Trademark, Copyright, Terms of Service, General Terms and Condition and Legal Notices

PCCheckCash, and the PCCheckCash logo among others, are registered trademarks and/or registered service marks of PCCheckCash, or one of its subsidiaries, in the United States and other countries.

Other brands or product names are trademarks or service marks of their respective owners, should be treated as such, and may be registered in various jurisdictions.

Risk of Loss
All items purchased and shipped from PCCheckCash are made pursuant to a shipment contract between PCCheckCash and our carriers. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Terms of Service
Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of the PCCheckCash.com site, including any content or services accessible through such site (referred to as the "Service"). PCCheckCash may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with PCCheckCash or third parties.

General Terms and Conditions
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem.

You agree that use of the Service, including any applets, software, content and services accessible therein, is entirely at your own risk. The service is provided "as is," without warranty of any kind, either express or implied, and PCCheckCash and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. PCCheckCash does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does PCCheckCash warrant access to the Internet or to any other service or content through the service. The entire liability of PCCheckCash and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer for the related services or content purchased from PCCheckCash, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, PCCheckCash and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if PCCheckCash or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the basis of the bargain between PCCheckCash and you. PCCheckCash would not be able to have provided this service to you without such limitations.

PCCheckCash is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web site or it's products, and is the copyright owner or licensee of the content and/or information on this Web site and its software including but not limited to any screens appearing at the site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, you may print a copy of the information on this site for your personal use or records. If you make other use of this site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. PCCheckCash does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Web site or its software.

PCCheckCash reserves the right, without prior notice, to change any information on this Service, including but not limited to, the features, services or other information. Clicking on certain links within this Web site might take you to other Web sites for which PCCheckCash assumes no responsibility of any kind for the content availability or otherwise. The content presented at this site may vary depending upon your browser limitations.

User Conduct On the Service
While using the Web site, you may not:

  1. Restrict or inhibit any other user from using and enjoying the Service;
  2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by PCCheckCash) or engage in spamming or flooding; or
  4. Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
  5. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  6. Post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
  7. Upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.

PCCheckCash has no obligation to monitor the Service. However, you acknowledge and agree that PCCheckCash has the right to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. PCCheckCash will not intentionally monitor or disclose any private electronic-mail message unless required by law. PCCheckCash reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service

Third Party Links From and To Service
You acknowledge and agree that PCCheckCash has no responsibility for the accuracy or availability of information or services provided by third party linked sites. Links to such sites do not constitute an endorsement by PCCheckCash of such sites or the content, services, products, advertising or other materials presented on such sites.

Information in the many Web pages that are linked to the Service comes from a variety of sources. Some of this information comes from official PCCheckCash licensees, but some may come from unofficial or unaffiliated organizations and individuals, both internal and external to PCCheckCash. PCCheckCash does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that PCCheckCash shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, services, products advertising or other materials available on such sites.

Other Information
If you wish to make purchases through the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold PCCheckCash liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.

Miscellaneous
The Terms of Service and the relationship between you and PCCheckCash shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and PCCheckCash agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.

The failure of PCCheckCash to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

By accessing and using this page you agree to the Terms of Service.

PCCheckCash® 2007 Software License Agreement
This Agreement sets forth the terms and conditions for licensing of the Software from PCCheckCash to you, and installing and using the Software indicates that you have read and understand this Agreement and accept its terms and conditions. Do not use the Software until you have carefully read the following Agreement. The use by you of any services or content accessible through the Software may be subject to your acceptance of separate agreements with PCCheckCash or third parties. This Agreement applies to the: (i) trial; (ii) single-user license; (iii) multi-user license; and (iv) Original Equipment Manufacturer ("OEM") or Special Editions ("SE") versions of the Software and other branded or customized versions unless otherwise agreed. If you purchased the Software from a retail store or directly from PCCheckCash or other PCCheckCash-authorized distribution channel, and do not agree with this Agreement, promptly return the Software and accompanying items to the place of purchase, or as provided below, within sixty (60) days of purchase with a dated receipt for a full refund. If the Software was pre-installed on your computer or disks came packaged with your computer at no extra charge, and if you do not agree with this Agreement, delete or do not use the Software.

Software is defined as the PCCheckCash computer program with which this Software License Agreement is included and any updates or maintenance releases thereto.

License and Certain Restrictions

Single-User License.
If you purchased a full, single-user license of the Software, you are granted a limited non-exclusive license to use the enclosed Software on the computer(s) used by a single individual. You may make one (1) backup copy of the Software solely for the purpose of reinstalling the Software, if needed, on the computer(s) used by the same single individual. You may not copy the printed materials accompanying the Software, if any, or print multiple copies of any user documentation. Registration of the Software with PCCheckCash after the approximate amount of time specified in the Software or in the materials accompanying the Software and in accordance with PCCheckCash's then-current privacy policies is required.

Multi-User License.
If you purchased a multi-user license or more than one license for a simultaneous user-capable version of the Software, you are granted a limited non-exclusive license to: (i) use the enclosed Software on the number of computer(s) corresponding to the number of licenses you have purchased, and only where all such computers are owned and operated solely by and for your Company and used by individuals who are your owners, employees or contractors; (ii) place a copy of your company's software data file on a network for use by such individuals; (iii) install the Software on a seperate computer only if required to host your company's software data file and enable multi-user access by only such individuals to your company's software data file, and (iv) make up additional copies of the printed materials accompanying the Software, if any, and/ or print copies of any online user documentation located in the Software for use by such individuals. Registration of the Software with PCCheckCash after the approximate amount of time specified in the Software or in the materials accompanying the Software and in accordance with PCCheckCash's then-current privacy policies is required.

The Software in its entirety is protected by the copyright laws. The Software also contains PCCheckCash trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact PCCheckCash regarding transferring your license to the new company. You may not network the Software, except that you may network your company data file as outlined above and except to the extent you have purchased license(s) for the multi-user license version as referenced above. You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software, to develop software to interface with the Software.

The PCCheckCash web site includes a feature that allows new users to connect to and use the online edition of PCCheckCash (“PCCheckCash Online”), a subscription service. Internet access is required to use this service. If you are a new user, your purchase of PCCheckCash Online entitles you to use the PCCheckCash Online. If you choose to use PCCheckCash Online you understand and agree that you will comply with and be subject to the terms and conditions of the PCCheckCash Online Edition Terms of Service.

PCCheckCash may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products and services (“Feedback”). You agree that PCCheckCash may, in its sole discretion, use the Feedback you provide to PCCheckCash in any way, including in future modifications of PCCheckCash, advertising and promotional materials relating thereto. You hereby grant PCCheckCash a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to PCCheckCash in the Feedback.

Termination Policy.
This Agreement may be terminated by PCCheckCash immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. This Software is subject to the PCCheckCash termination policy and PCCheckCash reserves the right to discontinue all support for the Software, and/or for any features, services or content accessible through the Software in accordance with such policy. From time to time, PCCheckCash may change the terms and conditions of this Agreement or the policy. PCCheckCash will notify you of any such change. For the latest version of this Agreement or the policy, go to www.PCCheckCash.com. Your continued use of the Software will indicate your agreement to the change.

Satisfaction Guaranteed. If you are not 100% satisfied with this Software, PCCheckCash's entire liability and your exclusive remedy shall be either:

(a) if you purchased the Software through a reseller or directly from PCCheckCash or other PCCheckCash-authorized distribution channel, delete the Software from your computer(s) and (1) return the Software within thirty (30) days of purchase to the reseller where purchased with a dated receipt for a full refund. (If the reseller is unable to issue a refund, then you must return the Software with a dated receipt within thirty (30) days of purchase to PCCheckCash Returns Department, 1866 Ridgegate Ln. Unit B, Simi Valley, CA 93065, for such refund); or (2) return the Software within thirty (30) days of purchase, with a dated receipt to PCCheckCash Returns at the above address for replacement in the case of a defective disk. If the disk is defective and you would like a replacement disk while this version is still commercially available after thirty (30) days from date of purchase, you may obtain a replacement by sending your defective disk and a check for the applicable amount published by PCCheckCash (currently twenty dollars ($20) per replacement), plus applicable taxes, to PCCheckCash at the address listed above. (For all orders shipped within the U.S., please add all applicable shipping and handling charges, state and local sales tax as well as tax on shipping and handling based on your shipping address); or

(b) if the Software was pre-installed on your computer when you bought it, or if disks came packaged with your computer at no extra charge, and the Software is defective or was installed improperly, you may obtain replacement disks from the company that manufactured your computer, at its option, by sending your request stating the nature of the problem, plus a copy of your dated receipt for the computer on which the Software was installed, to the manufacturer of the computer; or

(c) if you purchased the Software by downloading it to your computer from PCCheckCash or an PCCheckCash-authorized site, and the Software did not install properly, contact PCCheckCash or the PCCheckCash- authorized site for a replacement copy.

DISCLAIMER OF WARRANTIES.
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCCHECKCASH DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT.

PCCHECKCASH DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES PCCHECKCASH WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE SPECIFIED PERIOD OF TIME FOR ALLOWED USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

THIS PRODUCT AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT PCCHECKCASH AND ITS REPRESENTATIVES (AS DEFINED BELOW) ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. PCCHECKCASH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

LIMITATION OF LIABILITY AND DAMAGES.
THE ENTIRE LIABILITY OF PCCHECKCASH AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE AND, IF YOU HAVE A SUBSCRIPTION TO AN PCCHECKCASH SERVICE, UP TO THREE (3) MONTHS OF ANY PCCHECKCASH SERVICE UNLESS OTHERWISE SEPARATELY AGREED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCCHECKCASH AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PCCHECKCASH OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PCCHECKCASH AND YOU. PCCHECKCASH WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

U.S. Government.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. PCCheckCash, 1866 Ridgegate Ln. Unit B, Simi Valley, CA 93065.

Export Restrictions.
You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to [i] the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria or [ii] persons or entities on the U.S. "Denied Persons List", "Specially Designated Nationals List" and "Entities List".

General Provisions.
This Agreement sets forth PCCheckCash's and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and PCCheckCash with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

This Agreement shall govern any services or content related to the Software, unless such services or content are subject to a separate written agreement between you and PCCheckCash or its Representatives. However, the limitations of liability and disclaimer of warranties in this Agreement shall apply to PCCheckCash and its Representatives with respect to such content or services except to the extent provided otherwise in a separate written agreement approved by PCCheckCash between you and PCCheckCash or the applicable Representative(s).

This Agreement does not limit any rights that PCCheckCash may have under trade secret, copyright, patent, trademark or other laws. The Representatives of PCCheckCash are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on PCCheckCash, other than in writing signed by an officer of PCCheckCash. Accordingly, such additional statements are not binding on PCCheckCash and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), except as to copyright patent and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Simi Valley, California, and shall be construed as to its fair meaning and not strictly for or against either party.

Consumer Information and Privacy.
For details about PCCheckCash's privacy policies, please refer to the PCCheckCash Privacy Statement contained either in the Software or on a website designated by PCCheckCash. You agree to be bound by the applicable PCCheckCash privacy policies.

Health Information and Privacy.
If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

PCCheckCash, the PCCheckCash logo among others, are registered trademarks and/or registered service marks of PCCheckCash Inc. in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.

Copyright © 2007 PCCheckCash. All rights reserved.

PCCheckCash

13441 Chase Street

Arleta, CA 91331

©2007 PCCheckCash. All rights reserved.
Terms and conditions, features, support, pricing and service options subject to change without notice.


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