TERMS OF USE

Updated: 07/06/2018

lnterchecks Technologies, LLC ("INTERCHECKS") owns and operates the website located at www.Interchecks.com ("Website"). To provide on-line access to information about INTERCHECKS and its products and services (“Services”). By accessing and/or using this Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you open an Account with Interchecks and use the Services, you also agree to comply with the terms and conditions set forth in the Interchecks Service Terms and Conditions, as updated from time to time, and any agreement or other document that may be executed by you in connection therewith. INTERCHECKS reserves the right to modify the Terms of Use, at any time, without notice. It is your responsibility to check these Terms of Use periodically for changes. Your use of the Website following any modifications signifies your agreement to accept and be bound by the Terms of Use, as modified. If you do not agree to the Terms of Use, do not use the Website.

Internet Browsers:

This Website supports Internet Explorer 8.x or higher, Safari 3.2.x or higher, FireFox 3.x or higher and Chrome 13.x or higher.

Use of Website:

All text, graphics, logos, user interfaces, images, photos, trademarks, artwork, designs, computer code and layout that appears on the Website (“Content”) is owned or licensed by or to Interchecks and is protected by intellectual property laws. You may use the Website and the Content only for purposes to learn about INTERCHECKS, its products and services and for no other purposes. INTERCHECKS transfers no right, title or interest in the Content to you, whether as a result of your downloading or printing content or otherwise. You may not use, alter, copy, republish, transmit, or otherwise distribute, in any way (including “mirroring”)   any portion of the Website or its Content, or create another work based on our Content or the Website, without Intercheck’s prior written consent. Your unauthorized use of the Content and Website is strictly prohibited.

You represent that you are at least eighteen (18) years of age. If you are under the age of 18, you represent that you are accessing or using this Website while under the direct supervision of your parent or legal guardian.

You agree that you will not use this Website for any unlawful purpose or for any purpose prohibited by the Terms of Use. The purposes prohibited by these Terms of Use include:

  • Selling, reselling or offering for sale or resale any Content or aspect of this Website;
  • By-passing any measures INTERCHECKS uses to prevent, restrict or otherwise limit access;
  • Using the Website to send altered, deceptive or false information;
  • Using the Website to intercept, collect or store personal information of others;
  • Using the Website to spam or phish or otherwise impact the operation of the Website or the integrity of the use of the Website by INTERCHECKS or others;
  • Accessing, monitoring or copying any Content or information on the Website, including but not limited to by means of robots, screen scrapers, data mining software or similar tools;
  • Framing or otherwise incorporating all or any portion of the Website into any other site;
  • Decompiling, disassembling or reverse engineering any of the software or Content used in any part of the Website;
  • Placing, sending or otherwise transmitting any virus or using any malicious programs or techniques in connection with the Website;
  • Overloading or otherwise crashing or attempting to crash the Website; and
  • Engaging in any high volume data transfers or bandwidth use via the Website.

Use of Marks:

You may not copy or use the names, marks or logos of INTERCHECKS or those of any of its licensors, in whole, in part, in modified form or otherwise. Certain third-party trademarks, logos and brands may appear on the Website, and those are the sole property of their respective owners. INTERCHECKS is independent of its member TPAs, and none of the terms of any agreement between you and a member TPA has any effect on or relation to these Terms.

Links:

We provide links to third party Websites solely as a convenience to you. These links are not controlled by or affiliated with Interchecks in any manner, whatsoever. Interchecks has not reviewed these websites nor is it responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. Any third party links that Interchecks provides on its Website does not constitute or imply any endorsement, sponsorship or recommendation by INTERCHECKS of that third party, its website or the contents of its website. You agree that if you use those links, you will be subject to that third party's terms of use, its privacy policy and information security policy and any other terms, policies, conditions or agreements applicable to that third party's website. You may not link or otherwise connect our Website or any Content without our prior written permission.

Disclaimer of Warranties:

INTERCHECKS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT OUR PRODUCTS OR SERVICES ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND ITS CONTENT AND ANY PRODUCT OR SERVICE DESCRIBED. INTERCHECKS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. INTERCHECKS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. WE MAKE NO GUARANTEE OR WARRANTY THAT THE WEBSITE OR ANY USE OF THE WEBSITE WILL BE FREE OF INFECTION BY SOFTWARE VIRUSES, MALWARE, OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS.THE WEBSITE IS PROVIDED ON AN "AS IS" AND ''AS AVAILABLE" BASIS.

ALL RIGHTS, OBLIGATIONS AND COVENANTS OF INTERCHECKS AND ANY INTERCHECKS USER WITH RESPECT TO ANY INTERCHECKS PRODUCT OR SERVICE SHALL BE SUBJECT TO THE TERMS AND CONDITIONS OF A WRITTEN CUSTOMER SERVICE AGREEMENT, IF APPLICABLE, AND/OR SERVICE TERMS. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.

Limitation of Liability:

IN NO EVENT WILL INTERCHECKS, ITS OWNERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (11) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED OR THE CONTENT, OR (111) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS OR SERVICES DESCRIBED, OR THE CONTENT, EVEN IF INTERCHECKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF INTERCHECKS, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification:

You agree to indemnify, defend and hold harmless Interchecks, its owners, directors, officers and agents from and against all claims, losses, expenses, damages and costs (including, but not limited, to direct, incidental, consequential, exemplary, and indirect damages) and reasonable attorneys fees, resulting from or arising out of or in connection with your use of the Website.

Miscellenaous:

These terms will be governed by and construed under  the laws of the State of Florida without regard to its conflict of laws. By using this Website, you hereby consent to the exclusive jurisdiction  of the federal or state courts in and for Palm Beach County and waive any jurisdictional venue or inconvenient form objections to such courts. You further agree to comply with any applicable federal, state and local laws in your use of the Website.