VersaCheckOnline.com End User License Agreement (Terms of Use)

PLEASE PRINT AND RETAIN FOR YOUR FILES

1. ACCEPTANCE OF TERMS

Welcome to VersaCheckOnline.com™. These VersaCheckOnline.com Terms of Service (this “Agreement”) sets forth the terms and conditions governing your use of the VersaCheckOnline.com Service (“VersaCheckOnline.com”), which is offered for your personal information and use. Your submission of information and your access and use of VersaCheckOnline.com is subject to this Agreement. This Agreement is between you and the owner or authorized licensor of VersaCheckOnline.com (“VersaCheckOnline-Authority” or VersaCheckOnline) and the VersaCheckOnline-Authority may rely on and enforce this Agreement. Please read it carefully. By submitting information to VersaCheckOnline.com and/or accessing and browsing VersaCheckOnline.com you accept and agree to abide by, without limitation or qualification, this Agreement. If you do not agree to be bound by this Agreement you may not use VersaCheckOnline.com, or access this web site.

2. OVERVIEW OF SERVICE

VersaCheckOnline.com provides a fully automated online payment service based on a stand-alone computer platform running executable software 24/7. The service does not engage human operators other than required to provide basic operating conditions and internet connectivity needs as provided through a data center. VersaCheckOnline.com is available to the public worldwide to facilitate check payments provided by users. The VersaCheckOnline database maintains records the member creates while using VersaCheckOnline.com. VersaCheckOnline.com is NOT a bank, financial or depository institution and VersaCheckOnline.com does NOT provide financial and/or funds transfer, verification or guarantee services.

3. LICENSE AND SITE ACCESS

VersaCheckOnline.com grants you a limited license to access and make personal use of the VersaCheckOnline.com services, the VersaCheckOnline.com web sites, and any and all associated software. You may not download (other than page caching) or modify any of the VersaCheckOnline.com web pages, any software owned by or licensed to VersaCheckOnline.com or any of its affiliates, or any portion thereof, except with the express written consent of VersaCheckOnline.com. This license does not include any right of resale or commercial use of VersaCheckOnline.com, or any associated software; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the VersaCheckOnline.com web sites, or associated software; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit VersaCheckOnline.com, the VersaCheckOnline.com web site, any associated software, and/or any portion thereof for any commercial purpose, without the express written consent of VersaCheckOnline.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of VersaCheckOnline.com and its affiliates without the express written consent of VersaCheckOnline.com. You may not use any meta-tags or any other “hidden text” utilizing the VersaCheckOnline name or trademarks without the express written consent of the VersaCheckOnline-Authority. Any unauthorized use terminates the permission or license granted by the VersaCheckOnline-Authority. You may not use any VersaCheckOnline logo or other proprietary graphic or trademark as part of the link without express written permission from the VersaCheckOnline-Authority. You agree to use VersaCheckOnline.com only for bona fide and lawful purposes. You may not use VersaCheckOnline.com to conduct gambling or other illegal activities. Subject to the enforcement limitations imposed by an in general unrestricted internet access and use of the VersaCheckOnline.com website, VersaCheckOnline.com has the right to use its best efforts to block your VersaCheckOnline.com use in its sole and absolute discretion, if the VersaCheckOnline-Authority believes that you are using VersaCheckOnline.com for any illegal or improper purposes, and you agree that VersaCheckOnline.com will not be held responsible or liable to you or any other person for such attempts to interfere with your use and refusal to process any data submission.

4. ELIGIBLE USERS

In order to use VersaCheckOnline.com,

    You must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law.

    You must have a valid and active e-mail address.

    You must have a valid mobile phone number and associated active mobile phone registered under your name which can accept and send SMS messages.

    You must be authorized to use and enter the information and data you submit for processing by VersaCheckOnline.com.

    You must have a valid bank account.

5. CONSENT TO ELECTRONIC COMMUNICATIONS

    General Consent. You understand and agree that this Agreement will be entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

        this Agreement and any amendments, modifications, or supplements to it,

        any disclosures or notices in connection with VersaCheckOnline.com, including, without limitation, those required by law,

        any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of VersaCheckOnline.com, and although VersaCheckOnline.com reserves the right to provide Communications in paper format at any time, you agree that VersaCheckOnline.com is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the VersaCheckOnline.com service.

    How to Withdraw Consent. If you have started using VersaCheckOnline.com and you wish to withdraw your consent to have Communications provided in electronic form, you must stop using VersaCheckOnline.com. There are no fees associated with stopping use of VersaCheckOnline.com.

    How to Update Your Records. Your records and user data are maintained under your sole control using applicable software running on your computer and NOT the VersaCheckOnline.com data server.

    Delivery of Electronic Communications. Communications are delivered primarily via email using your valid email account or text message enabled phone. All electronic Communications will be deemed to have been received by you no later than five (5) business days after the VersaCheckOnline-Authority sends it to you by e-mail or posts the Communication on your text message enabled phone, whether or not you have received the e-mail or retrieved the Communication. An electronic Communication by e-mail or text message is considered to be sent at the time when it is directed by the VersaCheckOnline.com e-mail or text message server to the applicable e-mail address or phone number. You agree that these are reasonable procedures for sending and receiving electronic Communications.

    Hardware and Software Requirements. In order to access and retain Communications, you must have:

        An e-mail account and e-mail software capable of interfacing with VersaCheckOnline Mail.

        A stationary or mobile personal computing device (“Device”), operating system and telecommunications connections to the Internet capable of supporting the foregoing.

        Sufficient electronic storage capacity on your device’s hard drive or other data storage unit.

        A printer that is capable of printing from your device, browser, e-mail software and any associated installed software application.

6. USING VersaCheckOnline.com SERVICE

VersaCheckOnline.com, unless operated via a subscribed account. Changes to the website and scope of service are in sole discretion of the VersaCheckOnline-Authority. Customer service related to VersaCheckOnline.com is provided primarily via computer generated e-mail messaging or text messages to enabled phones only. Computer generated Customer service email or text messages addresses frequently asked questions and user needs in order of priority as determined by the VersaCheckOnline-Authority in its sole discretion.

7. ON TIME TRANSMISSION

VersaCheckOnline.com has no information about how the information entered by its users has been acquired and will be used. VersaCheckOnline.com does not make any guarantees on on-time transmission of data. VersaCheckOnline.com uses its best efforts via commercially reasonable means to transmit all data without delay using state of the art computing systems.

8. LIMITATION ON USE

There are no pre-set limitations to any authorized use of VersaCheckOnline.com.

9. ENTERING AND TRANSMITTING DATA

You can submit data for validation by entering the required information into the VersaCheckOnline.com provided software and browser displayed pages. You consent to have your name and e-mail address forwarded by VersaCheckOnline to the VersaCheckOnline registered email address or text message enabled phones associated with each account holder who has allegedly authorized the check items you wish to verify through VersaCheckOnline. Once you submit data, you cause an e-mail to be sent to the alleged issuer of the check you wish to verify notifying the recipient that you inquire about a check. You agree that the VersaCheckOnline-Authority will not be responsible or liable in any manner for any claims you may have, or any claims made against you by any person, arising out of any dispute you may have with a VersaCheckOnline user. You are solely responsible for ensuring that the data you are validating or verifying is correct.

10. BANK ACCOUNT SAFEGUARD AND VALIDATION INFORMATION

VersaCheckOnline.com utilizes state of the art network security, management, backup, recovery and encryption techniques when necessary to protect, maintain and secure sensitive data. Also see paragraph 16.

11. REQUESTS FOR VERIFICATION

It is your responsibility to verify authenticity of checks you may have received. You may only request data for valid and lawful purposes, and should have a pre-existing relationship with each person from whom you request data. You may not use the request feature to transmit any “junk mail,” “spam,” “chain letters,” or “pyramid schemes”, or to conduct any gambling or other illegal activities. VersaCheckOnline.com makes no representations or warranties of any kind regarding any requests for data that are transmitted through VersaCheckOnline.com.

12. YOUR OBLIGATION TO PROVIDE COMPLETE AND ACCURATE INFORMATION

You represent and warrant that all information you provide to VersaCheckOnline in connection with VersaCheckOnline.com, including but not limited to all data entered in connection with any data delivery and associated transactions, will be complete and accurate in all respects. IF YOU PROVIDE FALSE INFORMATION, YOUR VersaCheckOnline.com USE IS IN BREACH WITH THIS AGREEMENT AND YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

13. YOUR REPRESENTATIONS REGARDING DATA

You represent and warrant in connection with each data submission that (a) the data, including names and e-mail addresses are accurate, (b) the transaction and purpose is lawful and authorized.

14. BUSINESS DAYS

Some provisions of this Agreement make reference to “business days.” For purposes of those provisions, VersaCheckOnline.com “business days” are Monday through Friday, excluding federal holidays. However, VersaCheckOnline.com is available on-line even on days that are not business days.

15. IN CASE OF UNLAWFUL ACTIVITY, ERRORS OR QUESTIONS ABOUT YOUR DATA DELIVERY

Write to VersaCheckOnline.com Customer Service at info@VersaCheckOnline.com as soon as you can, if you think an error in the data delivery process may have occurred or your validated bank account is subject to unauthorized use, and the associated VersaCheckOnline account validation status must be terminated. In your communication:

    provide the Customer Service system with your name and email address associated with VersaCheckOnline.com

    describe the unlawful activity, error, and explain as clearly as you can why you believe it is an unlawful activity or error or why you need more information

To protect privacy and sensitive identity information, in no event will VersaCheckOnline.com request a password.

16. PASSWORD PROTECTION

In the event you setup a password to review personal data – not transaction data – stored in your discretion, you agree not to divulge your password to any unauthorized person(s), and you agree not to use another person’s VersaCheckOnline.com user name or password without proper authorization. You agree VersaCheckOnline.com shall not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person. VersaCheckOnline.com does not collect sensitive personal data such as driver’s license number, Social Security number, Passport ID number, member birth dates or other sensitive personal data in order to help consumers and businesses maintain their privacy and security while conducting personal and business financial activities.

17. YOUR LIABILITY FOR LOST OR STOLEN PASSWORDS

If you believe that your password has been lost, stolen or compromised in any way or that someone has initiated or may initiate a data transmission without your permission immediately contact and warn anyone who could be contacted fraudulently in your name.

18. INDEMNIFICATION

You agree to indemnify and hold VersaCheckOnline.com, its subsidiaries, affiliates, directors, officers, shareholders, employees, agents, suppliers and subcontractors harmless from any claim or demand, including but not limited to reasonable attorney’s fees, made by any third party arising out of or in connection with your use of VersaCheckOnline.com.

19. TERMINATION

VersaCheckOnline.com understands that unrestricted user access to uncontrolled setup of new email accounts by third party internet email providers limits its ability to enforce termination of its free, no-membership, email-based service to otherwise anonymous internet users. However, the VersaCheckOnline-Authority notwithstanding puts you on notice that you are in material breach with its terms of use and will use its best efforts and without liability to you, undertake to terminate or suspend your ability to use VersaCheckOnline.com, if:

    you attempt to submit data without proper authorization;

    you use VersaCheckOnline.com, directly or indirectly, for any unlawful or improper purpose;

    you provide incorrect, false or deceptive information about yourself or any other third party;

    you use or attempt to use VersaCheckOnline.com for tampering, hacking, modifying or otherwise corrupting the security or functionality of VersaCheckOnline.com or any other website;

    VersaCheckOnline.com receives conflicting claims and complaints regarding your VersaCheckOnline.com use;

    VersaCheckOnline.com receives a garnishment, levy or other legal process associated with your use of VersaCheckOnline.com;

    you have breached any representation or warranty, term or condition of this Agreement.

20. SYSTEM MALFUNCTIONS

VersaCheckOnline.com is not liable for any loss resulting using the VersaCheckOnline.com platform, including without limitation the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, “hacking,” unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars or government restrictions, or for any information lost due to malfunction or loss of any e-mail systems.

21. COPYRIGHTS AND TRADEMARKS

All of the material on VersaCheckOnline.com, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned by the VersaCheckOnline-Authority, by third parties who have licensed their material to VersaCheckOnline.com, or by advertisers on www.VersaCheckOnline.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without express written permission from VersaCheckOnline. All contents of the VersaCheckOnline.com web sites are copyrighted under: Copyright© 2022 VersaCheckOnline. All Rights Reserved. The name VersaCheckOnline.com™, and the names of other VersaCheckOnline products and services referenced herein are trademarks of the VersaCheckOnline-Authority.

22. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VersaCheckOnline.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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

23. LIABILITY; LIMITATIONS

VersaCheckOnline.com does not provide fund transfer services and shall have no liability with respect thereto. YOU EXPRESSLY UNDERSTAND AND AGREE THAT VersaCheckOnline SHALL NOT BE LIABLE 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 VersaCheckOnline.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

24. CHANGES TO THIS AGREEMENT

This Agreement may be modified or amended by the VersaCheckOnline-Authority from time to time without notice, except as may be required by law. You can return here at any time to review the most current version of this Agreement. You may terminate your use of VersaCheckOnline.com at any time if you do not agree with any modification or amendment. If you use VersaCheckOnline.com after notice of an amendment or modification is made available to you, you will be deemed to have accepted that amendment or modification.

25. USE OF INFORMATION AND DISCLOSURE TO OTHERS

You agree that any information about you, your transactions or your accounts that you provide or that the VersaCheckOnline.com server receives in connection with VersaCheckOnline.com will be used and treated in compliance with the PRIVACY posting on VersaCheckOnline.com, which describe VersaCheckOnline.com policies regarding disclosure and use of such information.

26. FEES AND REFUNDS

Certain features of VersaCheckOnline.com require fees or payments for their associated subscriptions and/or activities. These fees and payments are non-refundable. In the event a bank account withdrawal is rejected by your bank, there is a $25.00 non-refundable fee charged for this event. Before completing a purchase from VersaCheckOnline.com, please be sure your bank account and routing number information entered during validation are correct in order to avoid a rejection and associated $25 fee. Any unpaid rejection fees may result in account suspension, as determined in the sole discretion of VersaCheckOnline.com.

As a member of VersaCheckOnline.com (herein “You” or “Your”), it is Your sole responsibility to monitor Your bank accounts for errors and maintain adequate credit balances in Your bank account to avoid detrimental bounced checks, overdrafts and similar transactions. You are solely responsible for preventing, detecting and minimizing bank account overdrafts, bank charges, bounced checks, returned items, unauthorized transactions and other similar undesired debit transactions (herein “Debits”) in Your bank account by adequately monitoring Your own bank accounts.

Only Your efforts, or those of Your authorized designees, can prevent, detect and minimize Debits in an accurate and timely manner.

VersaCheckOnline.com products and services are designed to assist you, the bank account owner, to make Debit prevention and detection, and business transactions, more accurate, economical and timely. However, no VersaCheckOnline product or service can work effectively to help You achieve these goals unless You, the bank account owner, manage Your bank accounts, in Your sole and absolute discretion, with care, accuracy and steady diligence. VersaCheckOnline does not monitor Your bank account activity and is not responsible in any way for any activity in Your bank accounts.

By using VersaCheckOnline.com, You agree to maintain adequate funds in Your bank accounts to cover all transactions You undertake that in any way utilize VersaCheckOnline products or services.

Any properly reported failure of Your transactions to clear Your bank account that negatively affects another VersaCheckOnline.com member or non-member will cause the VersaCheckOnline system to disable all possible use of that bank account number within the VersaCheckOnline.com website and any associated VersaCheckOnline enabled products, services or programs.

When a bank account number on VersaCheckOnline.com is disabled, this has no effect on the real bank account that You own. VersaCheckOnline.com is not a financial institution and VersaCheckOnline.com does not maintain any deposits or balances on behalf of customers. In addition, VersaCheckOnline.com does not cause the transfer of any funds between members or non-members.

You and/or the other party to a failed transaction may re-enable a disabled bank account number on the VersaCheckOnline.com system by taking the following dispute resolution steps (also outlined on the VersaCheckOnline.com website), which, are generally:

    the recipient of a bounced check confirms to VersaCheckOnline.com website that the item has been cured, or

    the creator of the bounced check (You) can confirm the item has cleared or been replaced in order to cure the NSF item incurred by the recipient.

VersaCheckOnline.com, in its sole, absolute discretion and judgment, may find it necessary to maintain any bank account number listed in the VersaCheckOnline system records in a disabled status for any time length VersaCheckOnline.com deems necessary under the circumstances to protect the safety, reliability and the reputation of the website, its products and services, for its members.

You agree to indemnify and hold harmless VersaCheckOnline.com, its employees, owners, officers, agents and affiliates from any financial or non-financial claims or liabilities that may arise due to Debits in your bank account.

27. CREDIT CARD POLICIES

Seller accepts select Credit Cards. Seller uses industry accepted methods to verify card holder address and card code information. Orders for which this information cannot be positively verified will be declined by Seller but the authorized funds may be held by the card issuing bank as per the issuing bank’s rules and regulations. Seller does not accept prepaid credit cards, gift card credit cards, etc., that do not allow Seller to verify the billing address of the account holder. If customer still uses such cards unbeknownst to Seller the amount authorized may be held by the issuing bank. Seller will not be able to release such authorized funds!

28. ASSIGNMENT

You may not assign this Agreement to any other party. VersaCheckOnline.com may assign this Agreement, or delegate certain of its rights and responsibilities under this Agreement to third parties without notice to you.

29. NO WAIVER

VersaCheckOnline.com shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have made the waiver. Any delay or failure of VersaCheckOnline to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a waiver of any rights or remedies on any other occasion.

30. GENERAL INFORMATION

This Agreement and the VersaCheckOnline privacy policy (incorporated in full by this reference) constitutes the entire agreement between you and the VersaCheckOnline-Authority regarding the use of VersaCheckOnline.com, and supersedes any prior agreements between you and VersaCheckOnline to the extent that they might otherwise apply to VersaCheckOnline.com. Otherwise, any such other agreements remain in full effect in accordance with their terms. You may also be subject to additional terms and conditions that may apply when you use related services or third-party software. This Agreement and the relationship between you and VersaCheckOnline.com shall be governed by international law without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts located within the County of Hessen, Germany. If any provision of this Agreement 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 this provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to the use of the VersaCheckOnline.com service or this Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred, notwithstanding any statute or law to the contrary.

31. GOVERNING LAW & VENUE

The governing law of this agreement is based on the laws of the state in which the VersaCheckOnline-Authority is registered.