These Terms are effective as of February 18, 2024.
1. INTRODUCTION
1.1 These terms and conditions (“Terms”) are a contract entered into between You (“you,” “your,” “yours”) and CheckStubMaker.com (“we,” “us,” “our,” “CheckStubMaker”). These Terms, together with our Privacy Policy, which are hereby incorporated by reference, govern your use of and access to CheckStubMaker.com (the “Website”) and functions further described in Section 3.2 below (collectively, “Software”) for the purpose of providing tools that allow managing and creating Documents (defined in Section 3.2). The terms ”you,” “your,” and ”User” refers to the person visiting the Website `or otherwise accessing or using the Software.
1.2 These Terms constitute the entire, complete, and binding agreement between you and CheckStubMaker with respect to the Website and Software.
1.3 You should also read our Privacy Policy, available through our Website, which is incorporated by reference into the Terms. If you do not wish to be bound by these Terms or by the terms of our Privacy Policy, do not access or use the Website or Software.
1.4 THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR SOFTWARE. BY USING THE WEBSITE OR SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A USER ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. You and CheckStubMaker understand and agree that:
1.4.1 You have read and understood these Terms and you accept and agree to be bound by these Terms as they appear on each respective date that you use the Website or Software.
1.4.2 You assume all the obligations set forth herein;
1.4.3 You are of sufficient legal age and capacity to use the Website and Software;
1.4.4 You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5 You use the Website and Software at your discretion and under your own responsibility.
1.5 IF YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THESE TERMS AND THE PRIVACY POLICY AND FURTHER UNDERSTAND AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY THESE TERMS AND THE PRIVACY POLICY. IN THAT EVENT, “YOU,” “YOUR,” AND “USER” WILL REFER AND APPLY TO YOU AS AN INDIVIDUAL AND THAT ENTITY OR AGENCY.
2. SUBJECT MATTER OF THE TERMS
2.1 These Terms apply between CheckStubMaker and the User using the Website and Software. The Software is made available to you via the Website, on computer or mobile device.
2.2 These Terms constitute a legally binding agreement between you and CheckStubMaker and covers the operation and provision of the Software. The Software is provided to natural persons and legal entities and is intended to create pay stubs, and other documents that we may make available from time to time. You shall not use the Software to falsify any documents, create fraudulent documents, or otherwise misrepresent any person or entity in any way.
2.3 CheckStubMaker may update or revise these Terms from time to time, with or without notice to you. Each time you access the Website or Software, you agree to be bound by the most current version of the Terms. You agree that you will review these Terms periodically. If you do not agree to the terms of these Terms or any modified version of these Terms, your sole recourse is to terminate your use of the Software and Website.
3. DOCUMENT CREATION
3.1 Prior to creating a Document (defined in Section 3.2), you are solely responsible for ensuring that the use of the Software in accordance with these Terms in your jurisdiction of residence is permitted by applicable laws. If such use is not permitted by laws, you shall not access or use the Software.
3.2 The Software permits you to create and fill in digital products including, but not limited to, a pay stub, invoice, W-2 form, or 1099 form (each, a “Document”) by doing the following:
3.2.1 Document Creation – Choose your Document template and fill in the form on the Website by providing the requested information. You must only create a Document for purposes permitted by the applicable laws of your jurisdiction. You will be given the opportunity to read the Terms and the Privacy Policy. You can retrieve the documents from the named links and take notice of them. Prior to clicking “Checkout” to continue the process, you must confirm that you accept these Terms and have acquainted yourself with our Privacy Policy. Further, you must confirm that you are not using the Website or Software for any illegal or fraudulent purpose. After providing the requested information, by clicking “Checkout” and following the payment procedures, your document is created.
3.2.2 CheckStubMaker has the right to refuse to provide you a Document at its sole and absolute discretion.
3.2.3 After creating the Document, you are prompted to complete the checkout procedure and you will be guided through different steps, including payment.
3.2.4 Connecting with a payment provider. In order to use the functions of Software you must remit payment through a third-party payment processor. You understand, acknowledge, and agree that you are entering into a separate legal relationship with the chosen payment provider and you are bound by their specific terms and conditions.
3.3 As a part of the document creation process you will be required to provide us with certain information, including, but not limited to, your email address, social security number, and location or those of your employees or associates. For more information about the data we collect, please see the Privacy Policy. You must provide accurate, current and complete information about yourself and others and all ensure that all information you provide to us is accurate, current and complete.
4. USING THE SOFTWARE
4.1 Purpose and Permitted Uses
4.1.1 You may use the Software only within the intended purpose and permitted use. You acknowledge that the purpose of the Website is to provide you with access to the Software with tools to create and manage Documents. Any use for other purposes or particular misuse of the Software, is not permitted. You agree not to use your Documents and the Software in particular in order to:
4.1.1.1 Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, fraudulent, harassing, insulting, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racist, that glorifies violence, is pornographic, unethical or otherwise prohibited or objectionable;
4.1.1.2 Impersonate any natural or legal person, or falsely state or otherwise misrepresent your affiliation with a natural or legal person;
4.1.1.3 Transmit or otherwise make available any content that you do not have a right to make available, that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.1.1.4 Engage in any activity that attempts to reverse engineer, disassemble, decompile, hack or extract any proprietary software used to maintain the Software;
4.1.1.5 Create Documents containing information you should not have access to;
4.1.1.6 Interfere with or disrupt the Software or servers or networks connected to the Software, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Software;
4.1.1.7 Falsify or misrepresent any information, including creation of fraudulent Documentation; and/or
4.1.1.8 Violate any applicable national or international rules and laws, as well as rights of third parties.
4.1.2 Failure of observing the limits of purpose and permitted use of Documentation and the Software is deemed a material breach of these Terms. CheckStubMaker shall be entitled to – without prejudice to any other rights – terminate your access to the Software and Website and your ability to create Documents. You may not use or access the Website or Software if we have terminated your access or otherwise elect not to provide you access to the Software.
4.2 Confidentiality of the Document
4.2.1 You acknowledge that your Document is personal to you, and you are obliged not to provide any other person with access to the Document or portions of it.
4.2.2 You are responsible for maintaining the confidentiality of your data and for monitoring and, if necessary, restricting access to your devices. Any email address, password, or any other information chosen by you or provided to you as a part of your creation of a Document, must be treated as confidential. You must exercise caution when creating a Document from a public or shared computer so that others are not able to view or record your information.
4.2.3 You accept responsibility for all activities that occur during your creation of a Document or from your devices in relation to the Software and your creation of a Document, including any misuse of your information. CheckStubMaker will use reasonable and industry-standard security measures to protect you from unauthorized access to information stored by us. You agree to notify us immediately of any unauthorized access to or use of your information or any other breach of security. If you fail to notify CheckStubMaker accordingly, CheckStubMaker might not be able to prevent such unauthorized access or other breach of security or take corresponding security measures.
4.2.4 You acknowledge and agree that, under no circumstances and to the extent permitted by applicable law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the unauthorized creation of Documentation or use of the Software.
5. DISCLAIMER
5.1 CHECKSTUBMAKER PROVIDES THE SOFTWARE AND SERVICES DIRECTLY RELATING TO THE OPERATION OF THE SOFTWARE. CHECKSTUBMAKER DOES NOT PROVIDE FINANCIAL, INVESTMENT, LEGAL, TAX OR ANY OTHER PROFESSIONAL ADVICE. CHECKSTUBMAKER IS NOT A BROKER, FINANCIAL ADVISOR, INVESTMENT ADVISOR, PORTFOLIO MANAGER OR TAX ADVISOR. NOTHING ON OR IN THE SOFTWARE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY OR INSTRUMENT) BY CHECKSTUBMAKER OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY CHECKSTUBMAKER. YOU ACKNOWLEDGE AND AGREE THAT CHECKSTUBMAKER IS NOT RESPONSIBLE FOR YOUR USE OF ANY INFORMATION THAT YOU OBTAIN ON THE SOFTWARE. YOUR DECISIONS MADE IN RELIANCE ON THE PRODUCTS OR SERVICES IN THE SOFTWARE OR YOUR INTERPRETATIONS OF THE DATA FOUND IN THE SOFTWARE ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY. YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK.
5.2 CHECKSTUBMAKER WILL STRIVE TO ENSURE ACCURACY OF INFORMATION LISTED ON THIS WEBSITE ALTHOUGH IT WILL NOT HOLD ANY RESPONSIBILITY FOR ANY MISSING OR WRONG INFORMA TION. NO CONTENT ON THE SOFTWARE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. CHECKSTUBMAKER EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. CONTENT ON THE SOFTWARE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF CHECKSTUBMAKER.
5.3 SOME CONTENT PROVIDED ON THE SOFTWARE IS SUBMITTED TO CHECKSTUBMAKER BY UNRELATED THIRD-PARTY PROVIDERS. OTHER CONTENT IS UPLOADED BY YOU. CHECKSTUBMAKER DOES NOT REVIEW ALL CONTENT FOR ACCURACY, DOES NOT REVIEW CONTENT FOR COMPLETENESS OR RELIABILITY, AND DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY OR ANY OTHER ASPECT OF ANY CONTENT. THE PERFORMANCE OF THE SOFTWARE IS DIRECTLY LINKED TO THE PERFORMANCE OF THE UNRELATED THIRD-PARTY SERVICES. CHECKSTUBMAKER DISCLAIMS ALL RESPONSIBILITY OF NON-PERFORMANCE OF THE SOFTWARE CAUSED BY NONPERFORMANCE OF UNRELATED THIRD-PARTY SERVICES.
5.4 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU MAY LOSE SOME OR ALL OF YOUR FUNDS. CRYPTOCURRENCIES ARE A NEW AND INSUFFICIENTLY TESTED TECHNOLOGY. IN ADDITION TO THE RISKS INCLUDED HEREIN, THERE ARE OTHER RISKS ASSOCIA TED WITH YOUR USE OF THE SOFTW ARE, AND THE CREATION OF THE DOCUMENTS PROVIDED HEREIN INCLUDING THOSE THAT CHECKSTUBMAKER CANNOT ANTICIPATE. SUCH RISKS MAY FURTHER MATERIALIZE AS UNANTICIPATED VARIATIONS OR COMBINATIONS OF THE RISKS DISCUSSED HEREIN.
5.5 Nothing in these Terms shall be construed to create a fiduciary duty owed by CheckStubMaker. These Terms are not intended to, and do not, create or impose any fiduciary duty on CheckStubMaker, its employees, agents, affiliates, assigns, subcontractors, licensors, suppliers, or any other persons or entities.
6. INTELLECTUAL PROPERTY AND THE LICENCE FOR THE USE OF THE SOFTWARE
6.1 The Software, Documents, trademarks, and other intellectual property objects displayed, distributed, or otherwise made available via the Software, is the exclusive property of CheckStubMaker, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms or if you have agreed otherwise in writing with CheckStubMaker, nothing in these Terms gives you a right to use the Documents, Software and its content, CheckStubMaker’ trademarks or other intellectual property of CheckStubMaker.
6.2 CheckStubMaker grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal or commercial use, as described in these Terms, for the period you access the Software and the functions related to the Subscription, if relevant. Any intellectual property objects (without limitation, all information, data, code, products, materials, services, software applications and tools, APIs, design elements, text, forms, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith) provided through or used to operate the Software is licensed, not sold, to you by CheckStubMaker. You acknowledge that you have no right to access the Software in source-code form. CheckStubMaker may inform you, by notice within the Software or otherwise, that the Software contains intellectual property governed by the license of a third party and you agree to abide by the terms of the Software.
6.3 Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
6.4 In order to make full use of the Software, you will need to provide some information relating to you. You acknowledge that CheckStubMaker will collect and use certain information as described in our Privacy Policy. For more information about our collection, use, disclosure and protection of your information, please read our Privacy Policy.
6.5 For all contents and data, that you insert or make available via the Software (“Content”), you grant CheckStubMaker free of charge a transferable, sublicensable, non-exclusive, irrevocable, worldwide right of use and exploitation and for the maximum term permitted under applicable law and which is unlimited in terms of content, to use these User Content for any purpose including but not limited to the purposes of:
6.5.1 Providing the Software;
6.5.2 Conducting research, develop new products and services; 6.5.3 Predictive analytics and insights;
6.5.4 Improvement and further development of the Software; and
6.5.5 Other, including commercial use (“Right of Use and Exploitation”).
6.5 The Right of Use and Exploitation covers in particular, but not exclusively, the right to amend, edit and translate, as well as to store, reproduce, disseminate, make accessible to the public, send, sell, license, disclose publicly and non-publicly and otherwise make available the Content, including, without limitation, all information, personal or otherwise, that you provide to us. By entering or making available Content via the Software or the creation of a Document, you guarantee that the Content is in accordance with these Terms, does not violate the rights of third parties and that you are entitled to grant these Rights of Use and Exploitation. You shall indemnify CheckStubMaker against all claims brought by third parties against CheckStubMaker in connection with the exercise of these Rights of Use and Exploitation.
7. PRICES, PAYMENT TERMS AND REFUNDS
7.1 All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for the Document selected by you will be the price advertised on the Website at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, and chosen payment method. You will be charged the price advertised at the time you select “Checkout” after creating a Document.
7.2 If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted on the Website may not include applicable discounts or taxes until the payment information is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
7.3 You must initiate payment for the charges related to the creation of a Document or other products or services provided through the Software when submitting the order. If you do not complete this payment to our satisfaction, we will not provide you with the final version of the Document you created.
7.4 You can use any available and the most convenient payment method currently available in the Software for all purchases. However, CheckStubMaker does not guarantee the availability of any payment method at any moment. CheckStubMaker may add, remove or suspend any payment method temporarily or permanently by its own discretion.
7.5 Any payments you make through the Software and for the Software may be subject to applicable state, federal, or other tax. You are solely responsible for payment of any applicable tax, whether local, state, federal, international, or other. CheckStubMaker will not deduct, charge, pay, or calculate any tax and is not liable for any failure of the User to pay taxes.
7.6 You understand that (i) your payment is for using the Software and/or for a license (as specified in Section 6) to use Documents, and (ii) the Documents are digital products. You agree to carefully review your order before making payment. You represent and warrant that: (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use the payment method you provide, (iii) charges incurred by you will be honored by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Website or through the Software at the time of your order.
7.7 Unless otherwise required by applicable law, we have no obligation to provide a refund or a credit. Since the Software and the Documents are intangible, there is a strict no refund policy and the Document is deemed “used” after you download the Document. You hereby agree that your purchases are non-exchangeable, non-cancellable, nonrefundable, and nonreturnable.
7.8 You understand that you are purchasing the Software from CheckStubMaker via a payment service provider (“PSP”). Unless otherwise required by law, you are obligated to contact CheckStubMaker support service for any issues related to payment transactions before contacting the PSP or financial institution.
7.9 Using the Software via the Internet may lead to incurring costs that you will have to pay to your service provider.
8. USER TERM AND TERMINATION
8.1 Upon any access or use of the Software, these Terms remain thereafter in full force and effect in respect of such access or use, as they may be updated from time to time.
8.2 You may terminate these Terms without prejudice at any time by ceasing use of and access to the Website and Software.
8.3 CheckStubMaker may terminate these Terms for your material breach of these Terms, in its sole and absolute discretion, by ceasing to permit your use of and access to the Website and Software.
8.4 CheckStubMaker may terminate these Terms for any other reason or no reason at all by ceasing to provide the Website.
8.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and CheckStubMaker have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
9. THIRD-PARTY CONTENT
9.1 Any content provided through the Software is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment or making any financial decision based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that is provided by us of the third-parties and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any content, data, information, or publications made available through the Software are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective authors or publishers and not of CheckStubMaker. Such information should not be interpreted as approval by CheckStubMaker of those content or information you may obtain from them. CheckStubMaker has no control over the content or information of these resources. CheckStubMaker disclaims any warranty or representation, either express or implied, that the information in such publications is accurate or complete.
9.2 Links to Third-Party Platforms and Information. Use of certain links on the Software will direct you to third party feeds, software, websites or mobile applications (collectively, “Third-Party Platforms”). Such Third-Party Platforms are not under the control of CheckStubMaker, and CheckStubMaker is not responsible for the contents of any such Third-Party Platforms or any link contained in such Third Party-Platform. Links to Third-Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk.
10. AVAILABILITY OF THE SOFTWARE
10.1 CheckStubMaker will attempt to ensure that the Software is always available; however, CheckStubMaker cannot give any assurance that the Software will be available at all times. The Software is provided “as is” and “as available”. You do not have any right to the Software and the functions offered being available at all times or to a specific availability being guaranteed by CheckStubMaker. CheckStubMaker is not obliged to ensure that the Software can be accessed at all times without any interruptions or faults, and does not assume any liability for this.
10.2 You may access and use the Software through a mobile device and computer. As the Software is provided over the Internet and mobile networks, the quality and availability of the Software may be affected by factors outside our reasonable control. Not all of the Software’s functions are available on the mobile device. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.
10.3 CheckStubMaker has the right to implement changes to the Documents, Website, Software and its functions.
10.4 CheckStubMaker may suspend or interrupt the provision of the Software, either entirely or partly, and without any liability to the User.
11. WARRANTY DISCLAIMER
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. CHECKSTUBMAKER, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR- FREE, UNINTERRUPTED, THA T DEFECTS WILL BE CORRECTED, THA T OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND OUR SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE SOFTWARE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF THE SOFTWARE AT ANY TIME.
11.2 CHECKSTUBMAKER PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THAT (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; (III) THE RESULTS OBTAINED FROM USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; OR (IV) THAT ANY KNOWN AND STILL NOT DETECTED DEFECTS WILL BE CORRECTED.
11.3 WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CheckStubMaker, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF- SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SOFTWARE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.
11.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. LIMITATION OF LIABILITY
12.1 CheckStubMaker does not make any warranties or representations other than those explicitly mentioned in these Terms. The Software has not been developed to meet your individual needs.
12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHECKSTUBMAKER AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
12.3 OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE SUBSCRIPTION PRICES PAID BY YOU TO US OVER THE 12 (TWELVE) MONTH PERIOD PRECEDING TO THE CLAIM BY YOU.
13. INDEMNIFICATION
13.1 To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CheckStubMaker, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of or access to the Website and Software, including, but not limited to, your content, submissions, personal information provided by you, Third Party Platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms.
14. SUPPORT AND REPORTING
14.1 We only provide support services for the operation of the Software. Should you become aware of misuse of the Software including libelous or defamatory conduct, you must report it to CheckStubMaker. We recommend contacting us for assistance if you experience any issues regarding the Software by emailing [email protected].
15. ARBITRATION AND DISPUTE RESOLUTION
15.1 At least 30 days prior to initiating an arbitration, you and CheckStubMaker each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to us by emailing it to [email protected]. CheckStubMaker will send its notice of dispute to the email address you have provided to us. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
15.2 You and CheckStubMaker mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Website, Software, Documents, or any information provided on, in, or through the Website, Software, or Documents, (collectively, “Disputes”) will be settled by binding individual arbitration. If there is a dispute about whether this Section 15 can be enforced or applies to our Dispute, you and CheckStubMaker agree that the arbitrator will decide that issue.
15.3 Any Dispute must be commenced within one hundred and twenty (120) days after the cause of action accrues. Otherwise, such claim or cause of action is waived and permanently. In the event of a Dispute we will supply your information to you in accordance with the Privacy Policy. Notwithstanding anything to the contrary in this Section 15.3, if the Dispute is related to a chargeback, you shall commence the claim in accordance with the rules of your financial institution.
15.4 This Section 15 evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
15.5 Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
15.6 The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
15.7 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND CHECKSTUBMAKER, ITS OFFICERS, DIRECTORS, OR EMPLOYEES, ACTING IN THEIR CAPACITY AS SUCH OFFICER, DIRECTOR, OR EMPLOYEE.
15.8 If we change this Section 15 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and CheckStubMaker (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and CheckStubMaker.
16. GENERAL
16.1 These Terms, including the Privacy Policy and any other document incorporated by reference in these Terms, constitute the entire agreement between you and CheckStubMaker relating to your use and our provision of the Software.
16.2 The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
16.3 If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
16.4 The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
16.5 These Terms and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with the State of California, without regards to its conflicts of laws provisions.
16.6 You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16.7 CheckStubMaker may transfer its rights and obligations under these Terms to a third party.
17. NOTICES
17.1 We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
17.2 To give us notice under these Terms, you must contact us by email at [email protected].
17.3 To request the consent of CheckStubMaker for any of the actions for which such consent is required under these Terms, please send an email to [email protected]. CheckStubMaker reserves the right to refuse any such requests in its sole discretion.