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User Agreement for CheckingPal Service.
This Agreement applies to your use of CheckingPal.com's payment service and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, CheckingPal.com will refer collectively to CheckingPal and their respective parent or subsidiary companies, affiliates, officers, employees and agents.
By checking the consent box on the account sign-up page, you represent that you understand and accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms. This Agreement was last modified on January 01, 2001.
1.) User Responsibilities
(a) Eligibility. In order to use the Service, you must register for a Personal, or Business account. You agree that you will register for and maintain no more than one Personal or Business Account. CheckingPal.com reserves the right to terminate duplicate accounts. You must be at least 18 years of age to register for an account. If you are under the age of 18 you are not permitted to use this site.
(b) No Multiple Accounts. Should you register for more than one Personal Account, CheckingPal.com reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account and/or one Business Account.
(c) Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, CheckingPal.com has the right to terminate your use of the Service and CheckingPal.com, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize CheckingPal.com and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
(d) International Use. To be eligible for an account, you must be a resident of the United States.
(e) Spending Limits.
All checks must clear before payment will be forwarded to designated payee.
If a user submits an insufficient funds check, that user will not be permitted to submit any further checks until the insufficient check funds and fees are collected in full. Three insufficient checks will terminate users account.
(f) Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe CheckingPal. When you receive a payment through the Service, unless you follow the steps necessary to qualify for our Seller Protection Policy described in Part IV of this User Agreement, you are not protected against a subsequent reversal of the transaction. In the event that the sender’s transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe CheckingPal.com for the amount of the reversed transaction plus any fees imposed on CheckingPal.com as a result of the reversal. Examples of such a reversal include, but are not limited to, an insufficient check by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen check or unauthorized bank account. CheckingPal.com will seek to recover the funds from you by debiting your checking account and, if there are not sufficient funds in your checking account, CheckingPal.com reserves the right to collect your debt to CheckingPal by any other legal means. You authorize CheckingPal.com to charge your checking account in the amount of any debt to CheckingPal. You authorize CheckingPal.com to obtain a credit report on you in the event that you incur a debt to CheckingPal.com.
COMING SOON!
(g) Electronic Transfers. Upon your request, CheckingPal.com will make electronic transfers via the Automated ClearingHouse (ACH) system to and from your U.S. bank account. You agree that such requests constitute authorization for such transfers. If you request an electronic transfer from your bank account, you grantCheckingPal.com the right to validate the authenticity of your bank account by making two small deposits to your bank account at CheckingPal.com's own expense. Your bank account and your CheckingPal account will be considered verified once you correctly enter the deposit amounts on the CheckingPal.com web site. Support for international bank accounts is coming soon.
CheckingPal.com will never make electronic transfers from your bank account without your explicit permission. Furthermore, CheckingPal.com provides you unlimited protection against unauthorized withdrawals from your bank account.
(h) Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing CheckingPal.com with a correct and operational e-mail address. CheckingPal.com will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify CheckingPal.com of any change in your e-mail or postal mailing address.
(i) Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the CheckingPal.com web site and/or delivered to your e-mail address. You will print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. CheckingPal.com reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying CheckingPal.com of your decision to do so, by sending an email message to support@checkingpal.com or by telephoning customer service. If you revoke your consent to receive Communications electronically, CheckingPal.com may terminate your right to use the Service.
(j) No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has used unsolicited email to gain referrals. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
(k) Privacy. Our Privacy Policy is posted here. You agree that you have had an opportunity to review, download or print our Privacy Policy. You consent to have your name, email address, date of sign-up, and whether you have verified (or not verified) an account at another financial institution made available as identification to anyone whom you have paid or who is attempting to pay you through the CheckingPal.com Service.
(l)Handheld Devices. In the event of the loss or malfunction of your handheld device, payments made since your last connection to the CheckingPal server may be lost, and CheckingPal.com Corp. disclaims all liability for such loss.
(m) Not a Bank. You acknowledge that (i) the Service is not a banking service (ii) Service accounts are not insured by any government agency of any nation, (iii) the Service is not subject to banking regulations and (iv) CheckingPal.com will invest in liquid assets and that interest earned on those assets will be the property of CheckingPal.com.
(n) Passwords. You may not divulge your account password(s) to anyone else, nor may you use anyone else's password. CheckingPal.com is not responsible for losses incurred by Users as the result of their misuse of passwords.
(o) Close Account. You may close your account at any time, provided all applicable fees for services and account management have been paid in full. You will remain liable for all obligations related to the account even after such account is closed. CheckingPal.com reserves the right to record, maintain and possess all records of users of this service, whether electronic or other for as long as the law requires. You may contact us at info@checkingpal.com to request a copy of specific records made from your account. Such information will only be released when it is confirmed that your identification has been positively obtained.
(p) Hacking. If you use, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
(q) Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of CheckingPal.com. CheckingPal.com reserves the right to transfer any right or obligation under this Agreement without your consent.
(r) Indemnification. You agree to indemnify and hold CheckingPal.com, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
(s) Choice of Law. This Agreement is governed by the laws of the state of Kansas, U.S.A as such laws are applied to agreements entered into and to be performed entirely within Kansas by Kansas residents.
(t) Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Garden City, Kansas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or CheckingPal.com may seek any interim or preliminary relief from a court of competent jurisdiction in Garden City, Kansas necessary to protect the rights or property of you or CheckingPal.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
2.) Rights and Disclaimers of CheckingPal.com
Processing. CheckingPal.com shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and check issuance's are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Miscellaneous Disclaimers.
(a) CheckingPal.com reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
(b) CheckingPal.com shall not be responsible for payments made to unintended Recipients due to the input of incorrect information by Senders or for payments made in incorrect amounts. CheckingPal.com shall not be responsible for the verification of the identity of Users.
(c) CheckingPal.com shall not be responsible for any information lost due to malfunction or loss of a handheld device.
(d) CheckingPal.com shall not be obligated to pay a User for any Payments for which CheckingPal.com has not been fully paid by the Sender's bank account or check issuer.
(e) CheckingPal.com will not have any liability in connection with any unauthorized interception or use of data relating to you or the CheckingPal service; any inability to use or access the service or the CheckingPal web site for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which CheckingPal.com Corp. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
(f) In no event shall CheckingPal.com be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use business service or the CheckingPal web site or any of the associated services, even if CheckingPal.com Corp. has been advised of the possibility of such damages. In no event shall CheckingPal.com Corp. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
3.) Restrictions.
CheckingPal.com , at its sole discretion, reserves the right to restrict an account for any one of the following events:
Reports of unauthorized or unusual checking account use associated with the account including, but not limited to, notice by the check issuing bank
Reports of unauthorized or unusual bank account use associated with the account
Complaints received regarding non-shipment of merchandise, merchandise not as described, or problems with merchandise shipped
Initiation of a charge back process through your issuing bank
Receipt of potentially fraudulent funds
Unconfirmed identity
Initiation of transactions considered to be cash advances or assisting in cash advances
Sending unsolicited, commercial email or posting referral links on web sites where they are not permitted
Opening multiple Personal accounts
The account has been used in or to facilitate fraudulent activity
Inability of United States Postal Service to deliver the street address confirmation letter to the address associated with the account
Reports of someone other than the intended recipient receiving the Street Address Confirmation letter in the mail
Name on the bank account associated with the CheckingPal account does not match the name on the CheckingPal account
Insufficient funds in the checking account to cover the return of an Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number
Insufficient funds in the checking account to cover the return of a check sent in for deposit.
Use of an anonymizing proxy.
4.) Termination.
CheckingPal.com, in its sole discretion, reserves the right to terminate this Agreement, access to its web site, or access to Service without notice for any reason and at any time.
5.) Trademarks.
CheckingPal.com, CHECKINGPAL, checkingpal and all related logos, products and services described in this web site are either trademarks or registered trademarks of CheckingPal.com , or their licensers, and (aside from "Use of Logos" below) may not be copied, imitated or used, in whole or in part, without the prior written permission of CheckingPal.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CheckingPal.com and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CheckingPal.com.
Use of Logos. Notwithstanding the above, HTML logos provided by CheckingPal.com through its Affiliate Program, Web Accept feature, or Auctions Tools features ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to CheckingPal.com or the CheckingPal service. Logos may not be displayed in any manner that implies sponsorship or endorsement by CheckingPal.com. CheckingPal.com is a payment service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
III. Insurance Against Unauthorized Access
In General. CheckingPal.com protects Users from unauthorized transactions against your online account with up to $10,000 in coverage per loss of Remote Internet Access Insurance. There are no additional fees to receive this benefit.
1.) Insurance Terms.
The Remote Internet Access Insurance Master Policy responds to losses that you would normally have liability for under applicable banking regulations. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying your bank or us if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability:
a) If you notify us within two business days after you learn that your password or other means to access your account may have become known by an unauthorized person, you can lose no more than $50.00 if an unauthorized person uses your password or other means to access your account without your permission to initiate a transaction. If you do not notify us within two business days, and we can prove that we could have stopped someone from using your password or other means to access your account without your permission if you had told us, you could be liable for up to the entire amount.
b) We will periodically email you a notice to inspect your transaction history online. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you do not notify us within 60 days after receiving notice, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
c) In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify CheckingPal.com through application messaging or e-mail. You must: 1) Tell us your name and primary email address;
2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) calendar days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
IV. Consumer Protection Policies
In general. CheckingPal.com's consumer fraud protection policies as defined below are designed to reduce fraud by encouraging users of the Service to become Verified, to help buyers recover from sellers who do not ship the promised goods, and to reduce the risk of INSUFFICIENT FUNDS for sellers who follow specified risk-reduction procedures. A Verified User is a registered user of the Service who provides CheckingPal.com with proof that he or she holds ownership of an account at a bank or other financial institution. CheckingPal.com considers this verification process a secure and easy way to gain additional proof of a User's identity without asking for additional items of sensitive personal information during the registration process. This process, in conjunction with our other proprietary authentication methods, lowers our company's financial risk and allows us to provide the Buyer and Seller Protection Policies listed below. Because the verification process is not available for non-US residents, the Buyer and Seller Protection policies cover only U.S. residents.
1.) Buyer Protection Policy.
If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute directly with the seller. You should also file a Fraud Report with CheckingPal as soon as possible if you suspect that fraud is involved. For instructions on how to file a Fraud Report, please contact Customer Service through the CheckingPal Web site or by e-mail at service@checkingpal.com.
If you are not able to resolve the dispute directly with the seller, and the seller is a Verified User, you may file a buyer protection claim under CheckingPal's Buyer Protection Policy, as described below. This Policy does not apply to disputes about the quality or attributes of delivered goods, goods that have been lost in the mail as shown by seller's presentation of proof of shipment, payments for services, payments to Unverified sellers, or a seller’s failure to deliver intangible goods. In order to be eligible for the Buyer Protection Policy, you must have paid for the undelivered goods with a single payment from a single CheckingPal account.The seller's Verification status will be displayed to you on the CheckingPal web site when you confirm the details of your transaction, giving you the opportunity to cancel the transaction prior to sending payment if you do not want to pay an Unverified seller.
If after contacting the seller you are unable to resolve the dispute and the seller has not shipped the goods, and if you have filed a Fraud Report no later than 30 days after the purchase transaction, you may file a Claim with CheckingPal. In order to file a Claim, you must be a Verified User at the time of filing. CheckingPal will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, CheckingPal.com will restrict the seller's account and seek to collect the amount you paid from the seller. You and other buyers who file claims against the same seller will be entitled to the return of any and all funds CheckingPal is able to collect from the seller, on a first-come, first-served basis. Recovery of your claim is not guaranteed.
To obtain instructions on how to file a claim, please log in to your account and click on the "Contact Us" button at the top of the home page. Then click on info@checkingpal.com selection from menu. You will receive a delayed response containing the instructions for filing a claim by e-mail.
Claims must be filed not earlier than 30 days after the date of payment, and not later than 60 days from the date of payment. To obtain instructions on how to file a claim, please log in to your account and click on the "Contact Us" link at the top of the home page. Then click on the info@checkingpal.com selection from the menu. You will receive a delayed response containing the instructions for filing a claim by e-mail. CheckingPal.com will seek to resolve the complaint within 30 days from the date the claim is filed, though such time frame may be extended to accommodate the investigation.
ii. Additional Protection for eBay Auctions
For purchases made on eBay using CheckingPal, CheckingPal.com offers an additional layer of protection. If you pay a Verified seller but do not receive your goods, you must first file a claim under eBay’s Insurance Claims process (an “eBay Claim”). If your eBay Claim is granted but does not cover the full amount of your loss, CheckingPal will reimburse you for up to $200 of such additional losses, whether or not CheckingPal is able to recover such funds from the seller.
In order to receive this additional protection, you must file a Fraud Report with CheckingPal within 30 days after the transaction, you must file a claim with CheckingPal within 30 days after your eBay Claim is granted, and you must be a Verified User when you file your claim with us. To obtain instructions on how to file a claim with CheckingPal for this additional protection, please visit the Customer Service section of the CheckingPal's web site or contact us by e-mail at service@checkingpal.com. You will have to provide a copy of the eBay Claim that you filed and satisfactory evidence that your eBay Claim was granted, so you should retain a copy of these documents. CheckingPal will seek to reimburse you for your additional losses not covered by the eBay claim, up to $200, within 30 days from the date your claim is filed, though such time frame may be extended if necessary to ensure the accuracy of the claim.
Seller Protection Policy. Beginning January 01, 2001, CheckingPal.com agrees to indemnify sellers for charge back liability resulting from a buyer's fraudulent use of a stolen checking information and/or false claims of non-shipment of goods for purchases made through the Service for up to $500 per year when the following conditions are met:
The seller is Verified
The seller can provide reasonable proof-of-shipment which can be tracked online. (Most U.S. carrier companies offer this service, including the U.S. Postal Service.) Because comparable proof-of-shipment is not currently available for electronically-delivered items, we are currently unable to offer Seller Protection for digital goods and other electronically-delivered items.
The seller accepted a single payment from only one CheckingPal account for the purchase. (Multiple payments from different accounts for a single item are a fraud indicator. Sellers should not accept such payments.)
The seller ships to a domestic (U.S.) buyer at a U.S. address.
CheckingPal will soon prompt buyers to provide sellers with their checking account address when making a purchase. Shipping to a billing address minimizes the risk of being paid by a fraudulent buyer. When this functionality is available, expected 06/30/01, to qualify for protection under the Seller Protection Policy, sellers will be required to ship only to a buyer’s billing address. Sellers who choose not to ship to the address will be liable for any charge backs due to fraud. Sellers should report suspicious buyers who try to solicit shipments to locations other than their checking account address.
In the event a charge back dispute is resolved against you and you do not qualify for the Seller Protection Policy, you agree to hold CheckingPal.com harmless for the charge back amount and to reimburse CheckingPal.com from either your CheckingPal account or by other means. Although CheckingPal.com will vigorously pursue debt collection of any amounts owed to it, CheckingPal.com will never make electronic transfers from your bank account without your express permission.
If you receive funds through a CheckingPal transaction funded with the sender’s checking account, in the event the checking account transaction is insufficient and you do not qualify for the Seller Protection Policy, you agree to hold CheckingPal.com harmless for the insufficient amount and to reimburse CheckingPal.com from either your CheckingPal account or by other means. Although CheckingPal.com will vigorously pursue debt collection of any amounts owed to it, CheckingPal.com will never make electronic transfers from your bank account without your explicit permission.
Termination. Excessive disputes or INSUFFICIENT FUNDS by you, multiple complaints or claims to CheckingPal.com by other Users against you, failure to respond to reasonable requests for information or other abuses of the Service are, without limitation, grounds for restricting your account and/or terminating your right to use the Service.
V. Additional Terms of Use for Business Accounts
The terms below apply specifically to use of Business Accounts through the Service and any related products and services (collectively, the "Business Service").
1.) Account Information.
In addition to the terms listed above, you further agree that CheckingPal.com may access and disclose information about you or your use of the Business Service when CheckingPal.com deems necessary or appropriate to comply with the law or legal process, to protect CheckingPal.com's systems and customers, or to ensure the integrity and operation of CheckingPal.com's business and systems. Unless otherwise prohibited by law, such disclosure may include, without limitation, user profile information (e.g., name, e-mail address, etc.), transaction information, IP address and traffic information, and usage history.
2.) Contact and Refund Information.
Each user of the Business Service will be required to input its customer service contact information into the Business Account application upon registration. You agree to clearly identify your customer service contact information, including but not limited to your business name, address, telephone number, fax number and e-mail address. You further agree to update such information to keep it true, accurate, current, and complete.
3.) Taxes.
Each user of the Business Service is required to provide its Tax Identification Number (TIN) upon request. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and to collect, report and remit the correct tax to the appropriate tax authority. CheckingPal.com is not obligated to determine whether taxes apply, and is not responsible to collect, report, or remit any taxes arising from any transaction.
4.) Security Features.
CheckingPal.com strongly suggests that you use a web browser with 128-bit encryption. Regardless of whether you use a web browser with security features, CheckingPal.com is unable to ensure that data transmitted via the Business Service is secure and/or will not be intercepted by third parties.
5.) Account Use.
By accepting the terms as outlined in this Agreement and using your Business Account, you attest that you hold all the necessary licenses to engage in the advertising and sale of the goods and services offered for sale or use through your Business Account, and that you do not provide unlawful or illicit products or services. You will not use the Business Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If CheckingPal.com has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Business Service, the website or any related services, your access to the web site and any services contained therein may be suspended or terminated. You will cooperate fully with CheckingPal.com to investigate any suspected unlawful, fraudulent or improper activity.
6.) Fees.
CheckingPal.com's current Fee Schedule for using the Business Service is posted on the web site. Unless otherwise stated, all fees quoted are in U.S. dollars. Users are responsible for paying all fees associated with the use of their Business Accounts and the Business Service.
CheckingPal.com, CHECKINGPAL and/or checkingpal and its affiliates, officers, directors and employees reserve the right to disclose any personal information about you or your use of the CheckingPal Site/Services, including its contents, without your prior permission if CheckingPal has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CheckingPal.com or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. CheckingPal.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CheckingPal.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CheckingPal Site/Services or information provided to or gathered by CheckingPal.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CheckingPal.com with respect to the CheckingPal Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CheckingPal.com with respect to the CheckingPal Site/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement is subject to change at any time without notice, and you agree to review the current terms of use prior to initiating a transaction.
PRIVACY STATEMENT
CheckingPal is a supporter of the Internet Privacy Program. CheckingPal is an independent organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because this web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by an outside privacy company. By displaying the privacy policy, this web site has agreed to notify you of:
What personally identifiable information of yours or third party personally identification is collected from you through the web site.
The organization collecting the information.
How the information is used.
With whom the information may be shared.
What choices are available to you regarding collection, use and distribution of the information.
The kind of security procedures that are in place to protect the loss, misuse or alteration of information under CheckingPal's control.
How you can correct any inaccuracies in the information.
If you have questions or concerns regarding this statement, you should first contact CheckingPal by privacy@checkingpal.com . If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact checkingpal@checkingpal.com CheckingPal will then appoint a liaison with the Web site to resolve your concerns.
Privacy verification applies to any information that is collected through this web site. It does not cover information that may be collected through CheckingPal's software. However, CheckingPal's software follows the same privacy guidelines as the CheckingPal web site.
Information this Site Collects
Required Information
To open a CheckingPal account, consumers must submit their name, address, phone number, drivers license or personal identification number and email address. To take advantage of certain features of CheckingPal, consumers must submit bank account information. Required information is necessary for us to process transactions, protect you against bank account fraud and allows us to contact you should the need arise.
Transaction Information
To process transactions, we collect information related to each transaction, such as the amount and the necessary identifying information, including the account numbers or email addresses of the parties involved.
Third-Party Information
During the processing of transactions, we collect verification information from various sources. Our sources verify that user' checking account information and address matches the information that the user supplies to CheckingPal and that, there are not insufficient checks outstanding from that checking account.
Questionnaires, Surveys and Profile Data
We may offer optional questionnaires and surveys to our users for such purposes as collecting demographic information or assessing users' interests and needs. The use of the information collected will be explained in the survey itself.
Aggregate Statistical Information
We may collect aggregated statistical information for purposes of improving our service and your experience with CheckingPal. This data does not contain personally identifying information, such as name or email address.
Our Use of Information
Internal Uses
We use data collected on our web site in order to 1) provide our financial services, 2) provide customer service, and 3) improve our product. We give access to individually identifiable information about our users only to those employees who require it to fulfill customer service requests.
Contacting CheckingPal Visitors
We may contact web site visitors about our products or conduct additional surveys. Only those visitors who have given their permission to participate may be contacted.
Disclosure to Other CheckingPal Users
We will NEVER release an individual's personal information without consent. If you are a registered CheckingPal user, you have consented to have your name, email address, date of sign-up, and whether you have confirmed (or not confirmed) an account at another financial institution only made available to anyone whom you have paid or who is attempting to pay you through CheckingPal, as described in the Terms of Use. However, your bank account and routing number, and other financial information will NEVER be revealed to anyone whom you have paid or who has paid you through CheckingPal. This makes CheckingPal transactions more private than mailing a check!
Disclosure to Third Parties
We will not give third parties individually identifiable information about users except for the limited purposes described below.
In accordance with the Terms of Use of the CheckingPal Service, whenever it is necessary or appropriate to comply with the law or legal process, to protect our systems and customers, or to ensure the integrity and operation of our business and systems.
We are compelled to do so by order of a duly-empowered governmental authority.
We have the express consent of the consumer, such as provided in the Terms of Use.
We are required to disclose it in order to process transactions.
We may share aggregated statistical data with our business partners or the general public. For example, we may tell the general public that 1% of our users live in Kansas.
When a user signs up for a co-branded version of CheckingPal (e.g. CheckingPal eGroups or CheckingPal eCircles) through links on our co-branded partner's web site, CheckingPal will share with the co-branded partner that user's name, email address and physical address. When a user signs up for a co-branded version of CheckingPal through Intuit's QuickBooks® software, CheckingPal will share with Intuit® that user's transactional information in order to sync with QuickBooks.
Internet Information
We use IP addresses to analyze trends, administer the site and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Use of Cookies
We use cookies when users log in to their CheckingPal account with their email address and password. These cookies allow us to remember a user who visits multiple pages in our site, so that the user doesn't need to re-enter the password multiple times. Once the user shuts down the browser, these cookies expire and no longer have any effect. We also use longer-lasting cookies to display users' email addresses, so that they don't have to retype the email address each time when logging in to an account. In addition, we use cookies to process our affiliate program; no personal information is shared with our affiliates. Usage of a cookie is in no way linked to any personally identifiable information while on our site.
Opting Out
Users can opt out by closing their account according to the users agreement.
Corrections and Updates
Users can update their account information in the Profile page of the Update Account Information Link. In some cases, it may be necessary to email service@checkingpal.com
Deactivation
Users may terminate an account by sending a request to our customer support staff through the Contact Us button on our web site through our support@checkingpal.com link.
Notification of Changes
This policy may be revised over time as new features are added to the web site. We will post those changes prominently so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check this site for information about revisions to our privacy policy.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this web site, or your dealings with this web site, you can email privacy@checkingpal.com
CheckingPal is a public service with a address of:
http://www.checkingpal@checkingpal.com
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