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Direct Checks Unlimited Sales, Inc. (DBA "Check Gallery") maintains the www.checkgallery.com web-site (the "Site") to provide information, products and services. Your access and use of the Site, including any purchases made on the Site, is subject to the following Terms & Conditions ("Terms & Conditions"). By accessing and using the Site, you accept, without limitation or qualification, the Terms & Conditions. If you do not agree to the Terms & Conditions, do not access or use this Site. Check Gallery may, at any time, revise the Terms & Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms & Conditions.
HYPERLINKS. Check Gallery provides links to other sites. Check Gallery is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or the content of their sites. Check Gallery does not assume any responsibility or liability for the actions, product, services or content of any such link or site. Your linking to, and access and use of such sites and resources is at your own risk.
INTELLECTUAL PROPERTY. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks and all copyrightable materials displayed on the Site constitute intellectual property owned by Check Gallery or which Check Gallery has the right to use on the Site (the "Check Gallery Intellectual Property"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Check Gallery Intellectual Property displayed on the Site without the prior written permission of Check Gallery. Unauthorized use of the Check Gallery Intellectual Property displayed on the Site, or any other content on the Site, is strictly prohibited.
PRODUCT DESCRIPTIONS AND PURCHASES OF PRODUCTS AND SERVICES. Check Gallery does not warrant that product or service descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. If a product offered by Check Gallery is not as described, your sole remedy is to return the product in unused condition. Check Gallery will replace any Check Gallery manufactured product found to contain printing errors caused by Check Gallery or to be defective in workmanship or materials. While Check Gallery takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections and, therefore, no other warranty is given. Products not manufactured by Check Gallery represented on the Site are subject to the applicable warranty/return policies offered by the manufacturers of such products.
MATERIALS PROVIDED BY YOU. In connection with your use of the Site and the purchase of Products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion ("User Content"). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Products or Services. All such comments and postings are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed. Check Gallery does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Check Gallery and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE IS PROVIDED BY CHECK GALLERY ON AN "AS IS" AND "AS AVAILABLE" BASIS. CHECK GALLERY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CHECK GALLERY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM CHECK GALLERY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHECK GALLERY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
THE WARRANTY SET FORTH ABOVE IN THE HEREIN TERMS & CONDITIONS IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL CHECK GALLERY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY NATURE OR DESCRIPTION, DAMAGES RESULTING FROM ANY USE OR MISUSE OF ANY PRODUCT OR ANY ACT OR OMISSION BY CHECK GALLERY, NOR WILL CHECK GALLERY BE LIABLE FOR ANY BREACH OF WARRANTY (OR OTHER OBLIGATION BINDING UPON CHECK GALLERY) IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT OR SERVICE ACTUALLY PAID TO CHECK GALLERY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
OTHER TERMS. This Site and these Terms & Conditions will be governed and be interpreted pursuant to the laws of the State of Colorado, United States of America, notwithstanding any principles of conflicts of law. A printed version of these Terms & Conditions and of any notice, consent, approval or other communication given in electronic form will be admissible in any judicial or other proceeding involving these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms & Conditions constitute the entire agreement between you and Check Gallery relating to the use of the Site and any purchases made through the Site.
Check Gallery is a DBA of Direct Checks Unlimited Sales, Inc.
Direct Checks Unlimited Sales, Inc.
P O Box 70345
Philadelphia PA 19176-0345