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Terms Of Service (Customer Agreement)

Use of Checkcomposer.com is subject to certain terms and conditions. The terms and conditions (Terms of Use or Customer Agreement) and the privacy policy (Privacy Policy), apply to use of this website (the Site). This Terms of Service is a legal agreement between you and Paradigm Information Solutions, LLC that governs your access to and use of our virtual check service. Please review this entire Terms of Service before you decide whether to accept it and continue with the use of the service.

OWNERSHIP OF SERVICE
CheckComposer.com is a service which is provided by and owned by Paradigm Information Solutions, LLC.

DEFINITION OF ROLES
Roles in the system will be defined as follows. The Registered User (User) is the person who setups up and uses the checkcomposer.com system. The user is the payee on drafted checks. The client is the users client or customer; this is the person who will be the payer on the check.

PAYMENTS MADE TO CHECKCOMPOSER.COM
When you sign up for the account or add additional funds to your account, your credit card will be charged and processed by our parent company Paradigm Information Solutions, LLC. Your credit card statement will reflect our parent company's name Paradigm Information Solutions, LLC on it.

DESCRIPTION OF SERVICE
Checkcomposer.com is only a Service Provider. Checkcomposer.com is a check printing service which allows its users to print duplicate check drafts (or sometimes referred to as demand checks). The user is responsible for inputting and maintaining data that is required to print the checks. The user is required to obtain documented permission from their clients before printing checks and drafting the clients account. We provide technology that allows you to accept check payments from third parties. At no time do we have possession of any funds involved in any transaction that takes place through our service. We do not withdraw funds from your customers account, nor do we deposit funds into your account. We do not have control of or liability for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a buyer will complete a transaction. Checkcomposer.com is NOT an ACH (Automated Clearing House) or EFT (Electronic Funds Transfer) system.

FRAUDULENT USE
We do not guarantee, verify or investigate transactions performed by users of Checkcomposer.com. You agree only to create checks which your client has granted permission for you to create. You agree to create checks only for legitimate business transactions.

PRIVACY POLICY
Please refer to the Privacy Policy section to view the current privacy policy.

PRIVACY OF OTHERS
Through the use of our service, you will be receiving personal and sensitive information from your customers. We expect you to have a commitment to privacy and thereby have an established "Privacy Policy" that is available upon your customer's request. This Privacy Policy should be published on your website, and/or available to be emailed or to be faxed to your customers.

MODIFICATIONS TO THE SERVICE AND PRICES
Please refer to the Pricing section to view the current Checkcomposer.com fees. For Check Stock pricing refer to the Buy Check Stock section to view the current Checkcomposer.com fees. Checkcomposer.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Checkcomposer.com Site (www.Checkcomposer.com) or the Service itself. Paradigm Information Solutions, LLC, shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ACCEPTANCE OF TERMS
By accessing and using the Site, or by clicking I Accept when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy referenced herein. If you do not accept these Terms of Use and the Privacy Policy you are not authorized to use this Site. Paradigm Information Solutions, LLC may make modifications to the foregoing at any time and such modification will be effective upon posting to the Site. Your continued use of the Site after any modifications to these Terms of Use shall indicate your agreement with such modified terms.

ADDITIONAL TERMS
Some portions of the Site may have additional rules guidelines or terms posted. If there is a conflict between these Terms of Use and the rules, guidelines or terms posted for a particular area of the Site, the latter will prevail regarding your use of that area of the Site.

RIGHT OF REFUSAL
We have the sole, undisputable right to approve or disapprove service accounts. While the Acceptable Use Policy is used as a general guideline, we have total discretion to disapprove an order for a new service account without explanation.

SERVICE AREA
Our service is limited to companies based in the United States of America and using U.S. bank accounts. You cannot use our service to create a draft check for any individual or company that does not have U.S. Bank. The Check 21 system is only between U.S. banks.

CHECK CREATING AND PRINTING
You agree to inspect all printed checks for errors or omissions which may have occurred during the creation or printing process. It is your responsibilty to make sure all information is correct before creating checks. Paradigm Information Solutions, LLC or Checkcomposer.com is not responsible for any errors or ommisions on any check created.

IDENTITY AUTHENTICATION
You authorize us to make any inquiries, directly or through third parties, that we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report and verifying your information against third party databases or through other sources.

TYPES OF ACCOUNTS
We will only setup accounts where the Payee or receiver of the check is a company. In very rare cases, under certain circumstances, such as, non-local landlords or property owners, we will allow the Payee of checks to be an individuals name. Special verification procedures are used before an account in an individuals name is approved.

ACCOUNT APPROVAL PROCESS
Before an account is approved, we use specific methods to verify a business. This is usually done within one business day without additional data being requested from you. However, there may be situations where we will require copies of business legal documents, licenses and the like. In such a situation, we will send you an email specifying what we need and provide you with methods to get that information to us. In such cases approval may take longer.

PAYMENT TERMS
A valid credit card is required to activate your account during sign up. Your credit card will not be charged until you have been verified and your account has been activated. At that time credit card will be charged and processed by our parent company Paradigm Information Solutions, LLC. Your credit card statement will reflect our parent company's name Paradigm Information Solutions, LLC on it. The minimum start up cost is $50.00 and can be incremented by $5.00 increments. You can re-charge your account at any time for a minimum of $50.00. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. In order to treat everyone equally, no exceptions will be made.

CHECK STOCK ORDERS
Checkcomposer.com sells check stock with Free Shipping and can be purchased at time of sign up or any time afterwards. We ship check stock by USPS (United States Postal Service) Priority Mail. Time frame for delivery is usually 1 to 3 business days for anywhere in the continental United States.

30 DAY MONEY BACK GUARANTEE
We offer a 30 day money back guarantee. This is ample time to determine if the service is suitable for your business. If you sign up for our service and decide within 30 days that it is not suitable for your business we will refund your remaining balance. Refunds will be credited to your credit card on file. Refunds after the 30 day window, within a reasonable time frame (45 days), will be taken under consideration and granted solely at our discretion.

REFUNDS
After the 30 Day Money Back Guarantee expires or if your account is terminated due to violations of the Acceptable Use Policy, Paradigm Information Services, LLC, has no obligation to refund any remaining funds that were paid for the current term of service of your account. This refund policy applies even if no activity has taken place in the account since its starting date. In order to treat everyone equally, no exceptions will be made.

Refunds for check stock will only be given within 30 days of purchase and with an RMA (Returned Material Authorization), you will need to contact us at [email protected] requesting an RMA and providing us a reason you want to return the checks. If we feel the reason is justifiable we will issue a RMA. Check Stock When you receive the RMA you will need to return the checks postage paid by you, with a copy of the RMA included in the package. After the Check Stock is received and is in good condition, Checkcomposer.com will issue a refund. Once again, in order to treat everyone equally, no exceptions will be made.

CLIENT AREA OF ACCOUNT
The Registered User is responsible for maintaining the security of your client area account. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Checkcomposer.com of any unauthorized uses of your account or any other breaches of security. Paradigm Information Solutions, LLC or Checkcomposer.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

DATA SECURITY
The Checkcomposer.com Service entails the submission, temporary storage and use of sensitive financial data. The Registered User is provided with a secure SSL internet connection for both the submission of check data and to administer their accounts. All passwords and checking account numbers are encrypted during storage and only decrypted when in use by the User to view or print checks. After a check is printed or otherwise processed, it is your responsibility to delete the check data from your account.

ACCOUNT PASSWORD PROTECTION
Access to, and use of, password protected areas of the Site is restricted to authorized users only and you may not share your password, account information, or access to the Site. You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password or account or as a result of your access to the Site. You agree to notify Checkcomposer.com immediately of any unauthorized use of your password or account. This applies to all officers, employees, agents, representatives and others having access to the username and/or password. Paradigm Information Solutions, LLC and Checkcomposer.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.



--- CANCELLATION / TERMINATION SECTION ---

HOW TO CANCEL
The Registered User of the account is solely responsible for properly canceling your account and needs to email [email protected] requesting the cancellation of the account. Cancellation consists of a termination of your account, and no refund of remaining funds unless within the 30 day money back guarantee time.

GERNERAL TERMS
You agree that Paradigm Information Services, LLC may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, breaches or violations of the Terms of Service or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, engagement by you in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Paradigm Information Services, LLCs sole discretion and that Paradigm Information Services, LLC, shall not be liable to you or any third party for any termination of your account, or access to the Service.

ACTIONS WE MAY TAKE
If we have reason to believe that you have engaged in any Restricted Activities or violated the Acceptable Use Policy, we may take various actions to protect Paradigm Information Services, LLC, a check submitter, or a third party from losses, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

1. We may close, suspend, or limit your access to your Account or the Services.

2. We may contact buyers who have purchased goods or services from you, contact your bank, and/or warn other users, law enforcement, or impacted third parties of your actions.

3. We may update inaccurate information you provided us.

4. We may refuse to provide our services to you in the future.

5. We may take legal action against you.

ACCOUNT CLOSURE, TERMINATION OF SRVICE, OR LIMITED ACCOUNT ACCESS
If we close your Account or terminate your use of our Services for any reason, we will provide you with notice of our actions by email. If we limit access to your Account, we will provide you with notice of our actions and provide the opportunity to request restoration of access if appropriate.

-- End of Cancellation / Termination Section --


--- ACCEPTABLE USE POLICY SECTION ---

You are independently responsible for complying with all applicable laws in all of your actions related to your use of our services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

You may not use Checkcomposer.com service for the following activities:

1. To violate any law, statute, ordinance or regulation such as those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising.

2. To violate applicable laws or industry regulations regarding the sale of tobacco products, prescription drugs and devices, alcoholic beverages, firearms, firearm parts or accessories, ammunition, weapons or knives.

3. For sales of, steroids, certain controlled substances or other products that present a risk to consumer safety, drug paraphernalia, items that encourage, promote, facilitate or instruct others to engage in illegal activity, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, items that are considered obscene, items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, certain sexually oriented materials or services.

4. For transactions that:

A. Show the personal information of third parties in violation of applicable law, support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs.
B. Are associated with purchases of lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card.
C. Are associated with the sale of traveler's checks or money orders, or involve currency exchanges or check cashing businesses.

5. To involve gambling and/or gaming activities, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, certain games of skill, and other ventures that facilitate gambling unless the operator has obtained prior approval from us and the operator and customers are located exclusively in jurisdictions where such gambling activities are permitted by law.

-- End of Acceptable Use Policy Section --


THIRD PARTY AND USER CONTENT (LOGOS)
The Site may now or in the future permit the submission of Content at the direction of third parties and users of the Site (User Content) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, Checkcomposer.com does not guarantee any confidentiality with respect to any submissions you make. You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. Checkcomposer.com and also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for copyright infringement and violations of intellectual property law, as well as other violations, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Checkcomposer.com may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion.

LINKS TO EXTERNAL SITES
The Site may contain links to third-party websites (External Sites). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. In addition, some areas of the Site may contain links to External Sites posted, stored, or displayed at the direction of users of the Site, for which Checkcomposer.com and our Service Providers cannot accept any responsibility or liability.

PERMITTED USE
This site is for the personal use of our customers. It may not be used in connection with any commercial endeavors except those that are specifically approved by us or our Service Providers. You may not access or utilize the Site in any manner that could damage, disable, overburden, or impair any Checkcomposer.com accounts, computer systems or networks. You may not attempt to gain unauthorized access to any parts of the Site or any Checkcomposer.com accounts, computer systems or networks. You may not use any robot, spider, scraper or other automated means to access the Site or any Checkcomposer.com accounts, computer systems or networks. You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

SITE SECURITY
You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

logging into or attempting to log into a server or account that you are not authorized to access;
accessing data or taking any action to obtain data, information or services not intended for you or your use;
attempting to probe, scan or test the vulnerability of any system or network;
tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the site.

CONTENT
This Site contains material, such as software, text, graphics, images, video, audio and other material (collectively referred to as the Content). The Content may be owned by us or may be provided through an arrangement Checkcomposer.com have with others, including other users of the Site. The Content is protected by copyright under both United States and foreign laws and may not be modified or altered in any way. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as specifically provided in these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Site automatically terminates. You acknowledge and agree that the Checkcomposer.com and any necessary software used in connection with Checkcomposer.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

Paradigm Information Solutions, LLC grants you a personal, non-transferable and non-exclusive right and license to use Checkcomposer.com and its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access Checkcomposer.com by any means other than through the interface that is provided by Paradigm Information Solutions, LLC for use in accessing the Service.

NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you are an authorized reseller.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content, User Content or the Site. Checkcomposer.com and Paradigm Information Solutions, LLC shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Checkcomposer.com reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILILTY
WE, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NEITHER CHECKCOMPOSER.COM NOR PARADIGM INFORMATION SOLUTIONS, LLC, SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT) AT YOUR OWN RISK. CHECKCOMPOSER.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE, ITS SERVER, OR THE CONTENT (INCLUDING THE USER CONTENT) ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT (INCLUDING THE USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CHECKCOMPOSER.COM SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT (INCLUDING THE USER CONTENT) ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHECKCOMPOSER.COM HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL CHECKCOMPOSER.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT (INCLUDING THE USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A CHECKCOMPOSER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

OTHER LIMITATIONS
We do not warrant that the functions contained in the Service will be uninterrupted or error free and we shall not be responsible for any service interruptions including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service.

GENERAL CONDITIONS
Technical support is available via email and phone. You understand that Checkcomposer.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required in running the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Checkcomposer.com service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Checkcomposer.com. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Checkcomposer.com customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Checkcomposer.com) of other Checkcomposer.com customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Checkcomposer.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

MISCELLANEOUS
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us and our Service Providers without restriction. These Terms of Use are governed by the internal substantive laws of Michigan, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Detroit, Michigan. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to such subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sub-licensees.