Checkless, Inc. Terms of Service

Last Updated: December 4, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CHECKLESS SITE OR SERVICES

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT (THE “TERMS”) BETWEEN YOU AND CHECKLESS, INC. BY SIGNING UP FOR AN ACCOUNT OR USING THIS WEBSITE (THE “SITE”), YOU ACCEPT ALL TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, DO NOT USE THE ACCOMPANYING SITE.

‘Site’ will hereinafter be used collectively to refer to all websites owned and/or controlled and operated by Checkless, Inc. or any of its subsidiaries, affiliates, agents, licensees or assigns, and which have an affixed hyperlink to these Terms. The terms “Checkless” or “we” refer to Checkless, Inc., a Delaware corporation, and any of its subsidiaries and affiliates. The term “Services” will mean all services offered by Checkless, including without limitation payment facilitation services, as such may change from time to time.

Checkless reserves the right to modify these Terms. Checkless will post notification of any such changes on the Site in question by changing the “Last Updated” date above and will post any revised Terms in this location. If our changes reduce your rights or increase your responsibilities we will provide notice to you of at least 21 days. Your continued use of Site or Services following notice of changes to these Terms will mean you accept any and all such changes, effective as of the date of such change. Checkless retains the right to decline or terminate Services to any user who violates these Terms. 

1. Limited License to Use the Services

All use of any Services that link to these Terms, whether accessed directly or through a third-party website (e.g., a social network), and the relationship between Checkless and you, with respect to your use of the Services, is governed by these Terms. Subject to your compliance with and acceptance of the terms and conditions set forth in these Terms, you may use the Services. Any use of the Site or Services not in accordance with the Terms, or other express terms or conditions is expressly prohibited.

2. Ownership

All title, ownership rights and intellectual property rights in and to the Services and the Site (including without limitation any user accounts, software, titles, computer code, technology, artwork, trademarks, copyrights, moral rights, any related documentation and the Site) are owned by Checkless or its licensors. The Site is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Services and Sites may contain certain licensed materials, and Site’s licensors may protect their rights in the event of any violation of these Terms.

3. Consent

By providing your Personal Information (as defined in the Privacy Policy, the terms of which are incorporated herein by reference) to create an account with Checkless (“Account”) you consent to Checkless using such information to provide the Services. You may withdraw your consent by ceasing to use the Services or by deleting your Account.

4. Your Account

To create an Account, you must be a resident of the United States (or one of its territories) or own a U.S. bank account, and be at least 18 years old. Keep confidential any credentials you use to access your Account and the Services. You must keep your email address and other Personal Information current in your Account.

You may close your Account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your Account even after your Account is closed.

In certain cases, you may not close your Account, including:

  • To evade an investigation;
  • If you have a pending transaction, a processing transaction, or an open dispute or claim;
  • If you owe amounts to us, such as pursuant to a reversal or insufficient funds; or
  • If your Account is subject to a hold, limitation or reserve.

You may view your Account statement by logging into your Account on the Services.

5. Unsecured Claim

Any money sent to you on Checkless represents an unsecured claim against us and is not insured by the Federal Deposit Insurance Corporation (FDIC). 

6. Fees

Checkless receives a flat processing fee from each transaction on our platform.  Please visit checkless.com to review that fee.

7. Security Reviews

We review Account and transaction activity at various times, including when bank transfers are initiated. This review checks for, among other things, suspicious or illegal activity, and whether your Account activity and the activity of users with whom you’ve transacted comply with these Terms. In connection with our review process, you may be required to provide us with additional information and/or documentation to complete the transaction. We may limit your Account and your access to money or that is sent to you until verification is completed.

Reviews may result in:

  • Delayed, blocked or cancelled transfers;
  • Money or payments being held by us;
  • Money or payments being applied to amounts you owe to us or used to offset loss incurred by us;
  • Account limitation, suspension or termination;
  • Money or payments being seized to comply with a court order, warrant or other legal process; and/or
  • Money or payments you previously received being reversed.

Among other reasons, we may take the above actions if you knowingly or unknowingly were a participant in a payment that was made from a compromised bank account, or compromised Account. 

8. Refunds, Refusals, and Chargebacks

Payments may be invalidated and reversed by us if, among other reasons, payment was sent to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated these Terms or any other agreement with us.

As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment in our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your Account to cover the liability.

When recovering the amount of an invalidated payment from you, we may apply any money sent to you on the Services, engage in collection efforts to recover such amounts from you or place a limitation or take other action on your Account as outlined in these Terms.

If we invalidate a payment because the originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your Account was not authorized, then you must notify us immediately, even if you (or someone else) disputes the transaction with the originating bank. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

9. Dwolla

In order to use the payment functionality of our application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at checkless.com or help@checkless.com.

Dwolla reserves discretion over whether to allow you to open or continue to use your Dwolla account. Checkless has no control over Dwolla’s processes or decisions regarding your account. 

10. Restrictions on Use

In connection with your use of our Site, your Account, the Services, or in the course of your interactions with us, other users, or third parties, you must not:

  • Breach these Terms, the Privacy Policy, the Third-Party Terms, any other terms or privacy policies referenced herein, or any other agreement between you and us;
  • Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
  • Infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  • Act in a manner that is defamatory, trade libelous, threatening or harassing;
  • Provide false, inaccurate or misleading information;
  • Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;
  • Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
  • Control an Account that is linked to another Account that has engaged in any of these restricted activities;
  • Use the Services in a manner that results in or may result in:
    • complaints;
    • disputes; claims, reversals, chargebacks,
    • fees, fines, penalties or other liability or losses to Checkless, other customers, third parties or you;
  • Use your Account or the Services in a manner that we, Dwolla, Plaid, or any other electronic funds transfer network reasonably believes to be an abuse of the system or a violation of applicable rules;
  • Have any amounts owed to us;
  • Access the Services if you are neither a United States Citizen nor the owner of a United States bank account;
  • Take any action that imposes an unreasonable or disproportionately large load on our Site;
  • Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or Services;
  • Interfere or disrupt or attempt to interfere with or disrupt our Site or Services;
  • Take any action that may cause us to lose any of the services from our Internet verification providers, processors, or other suppliers or service providers;
  • Circumvent any of our policies or determinations about your Account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional Account(s) when you have amounts owed to us or when your Account has been restricted, suspended or otherwise limited; opening new or additional Accounts using information that is not your own (e.g. name, address, email address, etc.); or
  • Harass and/or threaten our employees, agents, or other users.

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect ourselves, our users, and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following:

  • Terminating these Terms or limit your Account;
  • Refusing to provide the Services to you in the future;
  • Limiting your access to our Site or Services;
  • Updating inaccurate information you provided us;
  • Taking legal action against you; or
  • Seeking recourse for damages to us caused by your violation of these Terms.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any other user, or a third party caused by or arising out of your breach of these Terms and/or your use of the Services.

11. Indemnification

You agree to defend, indemnify and hold Checkless harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, your improper use of the Services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Account or access our Site or Services (including any networks and servers used to provide any of the Services) operated by us or on our behalf.

12. Limitation of Liability

In no event shall Checkless be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our Site or Services (including any networks and servers used to provide any of the Services), or these Terms (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct, actual damages or $50, whichever is less. In addition, to the extent permitted by applicable law, Checkless is not liable, and you agree not to hold Checkless responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our Site or Services; (2) viruses or other malicious software obtained by accessing our Site or Services; (3) glitches, bugs, errors, or inaccuracies of any kind in our Site or Services; (4) the content, actions, or inactions of third parties; (5) a suspension or other action taken with respect to your Account; or (6) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to these Terms or our policies.

13. No Warranty

We do not have any control over the products or services provided by other parties who use Checkless. We cannot ensure that another Checkless user you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our Site and Services may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that payment requests are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as third party vendors or delays in the banking system. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

14. Your Release of Us

If you have a dispute with any other Account holder, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

15. Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the United States and the State of Tennessee, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of any state or federal courts located in the County of Davidson, Tennessee, United States of America for any claims or proceeding arising out of or related to these Terms, the Site, or Services, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.

16. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire agreement between you and Checkless relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Checkless with respect to such subject matter.

17. Waiver

The failure by Checkless to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.