ValidCheck is pleased to give you a limited, revocable, non-assignable and non-exclusive license to use the software provided to you by ValidCheck as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable law prohibits those restrictions or you have our written permission.
2. Acceptance of Terms
The Services are provided by ValidCheck, LLC. By using the Services through our Website, you agree to comply with and be bound by the following Terms. Please read them carefully and save a copy for your records. If you do not agree to these Terms, you may not use this website and should exit now. ValidCheck reserves the right to change this website and these Terms at any time without notice to you by posting such changes to this website.
To be eligible to use ValidCheck, you must be at least 18 years old and located in the United States of America. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. ValidCheck may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. Scope of Terms
As used herein, “ValidCheck”, “Company”, “we”, “us”, “our” refers to ValidCheck, LLC and its affiliates, representatives and service providers. “You” or “your” refers to the person using the Services, whether as a Sender or Receiver, individually or on behalf of any business entity you are representing, if any. “eCheck” refers to a check payment initiated by a Sender and electronically delivered to a designated Receiver for printing and deposit. “eCheck Account” means an eCheck Sender Account or an eCheck Receiver Account. “Bank” means the banking institution holding a Senders enrolled Checking Account(s). “Checking Account” means any U.S.-based checking account designated and owned by the Sender or the business entity Sender is representing that has been verified by us. The terms “Sender” and “Receiver” have the meanings set forth in Section 5 below.
These Terms govern the availability and use of the Services. The Services are offered only to residents of the United States who can form legally binding contracts under applicable law. Your use of the Services is governed by the Terms contained herein and the following, which are considered part of these Terms: (i) any other terms, conditions or instructions appearing or presented on a screen when enrolling for, accessing, or using any of the Services; (ii) our rules, procedures and policies, as amended from time to time, that apply to any of the Services; and (iii) state and federal laws and regulations, as applicable. Each Checking Account a Sender enrolls in connection with the Services will also continue to be subject to any other terms and conditions provided by Senders Bank, and Sender agrees to be bound by and comply with such other terms and conditions.
UNLESS OTHERWISE SPECIFIED, THESE TERMS SHALL APPLY WHETHER YOU ARE USING THE SERVICES AS A SENDER OR RECEIVER.
4. Use of the Services
Your enrollment in, or use of the Services may not be fulfilled if we cannot verify your identity or other necessary information.
You may use the Services only in accordance with these Terms and as permitted by law, including applicable export and re-export control laws and regulations.
It is your responsibility to determine what, if any, taxes apply to eChecks you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your eChecks or for collecting, reporting or remitting any taxes arising from your eChecks.
If you are using the Services on behalf of a business, you represent that you are authorized to bind the business on its behalf, and that the business accepts and agrees to be bound by these Terms.
Sender: Applicable fees for using the Services to send eChecks will be disclosed to you when you enroll for the Services as a Sender. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES WILL BE CHARGED REGARDLESS OF WHETHER THE PAYMENT INSTRUCTION IS COMPLETED, UNLESS THE FAILURE TO COMPLETE THE INSTRUCTION IS SOLELY DUE TO OUR FAULT, except for fees that are specifically use-based. There may be a charge for additional transactions and other optional services. Sender agrees to pay such charges via an eCheck made payable to us pursuant to our instructions. Any fees associated with Sender’s Checking Accounts will continue to apply. Sender is responsible for any and all telephone access fees and/or Internet service fees that may be assessed by Sender’s telephone and/or Internet service provider while using the Service.
Receiver: ValidCheck does not currently assess any fees to Receivers of eChecks who utilize the standard eCheck print option. However, if we make available and a Receiver elects to use an alternative funding option to receive payment on an eCheck, fees may apply depending on which funding option the Receiver selects. Such fees will be disclosed at the time such alternative funding option, if any, is presented to the Receiver. Receiver is responsible for any and all telephone access fees and/or Internet service fees that may be assessed by Receivers telephone and/or Internet service provider while using the Service.
6. Terms Applicable to eCheck Senders
The following terms apply if you use the Service to send a payment via eCheck (a “Sender”):
You may use the Services to send eChecks to Receivers, as permitted by normal operation of the Website, to be drawn against your eligible Checking Accounts. eChecks must be drawn on financial institutions located in the United States and must be payable in U.S. Dollars to Receivers in the United States. To send an eCheck, you will need to provide the Receivers name and email address. You agree that you are responsible for complying with all applicable laws related to your use of the Services, regardless of the purpose of the use. Our Service may be used by both consumers and businesses.
You will need an eCheck Sender Account to create and send eChecks using the Services. You will be asked to create an eCheck Sender Account as part of your enrollment for the Services as a Sender. An “eCheck Sender Account” is a notional account maintained for recordkeeping purposes only and cannot be used to store or maintain any funds. The eCheck Sender Account allows Senders to send eChecks, void eChecks, view and export eCheck remittance information, and review the status and history of their eChecks. You may create your own eCheck Sender Account, or it may be assigned to you by an Administrator acting on behalf of a Sender. If you are using a eCheck Sender Account assigned to you by an Administrator, your Administrator may be able to access or disable your eCheck Sender Account.
When you initiate an eCheck as part of your use of the Services, you are also inherently granting all rights and licenses necessary for the Receiver (or its designated representative) to act as your agent for purposes of continuing the processing of the initiated eCheck and for the Receiver (or its designated representative) to print a physical representation of the eCheck (i.e., a paper check) on your behalf.
You understand and agree that each initiated eCheck is registered with a fraud prevention component of the Services. This fraud prevention component allows any party with an internet connection to verify data on the initiated eCheck. ValidCheck does not publish any information about your eCheck, only whether data supplied by a verifying party pertains to an eCheck registered with us.
You may request to void an eCheck through the Website provided the eCheck has not already been retrieved by the Receiver. Although we will make every effort to accommodate a void request, we will have no liability for failing to do so. We may not have a reasonable opportunity to act on any void request prior to the eCheck being retrieved. To stop payment on an eCheck that has already been retrieved by the Receiver, you must either contact the Receiver of the eCheck directly and request that they return or destroy all representations of the initiated eCheck in their possession, or, to the extent that the Receiver has already presented the eCheck to a banking institution for settlement, you should institute a standard stop payment order with your Bank. You should also contact us by telephone so that we can attempt to designate all attempts to verify this eCheck as invalid. You are responsible for all charges from your Bank connected with initiated eChecks or attempts to stop payment on an eCheck.
You should check your transaction history for your Checking Accounts and eCheck Sender Accounts regularly. If your transaction history shows an eCheck that you did not authorize, you must tell us and your Bank at once. Except as otherwise described in these Terms, we are not liable for any damages or loss arising from someone accessing your eCheck Sender Account or Checking Accounts through the Services without your permission.
In using the Services, you are initiating a check-based payment from your Checking Account. Before making a payment, you must ensure sufficient funds are available in your Checking Account. If we are unable to complete an initiated eCheck for any reason associated with your designated Checking Account (for example, there are insufficient funds in your Checking Account to cover the eCheck), the eCheck may not be processed. You are responsible for all returned item charges, overdraft charges and other bank fees imposed by the Bank holding your Checking Accounts associated with any eChecks initiated on your behalf using our Services.
The eChecks you initiate are dependent upon several things, including the accuracy of your Checking Account information and the accuracy of the Receiver information. You must ensure that the payment details you enter for each eCheck are correct and complete. We will not be responsible for any errors in the information that you provide to us. You are solely responsible for the accuracy of the information you provide in connection with eChecks you initiate with the Services.
We reserve the right to refuse to initiate any eCheck that you may request using the Services for any reason, at our sole discretion. We will notify you promptly if we decide to refuse to continue initiation of an eCheck through the Services. This notification is not required if you attempt to make a prohibited transfer under these Terms.
You represent and warrant that: (1) no intended recipients of eChecks initiated by you are or will be located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; (2) your intended recipients of eChecks initiated by you are not listed on any U.S. Government list of prohibited or restricted parties; (3) you own all right, title and interest in and to, or have permission to use, all trademarks, service marks or logos or other intellectual property or proprietary rights that you may upload as part of your use of the Service; and (4) your use of the Service will not damage or disrupt any application or service provided under these Terms, including but not limited to: the introduction of any viruses, Trojans, time-bombs, spyware and other devices.
If you are using our Services on behalf of a business entity, the individual that enrolls initially for our Services on behalf of the business entity (“Administrator”) will have administrative authority to designate other authorized users to access the Services on behalf of the business entity (each an “Authorized User”). For each Authorized User, the Administrator may assign access privileges transactional or inquiry only – for each Checking Account associated with the eCheck Sender Account established by the Administrator. If an Authorized User is provided transactional authority to initiate eCheck transactions, we shall be authorized to act upon and shall not be liable for any such transaction instructions. The Administrator may add or delete Authorized Users of the Services or modify access privileges for Authorized Users at any time through the Administrators eCheck Sender Account. Such requests will not take effect until we have had a reasonable period of time to act upon such requests. If you permit another person to access the Services, we will treat this as if you have authorized such use, and you will be liable for all transactions and fees incurred by such use.
ValidCheck offers Senders access to plugins for QuickBooks (together with QuickBooks, “Accounting Software”), which allow Senders to automatically add eCheck transaction information into their Accounting Software. Use of any such plugin shall be subject to any additional terms presented to you at the time you request to download such plugin.
7. Terms Applicable to eCheck Receivers
The following terms apply if you use the Services to receive a payment via eCheck (a “Receiver”).
As a Receiver of an eCheck, you agree that you will print the eCheck in conformance with any check printing instructions we provide to you. We recommend printing your eCheck in black or white ink using a standard laser copier and white laser paper.
You agree to present the eCheck only once for payment. You agree and acknowledge that multiple presentments of an eCheck constitutes fraud and you agree to refrain from any such activity. You agree to not alter or conceal any portion of the eCheck item you receive, including any comments, coding, instructions or disclaimers accompanying your eCheck. These instructions can include, but are not limited to, a disclaimer regarding your authorization as the Receiver to act as the Senders agent for purposes of printing any physical representation of the eCheck.
8. Usernames and Passwords
You are responsible for maintaining the confidentiality of your username and password for your eCheck Account. It is advisable to change your password regularly (by following the instructions on our Website) in order to reduce the risk of a security breach. We cannot and will not be held responsible for the use, misuse, or disclosure by you to others of your username, password or eCheck Account.
You must immediately tell us if you discover your user name, password or other means to access your eCheck Account has been lost or stolen so that we can disable your eCheck Account. If you learn of any unauthorized use of your username, password or eCheck Account, change the password on your eCheck Account and contact us immediately at the phone number above. You agree that it is your sole responsibility to ensure that the contact information in your eCheck Account is current and accurate at all times. This includes, but is not limited to, name, address, phone numbers, checking account information and email addresses. Changes can be made either within our Website or by contacting us at the phone number above. All changes made are effective immediately. We are not responsible for any transfer processing errors or fees incurred if you do not provide accurate bank account or contact information.
9. Third Party Products & Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party products and websites, you do so at your own risk. These other products and websites are not under ValidCheck’s control, and you acknowledge that ValidCheck is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ValidCheck or any association with its operators. You further acknowledge and agree that ValidCheck 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 use of or reliance on any content, goods or services available on or through any such third-party website or resource.
10. Disclaimer of Warranties.
YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED.
11. Limitation of Liability.
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THIS SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF VALIDCHECK HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
12. Indemnification and Release
You agree to defend, indemnify and hold harmless ValidCheck, its affiliates and related entities, and their respective officers, directors, agents, employees, representatives, and contractors from and against any and all claims, actions, suites, proceedings losses, liabilities, damages, costs and expenses, including attorneys’ fees, arising out of your breach of these Terms and/or your use of the Service.
If you have a dispute with one or more other users of the Services or your Bank, you release us and our affiliates and service providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
14. Intellectual Property
Using the Services does not give you ownership of any intellectual property rights in the Services. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use in any way any of our trademarks, trade dress, branding, images, graphics, copyrights or logos used in the Services. Do not remove, obscure, or alter any legal notices displayed in or along with the Services.
All marks and logos related to ValidCheck, and the Services, are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, and scripts are our service marks, trademarks, and/or trade dress, and some information on this site may be our protected copyrights. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging to us or the Services or display them in any manner that implies our sponsorship or endorsement.
All rights, title and interest in and to the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Services shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
ValidCheck gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ValidCheck as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable law prohibits those restrictions or you have our written permission.
15. Prohibited Transactions
You are prohibited from using the Services for activities that: (a) violate any law, statute, ordinance or regulation or these Terms; (b) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy under the laws of any jurisdiction; (c) facilitate any viruses, Trojan horses, worms or other computer programming routines or malicious software that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (d) use any robot, spider, other automatic device, or manual process to monitor or copy the Services; (e) constitute use of any device, software or routine to bypass technology protecting the Services, or interfere or attempt to interfere, with the Services; or (f) may cause us or our service providers to lose any of the services from our Internet service providers, payment processors, or other vendors.
In no event shall we or our service providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Services or these Terms. We and our service providers reserve the right to monitor and remove any comments you post or submit through the Services, in our discretion.
You also acknowledge that the Services may be subject to U.S. and foreign laws and regulations governing the export of software by physical or electronic means. You agree to comply with all applicable US and foreign laws and any destination restrictions imposed by U.S. and foreign governments.
16. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services will cease. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions we take. Relevant provisions of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
17. Governing Law
ValidCheck controls and governs this site from its headquarters in the State of Arizona. Any disputes arising out of or relating to these Terms or the Services shall be construed in accordance with and governed by the laws of the State of Arizona, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Maricopa County, Arizona, and you and ValidCheck consent to personal jurisdiction in those courts.
18. How We Communicate; Notices
If you provide us with your mobile phone number, you expressly agree that you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this number to contact you for any business purpose about the Services and you agree to be responsible for any fees or charges you incur as a result of providing this information. You agree that we may contact you from time to time regarding the Services in any manner we choose unless applicable law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, and by using an automated dialer device. We may monitor or record any conversation or other communication with you.
You agree that we may provide notice to you by posting it on the Website, sending you an in-product message within the Services, emailing it to an email address that you have provided us, or by mailing it to any postal address that you have provided us. All notices provided by us shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed.
No person other than you shall have any rights under these Terms. This Agreement and all the terms and provisions herein shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. This Agreement shall not be construed to confer any rights or remedies upon any person not a party to this Agreement, whether as a third-party beneficiary or otherwise. You may not transfer or assign any rights or obligations you have under this agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this agreement or any right or obligation under this agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under these Terms to independent contractors or other third parties. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
If there is a conflict between these Terms and any other supplemental terms provided to you or displayed on the Website, the supplemental terms will control with respect to any Services specifically described in such terms.
ValidCheck shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
20. Contacting ValidCheck
If you have questions about our eChecks service, you may contact us at:
Telephone: 888-888-ECHECKS (3243)
8388 E Hartford Dr., STE 100 Scottsdale, AZ 85255
You should contact us immediately at the telephone number above if you become aware of any unauthorized or incorrect eCheck transaction