1.2 These Terms constitute the entire, complete, and binding agreement between you and Thecheckstubs with respect to the Website and Software.
1.4 THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR SOFTWARE. BY USING THE WEBSITE OR SOFTWARE IN ANY WAY AND FOR ANY PURPOSE, WITH OR WITHOUT A USER ACCOUNT AND FROM ANY DEVICE AND LOCATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. You and Thecheckstubs understand and agree that:
1.4.1 You have read and understood these Terms and you accept and agree to be bound by these Terms as they appear on each respective date that you use the Website or Software.
1.4.2 You assume all the obligations set forth herein;
1.4.3 You are of sufficient legal age and capacity to use the Website and Software;
1.4.4 You are not under the control of jurisdiction that explicitly prohibits the use of similar software;
1.4.5 You use the Website and Software at your discretion and under your own responsibility.
2. SUBJECT MATTER OF THE TERMS
2.1 These Terms apply between Thecheckstubs and the User using the Website and Software. The Software is made available to you via the Website, on a computer or mobile device.
2.2 These Terms constitute a legally binding agreement between you and Thecheckstubs and cover the operation and provision of the Software. The Software is provided to natural persons and legal entities and is intended to create pay stubs and other documents that we may make available from time to time. You shall not use the Software to falsify any documents, create fraudulent documents, or otherwise misrepresent any person or entity in any way.
2.3 Thecheckstubs may update or revise these Terms from time to time, with or without notice to you.
3. DOCUMENT CREATION
3.1 Legal Compliance: Before creating a Document using the Software, it is your sole responsibility to ensure that doing so is allowed by the laws of your jurisdiction. You must not use the Software if such use is prohibited by law.
4.1 Permitted Use: You may only use the Software for its intended purpose, which is to create and manage Documents. You agree not to use the Software for any unlawful or fraudulent purpose, or to upload or transmit any content that is harmful, threatening, abusive, defamatory, vulgar, or otherwise objectionable. You must not attempt to reverse engineer, hack, or bypass any measures used to protect the Software, and you must not create fraudulent Documentation or violate any applicable laws or third-party rights.
4.2 Confidentiality: Your Document is personal to you, and you must not provide access to any other person. You are responsible for maintaining the confidentiality of your data, and for monitoring and restricting access to your devices. Thecheckstubs will use reasonable security measures to protect your information, but you must notify us immediately of any unauthorized access or breach of security. Thecheckstubs will not be liable for any damage or loss caused by the unauthorized use of the Software or the creation of fraudulent Documentation.
5.1 Thecheckstubs provides software and services directly related to the operation of the software. Thecheckstubs do not provide financial, investment, legal, tax, or any other professional advice. Thecheckstubs is not a broker, financial advisor, investment advisor, portfolio manager, or tax advisor. Thecheckstubs is not responsible for your use of any information obtained on the software.
5.2 Thecheckstubs strives to ensure the accuracy of the information listed on the website but does not hold any responsibility for any missing or wrong information. No content on the software is tailored to the specific needs of any individual, entity, or group of individuals. Thecheckstubs express no opinion as to the future or expected value of any currency, security, or other interest.
5.3 The performance of the software is directly linked to the performance of third-party services. Thecheckstubs disclaims all responsibility for the non-performance of the software caused by non-performance of unrelated third-party services.
5.4 You may lose some or all of your funds. Cryptocurrencies are a new and insufficiently tested technology, and there are risks associated with the use of the software and the creation of the documents provided herein.
5.5 These Terms are not intended to, and do not, create or impose any fiduciary duty on Thecheckstubs.
6. INTELLECTUAL PROPERTY AND THE LICENSE FOR THE USE OF THE SOFTWARE
6.1 The Software, Documents, trademarks, and other intellectual property objects displayed, distributed, or otherwise made available via the Software is the exclusive property of Thecheckstubs, and its successors, assigns, licensors, and/or suppliers. Unless specifically provided in the Terms or if you have agreed otherwise in writing with Thecheckstubs, nothing in these Terms gives you a right to use the Documents, Software and its content, Thecheckstubs’ trademarks or other intellectual property of Thecheckstubs.
6.2 Thecheckstubs grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your personal or commercial use, as described in these Terms, for the period you access the Software and the functions related to the Subscription, if relevant.
6.3 Unless you have been permitted in writing to do so in a separate agreement with us, you have no right to rent, lease, lend, sell, redistribute, sublicense, copy, reverse, engineer, decompile, disassemble, translate, modify, distribute copies of, make available, adapt, or create derivative works based on the Software or its related intellectual property.
6.5 By entering or making available Content via the Software or the creation of a Document, you grant Thecheckstubs the Right of Use and Exploitation for any purpose, including but not limited to providing the software, conducting research, developing new products and services, predictive analytics and insights, improving and further developing the software, and other commercial use. The Right of Use and Exploitation covers the right to amend, edit, and translate the content, as well as to store, reproduce, disseminate, make accessible to the public, send, sell, license, disclose publicly and non-publicly, and otherwise make available the Content.
7. PRICES, PAYMENT TERMS AND REFUNDS
7.1 Prices, discounts, and promotions posted on the website are subject to change without notice. When you place an order for a document, you will be charged the price advertised on the website at the time of your order, subject to the terms of any promotions or discounts, your geographic location or residence, and your chosen payment method.
7.2 If Thecheckstubs increases prices, the increase will only apply to purchases made after the increase takes effect. Prices posted on the website may not include applicable discounts or taxes until the payment information is fully completed by you. While Thecheckstubs strives to display accurate price information, they may on occasion make inadvertent errors related to pricing and availability. Thecheckstubs reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
7.3 Payment for the creation of a document or other products and services must be initiated at the time of order submission. Failure to complete payment to Thecheckstubs’ satisfaction will result in no provision of the final version of the document you created.
7.4 Any available and convenient payment method currently available in the software may be used for purchases. However, Thecheckstubs does not guarantee the availability of any payment method at any moment. Thecheckstubs may add, remove, or suspend any payment method temporarily or permanently at their own discretion.
7.5 Any payments made through the software and for the software may be subject to applicable state, federal, or other taxes. You are solely responsible for payment of any applicable taxes, whether local, state, federal, international, or other. Thecheckstubs will not deduct, charge, pay, or calculate any tax and is not liable for any failure of the user to pay taxes.
7.6 By purchasing the software and/or a license to use documents, you acknowledge that your payment is for using the software and/or for a license to use digital products. You agree to carefully review your order before making payment. You represent and warrant that the payment information you supply to Thecheckstubs is true, correct, and complete, that you are authorized to use the payment method you provide, that charges incurred by you will be honoured by the issuer of your payment method, and that you will pay charges incurred by you at the posted prices, including all applicable taxes, regardless of the amount quoted on the website or through the software at the time of your order.
7.7 Unless otherwise required by applicable law, Thecheckstubs has no obligation to provide a refund or a credit. Because the software and documents are intangible, they are non-exchangeable, non-cancellable, nonrefundable, and nonreturnable after you download the document. By downloading the document, you agree that the document is "used."
7.8 You understand that you are purchasing the software from Thecheckstubs via a payment service provider ("PSP"). Unless otherwise required by law, you are obligated to contact Thecheckstubs support service for any issues related to payment transactions before contacting the PSP or financial institution.
7.9 Using the software via the Internet may lead to incurring costs that you will have to pay to your service provider.
8. USER TERM AND TERMINATION
8.1 These terms remain in full force and effect upon any access or use of the software, as they may be updated from time to time.
8.2 You may terminate these terms at any time by ceasing to use and access the website and software.
8.3 Thecheckstubs may terminate these terms for your material breach of these terms, in its sole and absolute discretion
9. Third-Party Content
9.1 Informational content provided through the Software must be used for informational purposes only. Any investment or financial decision made based on the content is at your discretion. You should seek professional advice, research and verify any information provided by us or third parties before making any investment decision or any other decision. Any content provided through the Software is furnished as-is, and we do not guarantee its accuracy or completeness.
9.2 The Software may contain links to third-party platforms for your convenience. These third-party platforms are not under our control, and we are not responsible for their content. The inclusion of these links does not imply our recommendation or endorsement of any products, services or information offered on these third-party platforms. You access these third-party platforms at your own risk.
10. Availability of the Software
10.1 Thecheckstubs will attempt to make the Software always available, but we cannot guarantee it. The Software is provided on an as-is, as-available basis, and we do not guarantee specific availability. We are not liable for any interruptions or faults.
10.2 The Software is available on mobile devices and computers. The quality and availability of the Software may be affected by factors outside our control. You are solely responsible for any software and hardware requirements and any data charges and fees associated with accessing and using the Software through a mobile device.
10.3 We have the right to make changes to the Documents, Website, Software and its functions.
10.4 We may suspend or interrupt the provision of the Software, entirely or partially, without any liability to you.
11. Warranty Disclaimer
11.1 Your use of the Software is provided "as is" and "as available". We expressly disclaim all other warranties and conditions, express or implied, including, without limitation, any representation, warranty, or condition of merchantability, fitness for a particular purpose, title, or non-infringement, completeness, security, reliability, suitability, accuracy, currency, or availability, error-free, uninterrupted, and defects-free.
11.2 We do not provide any warranties or representations regarding the Software, including that (i) the Software will meet your requirements; (ii) the Software will be uninterrupted, timely, secure or defects-free; (iii) the results obtained from the use of the Software will be accurate or reliable; or (iv) any defects will be corrected.
11.3 We cannot guarantee or warrant that files or data available for downloading from the Internet or the Software will be free of viruses or other destructive code. You are solely responsible for your use of the Software and your computer, internet, and data security.
11.4 We are not liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Software or any services or items found or attained through the Software.
12. LIMITATION OF LIABILITY
12.1 Thecheckstubs does not make any warranties or representations other than those explicitly mentioned in these Terms. The Software has not been developed to meet your individual needs.
12.2 Thecheckstubs and its respective directors, officers, employees or agents shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you in connection with your use of the Software, however, caused and under any theory of liability including, but not limited to, any loss of profit, lost opportunities, loss of data suffered, or other intangible loss.
12.3 Our maximum aggregate liability to you shall be limited to the subscription prices paid by you to us over the 12 (twelve) month period preceding the claim by you.
13.1 You agree to defend, indemnify, and hold harmless Thecheckstubs, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of or access to the Website and Software, including, but not limited to, your content, submissions, personal information provided by you, third-party platforms, any use of the intellectual property, services, and products other than as expressly authorized in these Terms.
14. SUPPORT AND REPORTING
14.1 We only provide support services for the operation of the Software. Should you become aware of misuse of the Software, including libellous or defamatory conduct, you must report it to Thecheckstubs. We recommend contacting us for assistance if you experience any issues regarding the Software by emailing [email protected].
15. ARBITRATION AND DISPUTE RESOLUTION
15.1 At least 30 days prior to initiating an arbitration, you and Thecheckstubs each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution.
15.2 You and Thecheckstubs mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Website, Software, Documents, or any information provided on, in, or through the Website, Software, or Documents, (collectively, “Disputes”) will be settled by binding individual arbitration.
15.3 Any Dispute must be commenced within one hundred and twenty (120) days after the cause of action accrues. Otherwise, such claim or cause of action is waived and permanently.
15.4 This Section 15 evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision.
15.5 Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules.
15.6 The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction.
15.7 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY FOR ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND Thecheckstubs, ITS OFFICERS, DIRECTORS, OR EMPLOYEES, ACTING IN THEIR CAPACITY AS SUCH OFFICER, DIRECTOR, OR EMPLOYEE.
15.8 If we change this Section 15 after the date you last accepted these Terms.
16.2 The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
16.3 If any provision of these Terms is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
16.4 The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or another form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
16.5 These Terms and any contractual or non-contractual disputes arising out of or in connection with the use of the Software will be governed by and in accordance with the State of Texas, without regard to its conflicts of laws provisions.
16.6 You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
16.7 Thecheckstubs may transfer its rights and obligations under these Terms to a third party.
17.1 We may provide any notice to you under these Terms by (i) sending a message to the email address you provide to us and consent to us using, or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
17.2 To give us notice under these Terms, you must contact us by email at [email protected].
17.3 To request the consent of Thecheckstubs for any of the actions for which such consent is required under these Terms, please send an email to [email protected]. Thecheckstubs reserves the right to refuse any such requests at its sole discretion.