Check Management Solutions

Terms of Use

GENERAL TERMS AND CONDITIONS FOR USE OF CHECK MANAGEMENT SOLUTIONS

Effective September 1, 2004

The following terms and conditions govern your use of Check Management Solutions services, including text and other intellectual property as provided by the ResolverGroup, LLC, (“ResolverGroup” or the “provider”) and the content management and publishing systems developed and owned by Ingeniux Corporation (“Ingeniux”) (all referenced herein as the “Online Services”).  A user of the Online Services is referred to herein as “you,” “your” or “USER.”  Your use as a visitor to the Online Services or a Subscriber to the Online Services constitutes acceptance of these General Terms and Conditions. 

1. LICENSE; RESTRICTIONS ON USE

1.1 You are granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Online Services as made available to you. This license includes:

(a) The right to electronically display the Online Services as permitted under the terms of your agreement with ResolverGroup, and

(b) The right to obtain a printout of Online Services via printing commands on your computer;

1.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services (in both print and machine-readable forms) belong to the provider of the Online Services. You acquire no proprietary interest in the Online Services or copies thereof.

1.3 Except as specifically provided herein, you may not use the Online Services in any fashion that infringes the copyrights or proprietary interests therein.

1.4 You may not remove or obscure the copyright notice or other notices contained in the Online Services.

2. ACCESS TO SERVICES

2.1 Only individuals authorized by the ResolverGroup may access and use the Online Services.

2.2 Online Services may add to or withdraw features or otherwise make changes without notice.

2.3 Online Services contains valuable intellectual property exclusively owned by the ResolverGroup and Ingeniux provided for your business use. No proprietary rights are transferred to you in the Online Services or in any information therein. While you may utilize limited excerpts from the Online Services in the ordinary course of business, you may not externally copy in any manner to redistribute or disseminate the Online Services. Except as may be expressly permitted by ResolverGroup, you may not: (i) republish, broadcast or distribute the Online Services over any internal network, or (ii) reproduce information contained in the Online Services, except that individual end-users may make a printout of limited portions of the Online Services on an ad hoc basis for business use, provided they do not constitute a substantial portion of the Online Services. You are prohibited from using the Online Services for subsequent commercial purposes such as resale or preparing databases of such material. In the event you misappropriate or misuse of the Online Services, ResolverGroup, shall be entitled to obtain injunctive and other relief.

3. LIMITED WARRANTY

3.1 The provider of the Online Services represents and warrants that it has the right and authority to make the Online Services available.

3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 3.1 OR IN A WRITTEN CONTRACT BETWEEN YOU AND THE PROVIDER, THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY

4.1 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof, (c) your use of the Online Services (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Online Services, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.

4.2 "Covered Party" means the provider of the Online Services, its affiliates, and any officer, director, manager, employee, subcontractor, agent, successor, or assign of the provider of the Online Services or its affiliates; and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier or any of their affiliates.

4.3 THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES SHALL NOT EXCEED THE AMOUNT OF YOUR ANNUAL SUBSCRIPTION, IF ANY, TO ONLINE SERVICES AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

4.4 THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.

5.  PRIVACY

5.1 General privacy policy. Online Services does not collect personally identifiable data about the User’s activities.  For example, data such as the name, address or account information contained in a letter or form created using the Online Services are not captured or cached for retention after a user terminates a use-session in any manner by Online Services. 

5.2 Data collected about Users. Online Services may collect aggregate statistical data about the user of Online Services. This may include page visits, length of stay per page, use of search box terms, and similar statistical studies.

5.3 Use of Information Collected about Users. Information collected is not made available to third parties. Information is used only to improve the Online Services.

6. MISCELLANEOUS

6.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time as described below or by written agreement. Charges and payment terms may be changed in accordance with your applicable price schedule; all other provisions may be changed by the provider of the Online Services immediately upon notice. Your subscription for access to the Online Services may be terminated immediately upon notice to the provider of the Online Services if any change is unacceptable. Continued use of the Online Services following any change constitutes acceptance of the change.

6.2 Check Management Solutions is a published work prepared by legal professionals of the ResolverGroup.  The information given is not exhaustive; furthermore, laws, regulations and administrative requirements are continually changing, and their application and impact vary with the specific facts involved. While Check Management Solutions strives to update the information provided in the Online Services, the Online Services are not intended to substitute for legal or other professional advice or services. Before making any decision or taking any action that may affect your business, you should consult qualified professional advisors who understand your particular factual situation.

6.3 The provider of Online Services may terminate the subscription for access to the Online Services. The effective date of termination shall be five days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. The provider of the Online Services may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder or any agreement with ResolverGroup.

6.4 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to the provider of the Online Services should be sent to your account representative.

6.5 The failure of the provider of the Online Services to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

6.6 The subscribing organization or individual may not assign its rights or delegate its duties under the subscription to access the Online Services without the prior written consent of the provider of the Online Services.

6.7 These General Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada.

6.8   If you have any questions regarding these General Terms and Conditions, please write to ResolverGroup at c/o David Brewer, Esq., 4180 La Jolla Village Dr., Suite 540, La Jolla, CA  92037.