Terms of Use
Welcome to the web site (“Site”) of CCI Financial, Inc.
d/b/a Checkcity.com (a Utah Corporation) (“Checkcity.com,” “we” or “us”),
http://www.checkcity.com (the “Site” or “Web Site”). CCI Financial, Inc. is the
sole owner of this Site. Set out below are terms and conditions for use of this
Site. You agree to be bound by these terms if you use our Site. Be sure to
check this page periodically for updates, as your continued use of the Site
signifies your acceptance of any changed items.
Our Intellectual
Property
The Checkcity.com name and Checkcity.com-branded seals,
logos, and related marks are registered trademarks/design marks of
Checkcity.com or its affiliated companies. The Checkcity.com Web site seal, and
other such marks are trademark/certification mark(s)/service mark(s) of
Checkcity.com. All rights reserved.
Our Site and all of its contents (articles, text,
photographs, images, illustrations, graphics, video material, audio material,
and software — collectively, the “intellectual property”), are protected by
copyright, trademark and other laws of the United States, as well as
international conventions and the laws of other countries. The intellectual
property is owned or controlled by Checkcity.com or the party credited as the
provider of the intellectual property. Additionally, the Site itself is
protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated,
copied, sold, or otherwise exploited for any commercial purpose that is not
expressly permitted by Checkcity.com.
You may browse through the Site and occasionally download
small amounts of materials appearing on the Site that are of interest to you.
You must keep intact all copyright, trademark and other notices contained in
your personal copies. Except as otherwise provided in these Terms &
Conditions, you may not reproduce or allow others to reproduce your personal
copies of downloaded materials, nor may you make them available electronically
without our express written consent. You may not save or archive a significant
portion of the material appearing on the Site. You may not attempt to alter or
modify the content posted on the Site. Except as expressly set forth in these
Terms & Conditions, you may not copy, download, display, distribute,
publish, enter into a database, perform, modify, create derivative works,
transmit, post, decompile, reverse engineer, disassemble or in any way exploit
any of our intellectual property or the Site itself.
Proper Use of Our
Site
You may not use this Site for any purpose that is unlawful
or prohibited by this Terms and Conditions statement, or cause damage on or
through this Site. You promise that none of your communications with or through
the Site will violate any applicable local, state, national or international
law.
You agree to defend, indemnify and hold Checkcity.com, its
officers, directors, employees, agents, licensors, business associates, and
suppliers harmless from and against any actual or threatened claims, actions or
demands, liabilities and settlements including, without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your use
of the Site in a manner that violates or is alleged to violate this Terms and
Conditions statement or any applicable law.
Transactions
Certain areas of this Site enable you to apply for financial
services through Checkcity.com. The terms of those loans and the terms
governing your application to and participation in those programs are set forth
in the License Agreement[s] for such program[s] granted by each state/territory
where Checkcity.com is licensed. Checkcity.com reserves the right after receipt
of your application to accept or decline your loan application as provided in
the Loan Agreement governing the particular loan service for which you apply.
Use of Communication
Services
The Checkcity.com website may contain bulletin board
services, chat areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper
and related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer.
Advertise or offer to sell or buy any goods or services for
any business purpose, unless such Communication Service specifically allows
such messages.
Conduct or forward surveys, contests, pyramid schemes or
chain letters.
Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying
the Communication Services.
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
Violate any
applicable laws or regulations.
CCI Financial, Inc. has no obligation to monitor the
Communication Services. However, we reserve the right to review materials
posted to a Communication Service and to remove any materials in its sole
discretion. CCI Financial, Inc. reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
We reserve the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in our sole discretion.
You agree to always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. CCI Financial, Inc. does not control or endorse the content, messages
or information found in any Communication Service and, therefore, CCI
Financial, Inc. specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized CCI Financial,
Inc. spokespersons, and their views do not necessarily reflect those of CCI
Financial, Inc.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.
Termination/access
restriction
Checkcity.com reserves the right, in its sole discretion, to
terminate your access to the Checkcity.com website and the related services or
any portion thereof at any time, without notice.
Disclaimer of
Warranty, Limitation of Liability, and Release
Checkcity.com does not guarantee the accuracy of information
found on the Site. Your reliance on information found on the Site is at your
own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” CHECKCITY.COM MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF
THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL CHECKCITY.COM OR ANY OTHERS
INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR
INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR
ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR,
OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR
REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS
SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE
FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR
COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU
HAVE ADVISED Checkcity.com IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
CHECKCITY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO
PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT CHECKCITY.COM ON THIS SITE, YOU
SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT
THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE
UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations or exclusions
may not apply to you. However, in no event shall Checkcity.com’s aggregate
liability to you or any third party for damages, losses, and causes of action
exceed the amount paid by you, if any, for accessing this Site or $100, whichever
is lesser. You agree to bring any and all actions within one year from the date
of the accrual of the cause of action, and that actions brought after this date
will be barred.
In the event that you have a dispute with Checkcity.com, you
release Checkcity.com (and our officers, directors, agents, and employees) from
claims, demands, and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
Links to Other Sites
Our Site may provide links to web sites not operated by
Checkcity.com. Access to any other sites linked to this Site is at your own
risk. We assume no responsibility for third-party web sites. For example, we do
not vouch for the accuracy or reliability of the information on third-party web
sites, even if someone from our company is quoted or leaves a comment. We
assume no responsibility for the content of or services offered by linked third
party-sites, and make no representations regarding the accuracy of materials on
third-party Web sites. Statements made on third-party Web sites linked to or
from this site reflect only the views of their authors and not of
Checkcity.com.
Unless otherwise set forth in a written agreement between
you and Checkcity.com, you may link your Web site to the home page of our Site.
[provided that you adhere to the following linking policy: (i) any link to
Checkcity.com's Site must be a text only link and clearly marked "Checkcity.com
Site," (ii) the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with Checkcity.com’s
name, trademarks, and certification marks, (iii) the link must
"point" to the URL http://www.Checkcity.com and not to other pages
within our Site, (iv) the appearance, position and other attributes of the link
may not create the false appearance that your organization or entity is
sponsored by, affiliated with, or associated with Checkcity.com, (v) when selected
by a user, the link must display the Checkcity.com Site on full-screen and not
within a "frame" on the linking Site, and (vi) Checkcity.com reserves
the right to revoke its consent to the link at any time and in its sole
discretion.]
Violations and Additional
Terms
Checkcity.com reserves the right to seek all remedies
available at law and in equity for violations of this Terms and Conditions
statement, including suspending or blocking your access to the Site. Please see
our Privacy Policy for our policies regarding privacy, which is incorporated
herein by reference.
No Waiver
No delay or failure by Checkcity.com to enforce any of these
Terms and Conditions shall constitute a waiver of any of our rights under these
Terms and Conditions. Neither the receipt of any funds by Checkcity.com nor the
reliance of any person on our actions shall be deemed to constitute a waiver of
any part of these Terms and Conditions. Only a specific, written waiver signed
by an authorized representative of Checkcity.com shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and
Conditions statement is determined to be illegal, invalid or unenforceable
under present or future law, the clause or provision shall be deemed to be
deleted without affecting the enforceability of all remaining clauses or
provisions.
Governing Law and
Jurisdiction
These Terms and Conditions and any disputes arising under or
related to these Terms and Conditions and/or the Privacy Policy or to this Site
will be governed by U.S. federal law and the laws of the State of Utah, without
reference to its conflict of law principles. Any such dispute shall be resolved
exclusively in the state or federal courts in Utah County, Utah, where we have
our headquarters. You agree to submit to the personal jurisdiction and venue of
the courts of the State of Utah for any legal proceeding involving the Site,
regardless of who initiated the proceeding.
This English-language Terms and Conditions statement is
Checkcity.com’s official agreement with users of this Site. In case of any
inconsistency between this English-language Terms and Conditions statement and
its translation into another language, this English-language document shall
control.
For More Information
If you have any questions regarding our Terms and Conditions
statement, please contact us by sending an email to operations@checkcity.com,
calling our customer service at 866-258-4672, or writing to us at
Checkcity.com, P.O. Box 970028, Orem, UT 84097.
Changes to this Agreement
Checkcity.com reserves the right, in its sole discretion, to
modify, alter, or otherwise change this Agreement at any time. We will provide
notice of such change on this Web site. Please review the Terms of Use and/or
Additional Terms periodically for changes. Your continued use of the
Checkcity.com Web site constitutes your acceptance of and agreement to be bound
by these changes without limitation, qualification or change. If at any time
you determine that you do not accept these changes, you must stop using this
Web site.