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| Please read the following Legal Notices and Terms of Use
("Terms") carefully before viewing or using this Deluxe Financial
Services, Inc. ("Deluxe", "we", "our" or "us") website. These terms
govern your access to and use of the Site, including any content,
functionality, and services offered on or through the Site (unless
otherwise noted), whether as a guest or registered user. By
accessing or using the Site, you signify that you read,
understand, and agree to be bound by these Terms, our Acceptable
Use Policy, and our Privacy Policy, incorporated herein by
reference. |
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| Changes to the Terms |
| Deluxe reserves the right to modify these Terms at any
time by posting modified Terms, and your continued use of the Site
thereafter will constitute agreement with such modifications. All
changes are effective immediately when we post them. You are
expected to check this page frequently so you are aware of any
changes, as they are binding on you. If you do not agree to these
Terms, do not use this Site. |
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| Authority |
| By accessing, using or placing orders on the Site, You
represent and warrant that you are at least 18 years of age and/or
are otherwise recognized as being able to form legally binding
contracts under applicable law. If you are agreeing to these Terms
or any other agreement for a particular Deluxe Service on behalf
of a corporate entity, you represent and warrant that you have the
legal authority to similarly bind such corporate entity, in which
case the terms "you", "your", "user" or "customer" shall refer to
such corporate entity. If Deluxe finds that you do not have the
legal authority to bind such corporate entity, you will be
personally responsible for the obligations contained in these
Terms including, but not limited to, the payment obligations.
Deluxe shall not be liable for any loss or damage resulting from
Deluxe's reliance on any instruction, notice, document or
communication reasonably believed by Deluxe to be genuine and
originating from you or an authorized representative of your
entity. |
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| Definitions |
| "Content" means any content found on Site and within the
Services found at Site, including without limitation any of the
following: text, software, software-as-a-service, web pages,
whitepapers, product/services data sheets, data, scripts, source
code, API, graphics, photos, sounds, music, videos and interactive
features and the trademarks, service marks and logos contained
therein. |
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| "Deluxe", "we", "our", or "us" means Deluxe Financial Services, Inc. |
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| "Documents" means the documents provided on Site such as white papers, data sheets, FAQs, and other informational documents. |
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| "Services" means any Deluxe-owned product, service,
software, software-as-a-service, good, supply, material, or any
other item or service that may be purchased and accessible by you,
whether or not branded by Deluxe or as Deluxe. |
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| "Site" means any of the websites found at or through
ChecksByDeluxe.com, any website owned, managed, run, operated, or
controlled by Deluxe or any of its affiliates or subsidiaries, or
any website linked to from these Terms. |
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| "Third Party Information" means products, services,
content, information, website, links, and other content provided
by non-Deluxe providers and their websites. |
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| "You", "your", "user" or "customer" means any individual
or entity that accesses any Site and/or any of the products,
Services, software or other Deluxe material offered by Deluxe on
any Site. |
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| "User Content" means any data, text, images, photographs,
graphics, sound, video or other content you provide to Deluxe
through use of the Site or any Services. |
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| Other Applicable Terms & Conditions |
| Some content on this Site or the Services offered through
the Site may have additional terms and conditions that govern your
access and use of the Site or Services. These Terms are in
addition to and not in lieu of any specific terms and conditions
that apply to any particular Service you access or purchase
from Deluxe. Any terms and conditions related to the specific
Service you purchase are incorporated herein by reference. If
there is a conflict between these Terms and any terms and
conditions for the specific Service you purchase, then the terms
and conditions of the specific Service will govern the conflicting
terms. |
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| You agree to use this Site and Services in a responsible
manner that complies with these Terms, all applicable local,
state, national and international laws, rules, or regulations. |
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| Use of the Site |
| You are granted permission to access and use the Site and
its Content for the sole purpose of preparing, evaluating, and
purchasing Services through the Site. No other download,
retention, use, publication, or distribution of any portion of the
Content is allowed. |
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| Deluxe assumes no liability or responsibility for any
inaccuracies, errors or omissions in any Content. Deluxe also
assumes no responsibility and shall not be liable for any damages
to, or viruses that may infect your computer equipment or other
property on account of your access to, use of, or browsing on the
Site or your downloading any materials, data text or images from
the Site. |
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| Any communication or material you transmit to the Site by
email or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as,
non-confidential and non-proprietary, except as required by law
and our Privacy Policy. |
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| Anything you transmit or post may be used by Deluxe for
any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, feedback, and
postings. Furthermore, we are free to use, without limitation or
restriction, any ideas, feedback, concepts, know-how or techniques
contained in any communication you send to or through the Site for
any purpose whatsoever, including but not limited to developing,
manufacturing and marketing Services using such information. |
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| Site Pricing |
| Deluxe strives to keep the Site up to date; however,
occasional fluctuation in market conditions may change Service
prices. Our goal is to honor the pricing shown on the Site,
however, we reserve the right to change published prices of
Service offered on the Site at any time. If a published Site price
is incorrect on an item you have quoted or ordered, we will
contact you with the most updated price prior to fulfilling the
order. |
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| Site Images |
| Deluxe makes every effort to provide clear and
color-correct product images on the Site that best reflect the
true nature of the products. However, website images are
inherently limited in their ability to accurately show color,
scale, and detail. Please be careful about making assumptions
about products from the Site image alone. |
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| Your Account, Password & Security |
| In order to transact a purchase on the Site you must first
complete the registration process and provide your billing and
contact information ("Your Account"). You agree to provide and
maintain accurate, current and complete information about Your
Account, and any entity on whose behalf you order Services. |
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| You are responsible for maintaining the confidentiality of
Your Account and are responsible for all activities that occur and
orders that are placed under Your Account. You must immediately
notify us of any unauthorized use of Your Account or any other
breach of security. It is your responsibility to log off from Your
Account at the end of each session. We may suspend or terminate
Your Account without notice in the event that we reasonably
determine that Your Account has been involved in a violation of
these Terms or has been subject to unauthorized access or use. You
agree to cooperate with us with respect to investigations of any
suspected or alleged violation of these Terms and any action we
take to enforce them. You are liable for any losses incurred due
to any unauthorized use of Your Account. Deluxe is not liable for
any loss or damage arising from your failure to secure Your
Account or otherwise comply with this section. |
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| Third Party Information & Links to Other Websites |
| You may be subject to additional and/or different terms,
conditions, and privacy policies when using or accessing Third
Party Information. Deluxe is not responsible for, disclaims all
liability for and makes no representations or warranties for Third
Party Information. Although we do not have an obligation to do so,
Deluxe reserves the right to prescreen Third Party Information. |
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| Intellectual Property |
| The Site and Content provided on or through the Site are
the intellectual property and copyrighted works of Deluxe or other
Third Party Information. You should assume that everything on the
Site is copyrighted unless otherwise noted and may not be used
except as provided herein without Deluxe's prior written
permission. |
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| Nothing herein grants you any license or right, by
implication, estoppel or otherwise, to use any Content without
Deluxe's prior written permission. Unauthorized use of Content or
anything on the Site is strictly prohibited. You acknowledge that
Content is provided merely as a convenience and accommodation to
you on an "AS IS" basis without warranty of any kind and Deluxe
may terminate the permissions granted to you in these Terms at any
time. |
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| Deluxe company names, logos, and all related names,
brands, logos, product and service names, designs, and slogans are
trademarks of Deluxe or its affiliates or licensors. You may not
use such marks without our prior written permission. All other
names, logos, product and service names, designs, and slogans on
this Site are trademarks of their respective owners. |
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| Terms Applicable to Digital Content |
| Some Services may contain or include with your purchase,
images, photographs, templates, animations, video, audio, music,
text, supplemental software, "applets," and "online" or electronic
documentation (together called the "Digital Content"). You may
use, modify, and publish the Digital Content in accordance with
these terms. The copyright and all other intellectual property
rights to the Digital Content shall remain with Deluxe or our
licensors and you acknowledge that Digital Content may be used by
other Deluxe customers. If we notify you that certain components
of the Digital Content may no longer be used (for whatever
reason), then such components cannot be used as part of a website
design or template layout, nor can they be used in any other
larger work. If you receive such notification, you agree to cease
using and destroy all copies of those components of the Digital
Content in your possession or control. |
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| Permitted Uses of Digital Content |
| During the Term, you may incorporate Digital Content into
your own original work and publish your work in a website provided
that you take action and ensure that Digital Content is unable to
be downloaded or saved by others. |
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| Unauthorized Uses of Digital Content. You may not: |
- Use the Digital Content in webpage design where the Digital Content is in a format designed or intended for storage or reuse by others;
- Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
- Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any Service;
- Create scandalous, obscene, indecent, hateful, defamatory or immoral works using the Digital Content, nor use the Digital Content for any purpose which is prohibited by law;
- Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
- Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity;
- Use the Digital Content in a manner that Deluxe deems, in its sole discretion, violates these Terms.
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| Notice Specific to Documents Available on this Site |
| You are granted permission to use Documents provided on
the Site only if the content contained therein including any
copyright notice is not altered or removed. Use of such Documents
is for informational and non-commercial or personal use only and
Documents shall not be redistributed. |
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| Materials Provided by You (User Content) |
| In connection with your use of the Site and Services, you
may provide, upload, or otherwise make available to us User
Content. You may also have the ability to view, post, publish,
share, store or manage User Content via the Site or Services. You
agree that you will only upload or use User Content within the
Site and Services that you have the right and authority to provide
or upload such User Content as well as the authority to grant
Deluxe the licenses and rights to such User Content as set forth
in these Terms. By providing the User Content to Deluxe, you grant
Deluxe a worldwide, perpetual, royalty-free, irrevocable,
non-exclusive, fully-sublicensable license to use, reproduce,
modify, adapt, translate, publish, publicly perform, publicly
display, broadcast, transmit and distribute the User Content in
any form. Deluxe's use of the User Content includes, without
limitation, the right to incorporate or implement the User Content
into any Deluxe product or Service, and to display, market,
sublicense and distribute the User Content as incorporated or
embedded in any product or Service distributed or offered by
Deluxe without compensation to you. You warrant that: (a) You have
the right and authority to grant this license; (b) Deluxe's
exercise of the rights granted pursuant to this license will not
infringe or otherwise violate any third party rights; and (c) all
so-called moral rights in the User Content have been waived to the
full extent allowed by law. |
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| Although we are not obligated to prescreen User Content,
we reserve the right to do so, including the right to refuse or
remove any User Content that, in our sole discretion, violates
these Terms, our Acceptable Use Policy, or is otherwise
objectionable. |
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| Deluxe does not back up User Content. You agree to back up
all of your User Content so that you can access and use it when
needed. As Deluxe bears no responsibility for User Content, you
agree to accept as a risk the loss of any of your User Content.
You agree to indemnify and hold Deluxe harmless from any claim or
demand, including reasonable attorneys' fees, made by any third
party due to or arising out of our use of User Content. |
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| Purchases of Services; Transfer of Title |
| Prices are F.O.B. shipping point. This means that the risk
of loss and title for Services pass to you upon our delivery to
the shipping carrier. For any Service provided in an electronic
format, delivery shall be deemed to have occurred either (a) at
the time we transmit the Service via email or other electronic
communication addressed to you, or (b) at the time we transmit a
notification to you that the Service is available for downloading
from the Site. Submission of an online order and/or your signature
on the Order Acknowledgment is a conditional acceptance by Deluxe
of your offer to purchase Services and your acceptance of Deluxe's
terms and conditions. It may contain terms that differ from or add
to those contained in your purchase order, should you have one,
and to the extent that this is the case, Deluxe hereby expressly
conditions its acceptance of your offer on Deluxe's written
agreement of the additional or different terms. Your receipt and
retention of the Services covered by this invoice shall constitute
acceptance of any such additional or different terms. |
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| Fees & Payments |
| You agree to pay any and all fees and payments due for
Services at the time they are ordered. All fees and payments due
are in U.S. dollars and are non-refundable unless otherwise
expressly noted, even if Services are suspended, terminated, or
transferred prior to the end of the Services term. State sales tax
will be added to your order where applicable. If you are exempt
from sales tax, please provide a copy of your resale exemption
certificate. |
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| Unless otherwise stated, you may pay for Services by
providing a valid credit card or ACH, if available. You
acknowledge and agree that it is your sole responsibility to
modify and maintain Your Account settings, including but not
limited to (i) setting your renewal options and (ii) ensuring that
your credit card, ACH, or other relevant payment information is
current and valid. Failure to do so may result in interruption or
loss of Services. Deluxe will not be liable to you or any third
party regarding Services loss or interruptions. You must notify us
of any billing problems or discrepancies within fifteen (15) days
after they first appear on your credit card or bank account
statement, otherwise, you waive any right to dispute any such
discrepancy. |
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| You acknowledge that Deluxe may use the services of a
third party to automatically update Your credit card expiration
date. These recurring billing or account updating programs (the
"Billing Programs") are supported by your credit card provider
(and are ultimately dependent on your bank's participation). If
you are enrolled in an automatic renewal option and we are unable
to successfully charge your existing payment method, your credit
card provider (or your bank) may notify us of updates to your
credit card number and/or expiration date, or they may
automatically charge your new credit card without notifying us. |
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| If we are unable to charge your credit card or bank
account for the full amount owed for the Services provided or if
we incur a chargeback or initial payment failure for any fee we
previously charged or attempted to charge to your credit card, you
acknowledge that Deluxe may pursue all available lawful remedies
in order to obtain payment including, immediate cancellation
without notice to you of any orders or Services. |
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| Deluxe reserves the right to charge you reasonable
additional fees for, e.g. (i) service upgrades (one-time
non-recurring charge) to be invoiced to you in the following
billing cycle, (ii) tasks we may perform for you that are outside
the normal scope of Services, (iii) additional time and/or costs
we may incur in providing Services to you, and/or (iv) your
noncompliance with these Terms as determined by us in our sole
discretion. Deluxe will provide notice of these additional fees as
they are incurred. These additional fees will be billed to the
credit card or other payment method on file with us. |
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| Deluxe expressly reserves the right to change or modify
its prices and fees at any time, and such changes or modifications
will be posted online at this Site or otherwise communicated to
you using the information we have on file, and effective
immediately without further notice to you. If you have purchased
Services for a fixed time period, changes or modifications in
prices and fees will be effective when the Service in question
comes up for renewal. If you find any pricing change unacceptable,
you may cancel Service subscription(s) and terminate Your Account,
however Deluxe will not refund any remaining portion of any
prepaid fees. |
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| If a Service is offered with a special promotion price or
period, you agree that all subsequent periods after the initial
promotion period will be billed at the then-stated list price for
the Service. |
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| Late Fees and Penalties |
| We reserve the right to charge late fees of 1.5% of the
amount due per month (18% annually) or 6% of the amount due plus
$10 per month for amounts not timely paid, whichever is more,
where allowed by law. You are responsible for all reasonable
expenses (including collection and reasonable attorneys' fees) we
incur in collecting such amounts. |
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| Shipping & Delivery |
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| Shipping and Arrival Times |
| Shipping transit times vary, and Deluxe assumes no
responsibility for delays caused by acts of God, shipping
carriers, weather, circumstances beyond our direct control, or any
damages resulting from the failure to receive an order on time.
Your order may arrive late due to unforeseen delays in supply
chain, delivery service, the breakdown of equipment, illness, etc. |
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| Target arrival dates are calculated by adding the project
turnaround time to the shipping transit time. Both production and
shipping times are based on business days only and do not include
weekends or holidays. Shipment and delivery dates are the best
estimates and Deluxe is not liable for any consequential or
special damages arising from any delay in delivery. |
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| Shipping Charges |
| Deluxe is committed to estimating shipping charges as
accurately as possible. However, on some occasions, we may
underestimate or overestimate shipping charges. In such an event,
we may make reasonable authorized adjustments to your shipping
charges. You will always be contacted about additional charges.
Refusal of charges may delay delivery of your order. |
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| General Shipping Terms |
- Deluxe is not liable for incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
- Deluxe is not liable for damage to the products arising after delivery to you.
- Satisfaction guarantee does not apply to shipping claims.
- We reserve the right to have you return the original order before reprinting or refunding your order.
- We are not responsible for any damages or claims caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.
- We can ship most products via USPS to APO or FPO addresses. Please reference the shipping details provided when ordering from the Site.
- We make every attempt to have products ship from the factory on or before the date specified in the order confirmation or desired due date. In the event of a delay you will be notified as soon as practicable. We typically provide tracking information within 24 hours of shipment.
- Orders of excessive size or weight may be shipped via common carrier (freight line); you will be notified if this is necessary.
- We ship from various manufacturing facilities throughout the United States. If Your order contains multiple items, these items may arrive in separate shipments.
- All products become your property at the time they are accepted by the shipping service.
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| Monitoring User Content |
| Deluxe is not responsible or liable for the deletion,
correction, destruction, damage, loss or failure to store or
maintain any of Your Account data or your User Content. Deluxe has
no obligation to monitor the Site or User Content that is provided
on or through the Site. However, Deluxe reserves the right to
review the Site and User Content and to monitor all use of and
activity on the Site, and to remove or choose not to make
available on or through the Site any User Content in its sole
discretion. |
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| Term & Termination |
| The term and termination provisions of these Terms and any
applicable Service terms of use vary according to the Services and
will be presented to you during the Services selection and
ordering process. Deluxe reserves the right in its sole discretion
to immediately terminate your access to the Site or the Services
for any reason, with or without notice to you. You agree that
Deluxe may, in its sole discretion, at any time, terminate or
limit your access to, or use of, the Site or any content therein.
In the event of default by you, any and all payments shall
accelerate and become due and payable immediately. Termination of
these Terms shall not relieve you from any liability, including
amounts owing, accrued prior to the time that such termination
becomes effective. |
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| Disclaimer of Warranties |
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or
the Site will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for antivirus
protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of
any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF
THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY
WEBSITE LINKED TO IT.
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EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE, THE SITE AND
THE PRODUCTS AND SERVICES AVAILABLE VIA THE SITE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. THEREFORE, YOU UNDERSTAND
THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES IS AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, DELUXE AND ITS SUBSIDIARIES AND AFFILIATES AND ITS
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
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| DELUXE DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES
WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE
RESULTS FROM USING THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH
THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY
SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL
MEET YOUR NEEDS OR EXPECTATIONS; OR (E) THAT ANY DEFECTS, KNOWN OR
UNKNOWN, WILL BE CORRECTED. DELUXE SHALL BE PERMITTED FROM TIME TO
TIME TO INTERRUPT ANY SERVICE IN ORDER TO PROVIDE MAINTENANCE
AFFECTING THAT SERVICE. |
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| Limitation of Liability |
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL
DELUXE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED
TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY
SERVICES PROVIDED ON OR THROUGH THE SITE, OR FOR COMPUTER FAILURE,
OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY THAT ARE
INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS OF DATA OR DATA USE, AND WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
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DELUXE'S LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO
NON-PERFORMANCE OF ANY SERVICE SHALL BE: (I) REPAIR, REPLACEMENT
OR ADJUSTMENT OF THE PRODUCT OR SERVICE, OR (II) WHERE REPAIR,
REPLACEMENT OR ADJUSTMENT IS NOT POSSIBLE, AN EQUITABLE CREDIT NOT
TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE
PRODUCT OR SERVICE WHICH WAS NON-PERFORMING.
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| FOR ANY PRODUCT OR SERVICE WE PROVIDE TO YOU, THE
AGGREGATE LIABILITY OF DELUXE, ITS SUBSIDIARIES, AFFILIATES AND
AGENTS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR ANY OTHER
THEORY, WILL NOT EXCEED AN AMOUNT GREATER THAN THE PURCHASE PRICE
OF THE PRODUCT OR SERVICE ACTUALLY PAID TO DELUXE. IN STATES WHERE
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES IS NOT ALLOWED, THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES DELUXE'S AGGREGATE
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ARISES OR ANY SUCH ACTION WILL BE
PERMANENTLY BARRED. |
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| Indemnification |
| You shall indemnify, defend and hold Deluxe, its officers,
directors, employees, shareholders, agents, affiliates, licensors
and subcontractors harmless from any claim, costs, losses,
damages, liabilities, judgments and expenses (including reasonable
attorneys' fees), arising out of or in connection with any claim,
action or proceeding (collectively, "Claims") arising out of or
related to any act or omission by you in using the Site or any
Service ordered via the Site including but not limited to your
violation of these Terms or policies found on the Site or
infringement of any third party proprietary rights by you. |
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| Jurisdiction & Governing Law |
| Unless otherwise noted in any applicable agreement, these
Terms, the Services and all matters arising out of or relating
thereto are governed by the laws of the State of Minnesota without
regard to its conflict or choice of law provisions. Any legal
action or proceeding relating to these Terms or the provision of
the Services offered via the Site will be brought in the state or
federal courts located in Minnesota. You hereby submit to the
jurisdiction of and agree that venue is proper in those courts in
any such legal action or proceeding. |
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| All sections of these Terms which, by their nature,
should, shall survive termination including payment, indemnity and
the disclaimers of warranty and limitations of liability. |
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| Waiver and Severability |
| No waiver by Deluxe of any term or condition set out in
these Terms shall be deemed a further or continuing waiver of such
term or condition or a waiver of any other term or condition, and
any failure of Deluxe to assert a right or provision under these
Terms shall not constitute a waiver of such right or provision. |
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| If any provision of these Terms is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal,
or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of the Terms will continue in full force and
effect. |
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| Notice |
| We may provide communications and notices to you by means
of a general notice on the Site or by email to the address on
record in Your Account or by written communication sent by first
class mail or prepaid post to your address on record. Such notice
shall be deemed effective within forty-eight (48) hours of
transmission by mail or within twelve (12) hours of transmission
by email or by notice on the Site. You may withdraw your consent
to receive electronic communications, however, doing so may also
require that you discontinue use of the Services. |
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| You may provide notice by sending written notice by first class mail or prepaid post to: |
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| Attention: |
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Deluxe Financial Services, Inc.
PO Box 818094
Cleveland, OH 44181-8094 |
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| Such notice shall be deemed effective upon receipt by Deluxe. |
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| Force Majeure |
| Deluxe shall not be responsible for failure or delay of
performance if caused by an act of war, hostility, or sabotage,
acts of god, pandemic, endemic, electrical, internet, or
telecommunication outage that is not caused by us, including
government restrictions (including the denial or cancellation of
any export or other license), or other events beyond our
reasonable control. |
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| Support |
| You may contact Deluxe's support services by dialing 1-877-838-5287, Monday-Friday: 7:00 a.m.-7:00 p.m. (CT). |
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| Our mailing address is: |
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Deluxe Financial Services, Inc.
PO Box 818094
Cleveland, OH 44181-8094 |
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| Additional Terms for Specific Services: |
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| Checks |
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| Payment and Pricing |
| Payment is due at the time of ordering. Deluxe will not
initiate any order until full payment is received. 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
such payment method for the purchase, (iii) charges incurred by
you will be honored by the payment method institution, and (iv)
you will pay charges incurred by you at the posted prices,
including shipping and handling charges and all applicable taxes,
if any, regardless of the amount quoted on the Site at the time of
your order. |
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| The user of this Site hereby affirms the obligation to pay
for any products ordered and dispatched from Deluxe, irrespective
of any initial payment failure. In the event of an initial payment
failure, you shall remain liable for full payment as specified in
the order. Upon notification of a payment failure, you must
rectify the issue and complete payment within 30 days from the
date of notification. Failure to comply with this payment
obligation will result in additional charges, including but not
limited to late fees, interest charges, and costs associated with
collection efforts. We reserve the right to pursue all available
legal remedies to collect unpaid balances. |
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| Color Accuracy for Custom/Photo Checks |
| Deluxe will reproduce color from submitted files as
closely as possible but cannot exactly match color and density
because of limitations in the printing process, as well as
neighboring image ink requirements. |
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| Please note that we accept no responsibility for color
variations between submitted print-ready images and the actual
artwork or product they represent. |
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| You certify that you have the right to use the image(s) for Custom/Photo Checks. |
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| Deluxe is not responsible for the following: |
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- Inaccurate, low resolution or poor-quality artwork
- Errors in user-selected options such as product type, size, finishing options, etc
- Delays due to improperly prepared files
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| Under these Terms, you agree that you will NOT upload any
artwork files consisting of the following material: any material
that could give rise to any civil or criminal liability under
applicable law; and any material that could infringe rights of
privacy, publicity, copyrights or other intellectual property
rights without the permission of the owner of these rights and the
persons who are shown in the material if applicable. Deluxe is
unable to print some materials, including anything that violates
our Acceptable Use Policy or is deemed inappropriate by Deluxe in
its sole discretion. Deluxe reserves the right to refuse to print
any order or User Content for any reason, at our sole discretion. |
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| Shipping and Arrival Times |
| Shipping transit times may vary and all shipping and arrival dates are estimates, not guarantees. |
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