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Terms and Conditions

Terms and Conditions

Please read the following Legal Notices and Terms of Use (“Terms”) carefully before viewing or using this Direct Checks Unlimited Sales, Inc. DBA “Check Gallery” (“Check Gallery”, “we”, or “us”) website. These terms govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site (unless otherwise noted), whether as a guest or registered user. By accessing or using the Site, you signify that you read, understand, and agree to be bound by these Terms, our Acceptable Use Policy, and our Privacy Policy, incorporated herein by reference.

Changes to the Terms


Check Gallery reserves the right to modify these Terms at any time by posting modified Terms, and your continued use of the Site thereafter will constitute agreement with such modifications. All changes are effective immediately when we post them. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If you do not agree to these Terms, do not use this Site.

Authority


By accessing, using or placing orders on the Site, You represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law. If you are agreeing to these Terms or any other agreement for a particular Check Gallery Service on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity, in which case the terms “you”, “your”, “user” or “customer” shall refer to such corporate entity. If Check Gallery finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms including, but not limited to, the payment obligations. Check Gallery shall not be liable for any loss or damage resulting from Check Gallery’s reliance on any instruction, notice, document or communication reasonably believed by Check Gallery to be genuine and originating from you or an authorized representative of your entity.

Definitions


“Content” means any content found on Site and within the Services found at Site, including without limitation any of the following: text, software, software-as-a-service, web pages, whitepapers, product/services data sheets, data, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein.

“Check Gallery”, “we”, “our”, or “us” means Direct Checks Unlimited Sales, Inc.

“Documents” means the documents provided on Site such as white papers, data sheets, FAQs, and other informational documents.

“Services” means any Check Gallery-owned product, service, software, software-as-a-service, good, supply, material, or any other item or service that may be purchased and accessible by you, whether or not branded by Check Gallery or as Check Gallery.

“Site” means any of the websites found at or through checkgallery.com, any website owned, managed, run, operated, or controlled by Check Gallery or any of its affiliates or subsidiaries, or any website linked to from these Terms.

“Third Party Information” means products, services, content, information, website, links, and other content provided by non-Check Gallery providers and their websites.

“You”, “your”, “user” or “customer” means any individual or entity that accesses any Site and/or any of the products, Services, software or other Check Gallery material offered by Check Gallery on any Site.

“User Content” means any data, text, images, photographs, graphics, sound, video or other content you provide to Check Gallery through use of the Site or any Services.

Other Applicable Terms & Conditions


Some content on this Site or the Services offered through the Site may have additional terms and conditions that govern your access and use of the Site or Services. These Terms are in addition to and not in lieu of any specific terms and conditions that apply to any particular Service you are access or purchase from Check Gallery. Any terms and conditions related to the specific Service you purchase are incorporated herein by reference. If there is a conflict between these Terms and any terms and conditions for the specific Service you purchase, then the terms and conditions of the specific Service will govern the conflicting terms.

You agree to use this Site and Services in a responsible manner that complies with these Terms, all applicable local, state, national and international laws, rules, or regulations.

Use of the Site


You are granted permission to access and use the Site and its Content for the sole purpose of preparing, evaluating, and purchasing Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.

Check Gallery assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Check Gallery also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials, data text or images from the Site.

Any communication or material you transmit to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy.

Anything you transmit or post may be used by Check Gallery for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, feedback, and postings. Furthermore, we are free to use, without limitation or restriction, any ideas, feedback, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing Services using such information.

Site Pricing


Check Gallery strives to keep the Site up to date; however, occasional fluctuation in market conditions may change Service prices. Our goal is to honor the pricing shown on the Site, however, we reserve the right to change published prices of Service offered on the Site at any time. If a published Site price is incorrect on an item you have quoted or ordered, we will contact you with the most updated price prior to fulfilling the order.

Site Images


Check Gallery makes every effort to provide clear and color-correct product images on the Site that best reflect the true nature of the products. However, website images are inherently limited in their ability to accurately show color, scale, and detail. Please be careful about making assumptions about products from the Site image alone.

Your Account, Password & Security


In order to transact a purchase on the Site you must first complete the registration process and provide your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete information about Your Account, and any entity on whose behalf you order Services.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You must immediately notify us of any unauthorized use of Your Account or any other breach of security. It is your responsibility to log off from Your Account at the end of each session. We may suspend or terminate Your Account without notice in the event that we reasonably determine that Your Account has been involved in a violation of these Terms or has been subject to unauthorized access or use. You agree to cooperate with us with respect to investigations of any suspected or alleged violation of these Terms and any action we take to enforce them. You are liable for any losses incurred due to any unauthorized use of Your Account. Check Gallery is not liable for any loss or damage arising from your failure to secure Your Account or otherwise comply with this section.

Third Party Information & Links to Other Websites


You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. Check Gallery is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, Check Gallery reserves the right to prescreen Third Party Information.

Intellectual Property


The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Check Gallery or other Third Party Information. You should assume that everything on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without Check Gallery’s prior written permission.

Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without Check Gallery’s prior written permission. Unauthorized use of Content or anything on the Site is strictly prohibited. You acknowledge that Content is provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind and Check Gallery may terminate the permissions granted to you in these Terms at any time.

Check Gallery company names, logos, and all related names, brands, logos, product and service names, designs, and slogans are trademarks of Check Gallery or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are trademarks of their respective owners.

Terms Applicable to Digital Content


Some Services may contain or include with your purchase, images, photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and "online" or electronic documentation (together called the "Digital Content"). You may use, modify, and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with Check Gallery or our licensors and you acknowledge that Digital Content may be used by other Check Gallery customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a website design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content in your possession or control.

Permitted Uses of Digital Content.

During the Term, you may incorporate Digital Content into your own original work and publish your work in a website provided that you take action and ensure that Digital Content is unable to be downloaded or saved by others.

Unauthorized Uses of Digital Content. You may not:

  • Use the Digital Content in webpage design where the Digital Content is in a format designed or intended for storage or reuse by others;
  • Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
  • Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any Service;
  • Create scandalous, obscene, indecent, hateful, defamatory or immoral works using the Digital Content, nor use the Digital Content for any purpose which is prohibited by law;
  • Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
  • Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
  • Use the Digital Content in a manner that Check Gallery deems, in its sole discretion, violates these Terms.

Notice Specific to Documents Available on this Site


You are granted permission to use Documents provided on the Site only if the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and Documents shall not be redistributed.

Materials Provided by You (User Content)


In connection with your use of the Site and Services, you may provide, upload, or otherwise make available to us User Content. You may also have the ability to view, post, publish, share, store or manage User Content via the Site or Services. You agree that you will only upload or use User Content within the Site and Services that you have the right and authority to provide or upload such User Content as well as the authority to grant Check Gallery the licenses and rights to such User Content as set forth in these Terms. By providing the User Content to Check Gallery, you grant Check Gallery a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, fully-sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the User Content in any form. Check Gallery use of the User Content includes, without limitation, the right to incorporate or implement the User Content into any Check Gallery product or Service, and to display, market, sublicense and distribute the User Content as incorporated or embedded in any product or Service distributed or offered by Check Gallery without compensation to you. You warrant that: (a) You have the right and authority to grant this license; (b) Check Gallery’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the User Content have been waived to the full extent allowed by law.

Although we are not obligated to prescreen User Content, we reserve the right to do so, including the right to refuse or remove any User Content that, in our sole discretion, violates these Terms, our Acceptable Use Policy, or is otherwise objectionable.

Check Gallery does not back up User Content. You agree to back up all of your User Content so that you can access and use it when needed. As Check Gallery bears no responsibility for User Content, you agree to accept as a risk the loss of any of your User Content. You agree to indemnify and hold Check Gallery harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.

Purchases of Services; Transfer of Title


Prices are F.O.B. shipping point. This means that the risk of loss and title for Services pass to you upon our delivery to the shipping carrier. For any Service provided in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the Service via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the Service is available for downloading from the Site. Submission of an online order and/or your signature on the Order Acknowledgment is a conditional acceptance by Check Gallery of your offer to purchase Services and your acceptance of Check Gallery’s terms and conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, Check Gallery hereby expressly conditions its acceptance of your offer on Check Gallery’s written agreement of the additional or different terms. Your receipt and retention of the Services covered by this invoice shall constitute acceptance of any such additional or different terms.

Fees & Payments


You agree to pay any and all fees and payments due for Services at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if Services are suspended, terminated, or transferred prior to the end of the Services term. State sales tax will be added to your order where applicable. If you are exempt from sales tax, please provide a copy of your resale exemption certificate.

Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH, if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card, ACH, or other relevant payment information is current and valid. Failure to do so may result in interruption or loss of Services. Check Gallery will not be liable to you or any third party regarding Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement, otherwise, you waive any right to dispute any such discrepancy.

You acknowledge that Check Gallery may use the services of a third party to automatically update Your credit card expiration date. These recurring billing or account updating programs (the “Billing Programs”) are supported by your credit card provider (and are ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card without notifying us.

If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback or initial payment failure for any fee we previously charged or attempted to charge to your credit card, you acknowledge that Check Gallery may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any orders or Services.

Check Gallery reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of Services, (iii) additional time and/or costs we may incur in providing Services to you, and/or (iv) your noncompliance with these Terms as determined by us in our sole discretion. Check Gallery will provide notice of these additional fees as they are incurred. These additional fees will be billed to the credit card or other payment method on file with us.

Check Gallery expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information we have on file, and effective immediately without further notice to you. If you have purchased Services for a fixed time period, changes or modifications in prices and fees will be effective when the Service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel Service subscription(s) and terminate Your Account, however Check Gallery will not refund any remaining portion of any prepaid fees.

If a Service is offered with a special promotion price or period, you agree that all subsequent periods after the initial promotion period will be billed at the then-stated list price for the Service.

Late Fees and Penalties


We reserve the right to charge late fees of 1.5% of the amount due per month (18% annually) or 6% of the amount due plus $10 per month for amounts not timely paid, whichever is more, where allowed by law. You are responsible for all reasonable expenses (including collection and reasonable attorneys' fees) we incur in collecting such amounts.

Shipping & Delivery


Shipping and Arrival Times

Shipping transit times vary, and Check Gallery assumes no responsibility for delays caused by acts of God, shipping carriers, weather, circumstances beyond our direct control, or any damages resulting from the failure to receive an order on time. Your order may arrive late due to unforeseen delays in supply chain, delivery service, the breakdown of equipment, illness, etc.

Target arrival dates are calculated by adding the project turnaround time to the shipping transit time. Both production and shipping times are based on business days only and do not include weekends or holidays. Shipment and delivery dates are the best estimates and Check Gallery is not liable for any consequential or special damages arising from any delay in delivery.

Shipping Charges

Check Gallery is committed to estimating shipping charges as accurately as possible. However, on some occasions, we may underestimate or overestimate shipping charges. In such an event, we may make reasonable authorized adjustments to your shipping charges. You will always be contacted about additional charges. Refusal of charges may delay delivery of your order.

General Shipping Terms

  • Check Gallery is not liable for incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you
  • Check Gallery is not liable for damage to the products arising after delivery to you
  • Satisfaction guarantee does not apply to shipping claims
  • We reserve the right to have you return the original order before reprinting or refunding your order
  • We are not responsible for any damages or claims caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date
  • We can ship most products via USPS to APO or FPO addresses. Please reference the shipping details provided when ordering from the Site.
  • We make every attempt to have products ship from the factory on or before the date specified in the order confirmation or desired due date. In the event of a delay you will be notified as soon as practicable. We typically provide tracking information within 24 hours of shipment
  • Orders of excessive size or weight may be shipped via common carrier (freight line); you will be notified if this is necessary
  • We ship from various manufacturing facilities throughout the United States. If Your order contains multiple items, these items may arrive in separate shipments
  • All products become your property at the time they are accepted by the shipping service

Monitoring User Content


Check Gallery is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or your User Content. Check Gallery has no obligation to monitor the Site or User Content that is provided on or through the Site. However, Check Gallery reserves the right to review the Site and User Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any User Content in its sole discretion.

Term & Termination


The term and termination provisions of these Terms and any applicable Service terms of use vary according to the Services and will be presented to you during the Services selection and ordering process. Check Gallery reserves the right in its sole discretion to immediately terminate your access to the Site or the Services for any reason, with or without notice to you. You agree that Check Gallery may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any content therein. In the event of default by you, any and all payments shall accelerate and become due and payable immediately. Termination of these Terms shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.

Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT AS EXPRESSLY PROVIDED FOR OTHERWISE, THE SITE AND THE PRODUCTS AND SERVICES AVAILABLE VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEREFORE, YOU UNDERSTAND THAT YOUR USE OF THE SITE AND THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHECK GALLERY AND ITS SUBSIDIARIES AND AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.

CHECK GALLERY DOES NOT WARRANT THAT: (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS FROM USING THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY SERVICES PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS; OR (E) THAT ANY DEFECTS, KNOWN OR UNKNOWN, WILL BE CORRECTED. Check Gallery SHALL BE PERMITTED FROM TIME TO TIME TO INTERRUPT ANY SERVICE IN ORDER TO PROVIDE MAINTENANCE AFFECTING THAT SERVICE.

Limitation of Liability


TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CHECK GALLERY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE, OR FOR COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY THAT ARE INCURRED BY YOU OR ANY THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DAT OR DATA USE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

CHECK GALLERY’S LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF ANY SERVICE SHALL BE: (I) REPAIR, REPLACEMENT OR ADJUSTMENT OF THE PRODUCT OR SERVICE, OR (II) WHERE REPAIR, REPLACEMENT OR ADJUSTMENT IS NOT POSSIBLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE PRODUCT OR SERVICE WHICH WAS NON-PERFORMING.

FOR ANY PRODUCT OR SERVICE WE PROVIDE TO YOU, THE AGGREGATE LIABILITY OF CHECK GALLERY, ITS SUBSIDIARIES, AFFILIATES AND AGENTS AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, WILL NOT EXCEED AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO CHECK GALLERY. IN STATES WHERE THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES CHECK GALLERY’S AGGREGATE LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR ANY SUCH ACTION WILL BE PERMANENTLY BARRED.

Indemnification


You shall indemnify, defend and hold Check Gallery, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any Service ordered via the Site including but not limited to your violation of these Terms or policies found on the Site or infringement of any third party proprietary rights by you.

Jurisdiction & Governing Law


Unless otherwise noted in any applicable agreement, these Terms, the Services and all matters arising out of or relating thereto are governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to these Terms or the provision of the Services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

All sections of these Terms which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.

Waiver and Severability


No waiver by Check Gallery of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Check Gallery to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Notice


We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications, however, doing so may also require that you discontinue use of the Services.

You may provide notice by sending written notice by first class mail or prepaid post to:

Attention:

Direct Checks Unlimited Sales, Inc. DBA Check Gallery
A Division of Direct Checks
Lockbox 1345
P O Box 70345
Philadelphia, PA 19176-0345

Such notice shall be deemed effective upon receipt by Check Gallery.

Force Majeure


Check Gallery shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of god, pandemic, endemic, electrical, internet, or telecommunication outage that is not caused by us, including government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.

Support


You may contact Check Gallery’s support services by dialing 1-800-518-5622, Monday-Friday: 6:30 a.m. – 5:30 p.m. (MST) or by emailing us at info@checkgallery.com.

Our mailing address is:

Direct Checks Unlimited Sales, Inc. DBA Check Gallery, A Division of Direct Checks, Lockbox 1345, P O Box 70345, Philadelphia PA 19176-0345.

Additional Terms for Specific Services:


Checks


Payment and Pricing

Payment is due at the time of ordering. Check Gallery will not initiate any order until full payment is received. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by the payment method institution, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

The user of this Site hereby affirms the obligation to pay for any products ordered and dispatched from Check Gallery, irrespective of any initial payment failure. In the event of an initial payment failure, you shall remain liable for full payment as specified in the order. Upon notification of a payment failure, you must rectify the issue and complete payment within 30 days from the date of notification. Failure to comply with this payment obligation will result in additional charges, including but not limited to late fees, interest charges, and costs associated with collection efforts. We reserve the right to pursue all available legal remedies to collect unpaid balances

Color Accuracy for Custom/Photo Checks

Check Gallery will reproduce color from submitted files as closely as possible but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.

Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.

You certify that you have the right to use the image(s) for Custom/Photo Checks.

Check Gallery is not responsible for the following:

  • Inaccurate, low resolution or poor-quality artwork
  • Errors in user-selected options such as product type, size, finishing options, etc
  • Delays due to improperly prepared files

Under these Terms, you agree that you will NOT upload any artwork files consisting of the following material: any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. Check Gallery is unable to print some materials, including anything that violates our Acceptable Use Policy or is deemed inappropriate by Check Gallery in its sole discretion. Check Gallery reserves the right to refuse to print any order or User Content for any reason, at our sole discretion.

Shipping and Arrival Times

Shipping transit times may vary and all shipping and arrival dates are estimates, not guarantees.