4 and Sections 13 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

Dispute Resolution

Binding Arbitration
If you and Checkever.com cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

Restrictions Against Joinder of Claims
You and Checkever.com agree that any arbitration shall be limited to each Claim individually. You and Checkever.com agree that each may only bring claims against the other in your or Checkever.com's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude you or Checkever.com from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Checkever.com from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in Luxembourg.

Venue for any Judicial Proceeding
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Luxembourg, and shall be governed by and construed in accordance with the laws of Luxembourg without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

Termination

By Company
Without limiting any other provision of this Agreement, Checkever.com reserves the right to, in Checkever.com's sole discretion and without notice or liability, deny use of the Service to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Checkever.com.

By You
You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Checkever.com notice of your intention to do so.

Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Service. Upon termination, Checkever.com may, but has no obligation to, in Checkever.com's sole discretion, rescind any services and/or delete from Checkever.com's systems all your Personal Information and any other files or information that you made available to Checkever.com or that otherwise relate to your use of the Service. Upon termination, you shall cease any use of the Service.

After termination, Checkever.com reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that the following Sections will survive any termination of this Agreement: Sections 1-4, 7-9, and 11-20.

Notices

All notices required or permitted to be given under this Agreement must be in writing. Checkever.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Checkever.com. You agree that any notice received from Checkever.com electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Checkever.com is accurate and current, and notice to you shall be deemed effective upon the sending by Checkever.com of an email to that address. You shall give any notice to Checkever.com by submitting said notice to us through our contact page.

General

Entire Agreement
This Agreement constitutes the entire agreement between Checkever.com and you concerning your use of the Service.

Partial Invalidity
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments
This Agreement may only be modified by a written amendment signed by an authorized executive of Checkever.com, or by the unilateral amendment of this Agreement by Checkever.com along with the posting by Checkever.com of that amended version.

No Waiver
A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment
This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Checkever.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors
You and Checkever.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third Party Beneficiaries
There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Checkever.com's licensors and suppliers (to the extent expressly stated in this Agreement).

Injunctive Relief
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Checkever.com and Checkever.com's licensors and suppliers, and would therefore entitle Checkever.com or Checkever.com's licensors or suppliers, as the case may be, to injunctive relief.

Headings
The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.

If you have questions about this Policy or want to contact us, please use our contact center