Terms of Use
Last Revision: December 25, 2013
IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE CHECKONCILE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If You do not agree with the terms of this Agreement, do not use the Service.
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet domain CHECKONCILE.COM, as owned and operated by LAMPDAN.COM, a Texas company. By using checkoncile.com you agree to be bound by the terms and conditions of this Agreement, which may change periodically.
You should print this Agreement for your records.
1. Accepting the Terms
Whether you are a Visitor (meaning you simply browse this website) or you are a User (meaning you have registered with checkoncile.com), you agree to be bound by this Agreement. To become a User, you must read and accept this Agreement before Registration.
You must be of legal age to accept this Agreement.
2. Privacy and your Personal Information
3. Description of the Service
The Service is an enhanced, online checkbook register that allows Users to consolidate and track their financial information.
The Service is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
The Service is incapable of making deposits or withdrawals, nor is it capable of transferring funds or editing banking data.
4. Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Service. Your email address and password, together with any other contact information you provide form your Registration Information.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate.
If you become aware of any unauthorized use of your Registration Information, you agree to notify support@checkoncile.com immediately.
5. Your Use of the Service
Your right to access and use checkoncile.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use checkoncile.com for lawful purposes.
Your access and use of checkoncile.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of checkoncile.com or other actions that LAMPDAN.COM, in its sole discretion, may elect to take.
6. Intellectual Property Rights
ALL of the contents of the domain checkoncile.com are protected under both United States and other applicable copyright, trademark and other laws. You are granted the right to view and use checkoncile.com subject to these terms. You may download or print a copy of information provided on checkoncile.com for your personal, internal and non-commercial use only. Any distribution or reproduction of any content from checkoncile.com in whole or in part for any other purpose is expressly prohibited.
7. Access and Interference
You agree that you will not:
- Use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor checkoncile.com or any portion of checkoncile.com;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search checkoncile.com, other than the search engines and search agents available through the Service and other than generally available web browsers;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of checkoncile.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of checkoncile.com or the Service.
8. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH CHECKONCILE.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. LAMPDAN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF CHECKONCILE.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
LAMPDAN.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON CHECKONCILE.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. LAMPDAN.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
9. Limit of Liability
LAMPDAN.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CHECKONCILE.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF LAMPDAN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, LAMPDAN.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO DELIVERY OF YOUR STORED DATA/TRANSACTIONS.
10. Indemnification of LAMPDAN.COM
You shall defend, indemnify and hold harmless LAMPDAN.COM and its owners, officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
11. Billing/Payment Terms
The Service is free for the first 7 days. After that, it costs $30 per year. Payments are not refundable.
Keeping all Billing Data up-to-date will help prevent a lapse in service. You must notify LAMPDAN.COM in order to change your Payment Method.
You agree to promptly notify LAMPDAN.COM if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your login credentials or password.
As long as your account remains active and in good standing, you will be charged the Annual Subscription Fee even if you never use the service. You may, however, cancel your Paid Plan at any time.
12. Ending our relationship
This Agreement will continue to apply until terminated by either you or LAMPDAN.COM as set out below.
If you want to terminate this legal agreement with LAMPDAN.COM, you may do so by closing your account for the Service. Use the directions below to cancel your account:
- Login to your checkoncile.com account.
- Go to "settings" (click the "gear" button on the lower right).
- Click the "delete my checkoncile account" button at the bottom of the page (scroll down).
- Click "OK" on the resulting confirmation.
LAMPDAN.COM may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if LAMPDAN.COM in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the email address provided by you as part of your Registration Information.
13. Modifications
LAMPDAN.COM will modify this Agreement from time to time.
Any and all changes to this Agreement will be posted on the checkoncile.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
14. Governing Law and Forum for Disputes
This Agreement, and your relationship with LAMPDAN.COM under this Agreement, shall be governed by the laws of the State of Texas without regard to its conflict or choice of laws provisions. Any dispute with LAMPDAN.COM, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Bexar County Dispute Resolution Center, Texas. You understand that, in return for agreement to this provision, LAMPDAN.COM is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with LAMPDAN.COM, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
15. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if LAMPDAN.COM does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which LAMPDAN.COM has the benefit of under any applicable law), this will not be taken to be a formal waiver of LAMPDAN.COM's rights and that those rights or remedies will still be available to LAMPDAN.COM.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and LAMPDAN.COM regarding the subject matter of the same, and supersedes all other previous agreements.
Last Revision: December 25, 2013