Terms of Service
1. ACCEPTANCE OF TERMS
2. USE OF SERVICE
Checks.Sage.com currently provides users with access to a large collection of online design and printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Checks.Sage.com features, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that Checks.Sage.com assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
3. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password and account. You agree to (a) immediately notify Checks.Sage.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Under no circumstances will Checks.Sage.com be liable for any loss or damage arising from your failure to comply with this Section 3.
4. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Checks.Sage.com, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree that you will not use the Service to send, upload, post or otherwise transmit any Content that contains:
- child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile;
- a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail;
- any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States;
- any defamatory remarks directed at any other person or company; or
- any content that infringes the intellectual property rights or other proprietary rights of Checks.Sage.com or any third party. Checks.Sage.com does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will Checks.Sage.com be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
You understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders a print item using your password, you grant Checks.Sage.com the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for Checks.Sage.com to complete your order or until you delete the Content from the Service.
You acknowledge that Checks.Sage.com does not pre-screen Content, but that Checks.Sage.com and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. You further acknowledge and agree that Checks.Sage.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that the Content violates the rights of third-parties; or
- protect the rights, property, or personal safety of Checks.Sage.com, its users and the public.
You agree to indemnify and hold Checks.Sage.com, and its subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of the rights of a third party.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Checks.Sage.com may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on Checks.Sage.com's servers for Customer use. You agree that Checks.Sage.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that Checks.Sage.com reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that Checks.Sage.com reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
8. MODIFICATION OR TERMINATION TO SERVICE
Checks.Sage.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 to you. You agree that Checks.Sage.com, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if Checks.Sage.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Checks.Sage.com may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that Checks.Sage.com shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
9. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Checks.Sage.com shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
From time to time, you may find, links to third party websites from the Service. You acknowledge that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. Checks.Sage.com does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these other websites. You further acknowledge and agree that Checks.Sage.com shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECKS.SAGE.COM EXPRESSLY DISCLAIMS 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.
- CHECKS.SAGE.COM MAKES NO WARRANTY THAT
- THE SERVICE WILL MEET YOUR REQUIREMENTS,
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACURATE OR RELIABLE, AND
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHECKS.SAGE.COM OR THROUGH THE USE OF THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHECKS.SAGE.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHECKS.SAGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- YOUR USE OR INABILITY TO USE THE SERVICE;
- YOUR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
13. TRADEMARK INFORMATION
Sage and Checks.Sage.com are trademarks of Sage Software, Inc. ("Marks"). You shall not display or use in any manner, the Marks, without prior written permission. All other brand and product names found on the Checks.Sage.com site are considered trademarks or registered trademarks of their respective companies. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you in Content or onto materials and merchandise to be printed via the Checks.Sage.com Service. Words, names, and designs used by others to identify their services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials in Content from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.
14. COPYRIGHT INFRINGEMENT
Checks.Sage.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sage Software, Inc.’s General Counsel the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Sage Software, Inc.’s General Counsel can be reached by mail as follows:
Sage Software, Inc.
P.O. Box 27207
Salt Lake City, UT 84127
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Checks.Sage.com and govern your use of the Service, superseding any prior agreements between you and Checks.Sage.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between you and Checks.Sage.com shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. You and Checks.Sage.com agree to submit to the personal and exclusive jurisdiction of the courts located within Bexar County, Texas. The failure of Checks.Sage.com to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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 these TOS 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 these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Service group via email to [email protected] or by telephone at 800-617-3224 from Monday - Friday 7:00am to 7:00pm Central Standard Time.
17. TEXT MESSAGING
1. Consent to receive Text Messages
If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing (and signing) your prior express written consent to receive recurring marketing or promotional and support text messages from us (each, a "Text Message") sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying "STOP" to any Text Message you receive from us. For help, reply "HELP" to any Text Message you receive from us or email [email protected].
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by emailing [email protected].
2. Fees for Text Messages
In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will Checks.Sage.com or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
3. Your Receipt of Text Messages
If your carrier does not permit Text messages, you may not receive the Text Messages. Neither Checks.Sage.com nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an "AS IS" basis.
4. Your Data
5. Dispute Resolution (Choice 1)
These Terms shall be governed by the laws of the State of Texas without regard to its choice of law provisions. All actions or proceedings arising out of, or related to, this Agreement shall be brought only in an appropriate federal or state court in Bexar County, Texas and the parties hereby consent to the jurisdiction of such courts over themselves and the subject matter of such actions or proceedings. THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.
6. Dispute Resolution (Choice 2)
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING INDIVIDUAL ARBITRATION, AMONG OTHER THINGS.
Any and all disputes, claims and causes of action (collectively, "Claims") arising between you and us (whether based in contract, statute – including, without limitation, the Federal Telephone Consumer Protection Act and state telemarketing laws), regulation, ordinance, tort—including, but not limited to, fraud, any other intentional tort or negligence—common law, constitutional provision, respondent superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these terms, must be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer-Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws.
YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION; (B) NOTWITHSTANDING SUBPARAGRAPH A, IN THE EVENT A CLAIM PROCEEDS IN COURT , WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) SUBPARAGRAPH A NOTWITHSTANDING, EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.
Court review of an arbitration award is extremely limited. An arbitrator is empowered to award the same damages and relief as a court, however, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction.
You may seek arbitration of a Claim by sending an AAA “Demand for Arbitration” to the AAA, available at Arbitration Form. If not using the AAA form, your written Demand for Arbitration must include: a brief explanation of the dispute; your name and address and our company’s name and address; the amount of money in dispute; the requested location for any in-person hearing; and a description of what you are seeking from the arbitration. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. If an in-person arbitration hearing is required, then that hearing will be conducted either in New York, New York or, at your option, in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you reside at the time the dispute is submitted to arbitration Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. You and we further agree that any arbitration award and any judgment confirming such an award applies only to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself, and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, or the United States District Court for the Southern District of New York.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such court’s jurisdiction. For Claims that are not subject to arbitration or resolution in small claims court, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of New York (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.)
No Class Action Matters. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Claims will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on any basis involving Claims brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. This section (the class action waiver) is an essential part of this Agreement. If, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims.