Welcome and thank you for choosing to use the e2check service. e2check includes many divisions. Subcontractors include NoCheck Payment Service, LLC. Please read these Terms and Conditions ("Terms and Conditions") carefully before continuing your enrollment for e2check. In this Agreement, "we," "us" or "our" refers to e2check and, where specified, its Subcontractors, and "you," "your" or "yours" refers to the user of e2check. This Terms and Conditions supplements and is incorporated in our agreement(s) with you.
1. ACCEPTANCE OF TERMS
a. e2check provides its e2check service to you, subject to these Terms and Conditions and our agreement(s) with you, as the same may be amended from time-to-time without notice to you. Your use of e2check will be subject to all guidelines or rules applicable to e2check then in existence.
b. You agree that by establishing an e2check account, you accept the Terms and Conditions then in effect. Your continued use of e2check after amendments have been made to the Terms and Conditions evidences your acceptance of such amendments.
c. Unless explicitly stated otherwise, any new features that augment enhance or otherwise change the e2check service shall be subject to the Terms and Conditions.
d. e2check reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, in whole or in part, e2check membership with or without notice.
e. Upon our request, you agree to sign and deliver to us a non-electronic version of these Terms and Conditions.
2. DESCRIPTION OF e2check SERVICES
Users
of e2check have the option of having authorized payments deposited directly
into their bank checking or savings account rather than receiving payment by
check. To take advantage of e2check, your bank must be a member of the
Automated Clearing House (ACH). Participation in e2check is voluntary.
Enrollment in e2check and the deposits of payments from e2check are handled through e2check's Subcontractors. By submitting a completed enrollment in e2check through this website, you authorize e2check to share information with, and process payments through, its Subcontractors, as more fully explained herein. Except as provided in Section 5 below, your Bank Account Information Data (as defined in Section 3(b)) is not shared.
3. REGISTRATION
a. To use e2check, you must provide us with such information as we deem necessary to allow us to validate your identity and verify that you are the owner of, or an authorized user of, the specified bank account. Additionally, you authorize e2check to use and retain this information in accordance with the Privacy Policy herein (see Section 5 below). The information that you provide may be validated against information we already have on file that is associated with you and your bank account, information we receive from one or more third parties, or information maintained by a third party.
b. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the e2check signup form (collectively, the "Bank Account Information Data"), and (ii) maintain and promptly update the Bank Account Information Data to keep it true, accurate, current, and complete. If you provide any Bank Account Information Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Bank Account Information Data is untrue, inaccurate, not current or incomplete, we may suspend, terminate or refuse your current or future use of e2check. You represent and warrant that all information that you provide to us in connection with your e2check enrollment is true and correct and that you have the legal right to use and withdraw funds from all of the bank account that you register for e2check.
c. If you are unable to provide us with sufficient information to validate your identity, your e2check enrollment may not be approved.
d. If you do not successfully register for e2check we will not be able to use your bank account for Bank Account Information.
e. To use e2check, you must have the ability to access the World Wide Web and must pay any service fees associated with such access. In addition, you must have access to the equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
f. If you have a question regarding the e2check enrollment process or a transaction using e2check, you should direct that question to our Customer Service Center at 888-642-4325 Monday thru Friday between 8 a.m. and 10 p.m. Eastern Time.
5. PRIVACY POLICY
a. e2check stores your Bank Account Information Data which is securely held by NoCheck to assist in processing payments and, except as provided below, your Bank Account Information Data will not be shared.
b. You acknowledge and agree that e2check may keep and maintain your Bank Account Information Data. Further.
c. e2check may disclose your Bank Account Information Data to third parties only (1) if required to do so by Applicable Law, as such term is defined in Section 7(ix), (2) in the good faith belief that such disclosure is permitted or required by Applicable Law or (3) if the disclosure is reasonably necessary to (i) comply with legal process or (ii) enforce these Terms and Conditions.
Your Bank Account Information Data and all personal identifying information that we obtain or maintain for e2check is subject to this Privacy Policy.
7. YOUR CONDUCT
You agree not to:
i. Impersonate any person or entity using e2check;
ii. Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment used by e2check;
iii. Spam or flood the e2check website or service or provide others with the information, access or ability to do so;
iv. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the e2check website or service or the software used in connection with e2check;
v. Remove, misappropriate or misuse any copyright, trademark or other proprietary rights notices contained on the e2check website;
vi. "Frame" or "mirror" any part of the e2check website or service without e2check's prior written authorization;
vii. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the e2check website or service or its contents;
viii. Otherwise interfere with, or disrupt, e2check or servers or networks connected to the e2check website, or violate these Terms and Conditions or any requirements, procedures, policies or regulations of e2check or of any networks connected to e2check; or
ix. Violate any applicable local, state, national or international statute, regulation, regulatory guideline or judicial or administrative interpretation (collectively, the "Applicable Law"), or any rule or requirement established by e2check.
8. LIABILITY
a. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of e2check.
b. Under no circumstances will e2check be liable for consequential, incidental, special or indirect losses or other damages, such as any damage to your computer or telephone service resulting from your use of e2check.
c. We assume no responsibility for, and will not be liable for, any damages to, or any viruses that may affect your computer equipment or other property on account of your access to, use of or downloading from, this e2check website.
9. TERMINATION
a. If you want to end your enrollment in e2check, you must contact e2check Customer Service Center at 888-642-4325 Monday thru Friday between 8 a.m. and 10 p.m. Eastern Time.
b. We may temporarily or permanently deactivate your ability to use e2check and/or terminate your e2check relationship with us at any time, with or without fault on your part.
10. DISCLAIMER OF WARRANTIES
a. You understand and agree that any software that you obtain or use through or in connection with the e2check enrollment service will be obtained and used at your own discretion and risk. Except as otherwise provided in this Terms and Conditions Agreement, you will be solely responsible for any damage to your computer system or loss of data.
b. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES ABOUT e2check AND ITS ENROLLMENT SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. NOTICE
Notices may be sent to you via either e-mail or regular mail to any address in your Bank Account Information Data or other information that you have provided to us in connection with your account with us and/or bank account that you provided to us.
12. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use e2check and to create binding legal obligations for any liability you may incur as a result of the use of e2check. Except as otherwise provided by Applicable Law or in our agreement(s), you understand that you are responsible for all uses of e2check by you and those authorized by you to use your Bank Account Information Data or other verification information. You have the responsibility to verify that a funds have been made into your bank account before attempting to withdraw or use the funds.