Terms of Use

Welcome. Your access to and use of the Check Writer mobile application (“App”) is subject to the following terms and conditions of use (“Terms of Use”) and all applicable laws. Please read these terms carefully as they constitute a legally binding contract. These Terms of Use apply exclusively to your access to, and use of, this App, and associated services and do not alter in any way the terms or conditions of any other agreements you may have with Check Writer or DigitalDashSoft LLC. These Terms of Use may be changed by Check Writer at any time, in its sole discretion, by posting the changes made to these Terms of Use, as revised, within the App. The posted change will take effect within thirty (30) days of publication of changes, unless you expressly accept the revised Terms of Use earlier. You agree that the express acceptance by you, or your continued use of the Check Writer App after the posted changes, shall constitute your acceptance of the Terms of Use. 1. Use of the Check Writer Service 1.1 If you do not agree to these Terms of Use, our Privacy Policy, or any other policy governing your access to or use of the App you should immediately terminate your access to or use of the App. If you have any questions regarding these terms or your access to or use of this App, please contact us using the contact form on www.digital-soft.org. 1.2 Subject to your compliance with these terms, and your payment of any applicable service fees, we grant you a limited, nonexclusive, non-transferable, revocable right to use the Check Writer Service (the “Service”). You agree not to use the Service in any way contrary to these terms, the state or federal laws of the United States, or any other applicable laws or regulations. Check Writer reserves the right to restrict access to the Service, and/or terminate existing access, based on geographic location and/or violations of the provisions herein. 1.3 Check Writer is an application that allows you to print a check from your home or business. You simply input the required check information, including address, bank, bank account number, routing number, check number, date, amount, payee’s name, and memo field. Then, connect to a printer, and print your check. 1.4. To be eligible to use Check Writer you must possess an open checking account at a licensed financial institution, be at least 18 years of age, and be a resident of a jurisdiction that permits the use of the Check Writer app. It is your obligation to confirm compliance with applicable laws and regulations prior to use. 1.5 You shall use the Check Writer Service solely for legal transactions and to settle otherwise legal, public or private debts. You shall not use Check Writer or its Services to launder money, purchase counterfeit goods, narcotics or other illegal substances, services which are illegal under any local, state, or federal law, sexual services, or otherwise engage in financial activities that circumvent or attempt to circumvent local, state, federal, or international law. Finally, you shall only use the Service to print checks corresponding to an account on which you are listed as the account owner. 2. Privacy We respect the privacy of our visitors and encourage you to read our Privacy Policy so that you may make an informed decision about using our App.. 3. Copyright Unless otherwise indicated, all App materials, including, without limitation, text, the Check Writer name and logo, and all designs, text graphics, other files, and the selection and arrangement thereof, are the proprietary and copyrighted property of Check Writer or its licensors. You may electronically copy and print to hard copy portions of this App for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, distribution, republication, display or performance – without the prior written permission of Check Writer – is strictly prohibited. 4. Trademarks and Infringement Check Writer, the Check Writer logo, the Check Writer App, and any proprietary product or service names contained on this App are either trademarks or registered trademarks of Check Writer or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Check Writer. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Check Writer, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Check Writer. All other trademarks, registered trademarks, product names, and company names or logos mentioned herein are the property of their respective owners. 5. Disclaimer 5.1 Check Writer does not guarantee that a check printed using its Service will be accepted by any bank or other financial institution. Furthermore, Check Writer is not responsible for any dispute between a user, payer, payee, and/or bank or financial institution. Check Writer encourages all users to inquire with their bank or financial institution of choice to determine if checks printed utilizing the Check Writer Service will be deemed acceptable. 5.2 Check Writer’s Service does not include security check printing paper and magnetic ink and access to such materials is the sole responsibility of the user. Check Writer will not be responsible for any incidental, consequential, or any other damages arising from checks, printed via its Service, that are subsequently altered, damaged, rendered void, or otherwise not acceptable. 5.3 All checks, by their very nature, contain sensitive information. Check Writer customers should always protect their paper checks from being seen by others. Check Writer is not responsible for any losses stemming from a user’s failure to adequately protect his or her printed checks. 5.4 Neither Check Writer, nor DigitalDashSoft LLC is a bank or chartered depository institution. A check printed via the Check Writer Service is merely a written order to a bank or financial institution to pay a stated sum from your, the drawer\'s, account. As with any other check, the drawer’s account must contain at least a sum equal to that which is printed, for the check to be a valid financial instrument. Check Writer is not responsible for any check that “bounces” or is otherwise deemed void, or worthless as a result of problems or insufficient funds in the user’s or drawer’s account. 5.5 THIS APP, AND THE MATERIALS THEREON ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHECK WRITER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CHECK WRITER DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THE APP, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT CHECK WRITER OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. CHECK WRITER DOES NOT REPRESENT OR WARRANT THAT THIS APP, OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHECK WRITER EXPRESSLY DISCLAIMS THAT ANY BINDING AGREEMENT EXISTS FOR CHECK WRITER TO CONTINUE TO HOST USER INFORMATION IN PERPETUITY OR FOR ANY FIXED PERIOD OF TIME. Check Writer reserves the right to change any and all content contained on the App at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Check Writer. 6. Limitation of Liability IN NO EVENT SHALL CHECK WRITER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE APP, SERVICE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE APP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CHECK WRITER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, PECUNIARY LOSS, OVERDRAWN FINANCIAL ACCOUNTS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHECK WRITER’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHECK WRITER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE CHECK WRITER APP, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CHECK WRITER FOR ACCESS TO OR USE OF THE APP OR SERVICE. 7. Prohibited Access You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Check Writer site - unless expressly permitted by Check Writer. 8. Notice You agree that Check Writer may provide notice to you through the App’s interface. Such notice will be considered to be received by you within 24 hours of the time it is posted within our App. Notices to Check Writer must be sent via email using the contact form on www.digital-soft.org. 9. Taxes It is your responsibility to determine what, if any, taxes apply to payments you make or receive using the Check Writer Services. Check Writer is not responsible for determining whether taxes apply to your transaction or for collecting, reporting, or remitting any taxes arising from any transaction. 10. Severability and Non-Waiver If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Check Writer to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of Check Writer’ right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. 11. Force Majeure Check Writer will not be liable for any delay in Service resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, strikes, fires, earthquakes, floods or other disasters, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages, power failures, or server downtime. 12. Merger These Terms of Use constitute the complete Terms of Use between the user and Check Writer concerning the use of this App, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in these Terms of Use. 13. Applicable Law 13.1 The laws of the State of Michigan will govern and construe these Terms of Use without giving effect to any conflict of laws provision to the contrary. By use of this App, you irrevocably consent for any reason and all disputes with Check Writer to the venue of state or federal courts located in the State of Michigan. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. 13.2 Any and all controversies, claims or disputes arising out of or related to these Terms of Use or the interpretation, performance or breach thereof, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, and the determination of the scope or applicability of this these Term of Use to arbitrate, except as set below, shall be resolved according to the following procedures, which shall constitute the sole dispute resolution mechanism hereunder: 13.3 In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. The arbitration shall be conducted in Genesee County before a single neutral arbitrator 13.4 The arbitrator shall follow Michigan law in adjudicating the dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any Michigan state court. If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Genesee County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. 13.5 Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Genesee County. 14. Termination Notwithstanding any of these Terms of Use, Check Writer reserves the right, without notice and in its sole discretion, to terminate your use of this App and to block or prevent future access to and use of this App. Upon termination for any reason, Check Writer has the right to prohibit your access to the Check Writer Services, and deleting all attached information, and barring future access to the Check Writer service by you or if a business entity, its parent, affiliates, subsidiaries, or its or their successors. QUESTIONS AND CONTACT INFORMATION General questions or comments about the Check Writer App may be directed using the contact form on www.digital-soft.org