Terms of Use

Web Site Terms Of Use

*** IMPORTANT ***

THESE TERMS OF USE ("TERMS OF USE") GOVERN YOUR USE OF THIS WEB SITE (THIS "SITE"), WHICH IS PROVIDED BY LIBERTY CHECKS AND SERVICES, INC., A WHOLLY-OWNED SUBSIDIARY OF JOHN H. HARLAND COMPANY ("LIBERTY"). THIS IS A BINDING LICENSE AND LEGAL AGREEMENT BETWEEN YOU (BOTH INDIVIDUALLY AND ON BEHALF OF ANY ENTITY THAT HAS AUTHORIZED YOU TO ACCESS THIS SITE) AND LIBERTY. BY ACCESSING THIS SITE YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE, WITHOUT LIMITATION OR QUALIFICATION. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY LIBERTY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS OF USE TO WHICH YOU ARE BOUND.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.

Use of Web Site; Promotion of Liberty Products; Limited License. This Site is designed for participating financial institutions and credit unions ("Participant" or "you", and "your" shall be construed accordingly). To access this Site or some of the resources it has to offer, Participant may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Liberty believes the information you provide is not correct, current, or complete, Liberty has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Liberty has created, developed or licensed from third parties various artwork based on original designs (the "Artwork") for use with Liberty's check products. Subject to these Terms of Use, Liberty hereby grants to Participant a non-exclusive, revocable, limited, royalty-free right and license ("Limited License") to display the Artwork on Participant's website solely for promoting and offering Liberty's check products to Participant's customers (the "Authorized Use").
Restrictions on the Use of Artwork. You may download Artwork displayed on this Site for the Authorized Use only, provided you do not remove or alter any trademark, copyright or other proprietary notice or legend contained on or associated with the Artwork. You may not, modify (including without limitation, modification or edits to the color, size, content or any other graphical attribute), reproduce, reformat, transmit, upload, publish, display, post, re-use, copy (other than for back-up purposes), make derivative works, or otherwise use the Artwork for any purpose other than the Authorized Use. Participant agrees to establish and maintain reasonable measures and controls to ensure compliance with these Terms of Use and to prevent the unauthorized use of the Artwork, including without limitation, that Participant shall require its applicable third party service providers (e.g., website hosting company) to be bound to the terms of the Limited License contained herein. Notwithstanding the foregoing, Participant accepts responsibility for any acts, omissions or breach of the Limited License by its third parties, and Participant shall indemnify and hold Liberty harmless against losses or damages suffered by Liberty arising from any breach of the terms and conditions of the Limited License by such third parties.
Web-Links. Any use of the Artwork on Participant's website shall include a separate graphical linking icon or textual link to Liberty's check ordering website (subject to Liberty's stylistic guidelines), and Liberty hereby authorizes Participant to provide such hyperlink to Liberty's check purchasing website. Any and all use of Liberty trademarks shall inure to the benefit of Liberty.
Compliance and Changes to License Terms; Termination. Liberty retains the right to change or discontinue any aspect, availability or feature of this Site or the Limited License granted hereunder. Participant acknowledges that availability and use of certain Artwork is subject to third party licensing, and agrees to comply with all terms and conditions that may be established by Liberty from time to time, including without limitation, trademark and copyright rules. The Limited License to the Artwork, or any portion thereof, may be terminated by Liberty for any reason at any time. The Limited License granted hereunder will terminate automatically without notice from Liberty if you fail to comply with any provision of these Terms of Use. Upon termination, you agree to irretrievably destroy any Artwork downloaded by you from this Site, and all copies made thereof.
Reservation of Rights. Liberty and its licensors shall retain ownership of all right, title and interest in the Artwork. The limited rights granted by Liberty pursuant to these Terms of Use do not constitute an assignment of ownership or other transfer of ownership interest, and Participant shall not sell, assign, sublicense, rent, lease or otherwise convey or transfer any right in the Artwork.
Disclaimer of Endorsement. Reference to any product, service, company or third party, or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Liberty.
General Restrictions on the Use of Liberty's Web Site. You may use this Site only for the purposes expressly permitted by this Site. You may not use this Site for any other purpose, without Liberty's express prior written consent. For example, you may not (and may not authorize any other party to): (i) co brand this Site; or (ii) frame this Site; or (iii) except as provided by these Terms of Use, hyper-link to this Site, without the express prior written permission of Liberty. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Liberty in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Any and all material and content accessible from this Site (the "Content"), including without limitation, and any other World Wide Web site owned, operated, licensed, or controlled by Liberty, its parent, subsidiaries or other affiliates ("Content") is the proprietary information of Liberty or the party that provided the Content to Liberty. Liberty or the party that provided the Content to Liberty retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Liberty, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Liberty's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Security.
Any passwords used for this Site are for individual Participant use only. You will be responsible for the security of your password (if any). Liberty will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Liberty considers insecure, Liberty will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Liberty reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Liberty reserves the right to investigate suspected violations of these Terms of Use.

Liberty reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Liberty to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS LIBERTY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LIBERTY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LIBERTY OR LAW ENFORCEMENT AUTHORITIES.
Disclaimer.
You understand that Liberty cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Liberty does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LIBERTY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. LIBERTY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIBERTY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND LIBERTY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT LIBERTY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. LIBERTY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Liberty does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

This Site may be hyper-linked to other websites which are not maintained by, or related to, Liberty. Hyper-links to such websites are provided as a service to users and are not sponsored by or affiliated with this Site or Liberty. Liberty has not reviewed any or all of such websites and is not responsible for the content of those websites. Hyper-links are to be accessed at the user's own risk, and Liberty makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the websites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party website does not necessarily imply endorsement by Liberty of that website.
LIMITATION OF LIABILITY. LIBERTY, ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LIBERTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity. You will indemnify and hold Liberty, its parent, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Artwork other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
Notices. Any notice required or permitted under the terms of these Terms of Use, or any statute or law requiring giving of notice, may be delivered in person, by registered mail, or by a nationally recognized overnight delivery service if properly posted, with postage fully repaid, in an envelope properly addressed to Liberty at the address set forth below. Any such notice shall be considered to have been given when personally delivered or mailed in the manner hereinbefore provided.
John H. Harland Company
Liberty Checks and Services, Inc.
2939 Miller Road, Decatur, GA 30035
Attention: General Counsel
CC: Director of Licensing
General Terms. These Terms of Use will be governed and interpreted pursuant to the laws of Minnesota, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction of Minnesota in connection with any dispute between you and Liberty arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Minneapolis, Minnesota. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The waiver by either party hereto of a breach of any obligation of the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of these Terms of Use. Liberty may revise these Terms of Use at any time by updating this posting. The terms, conditions and warranties contained herein that by their sense and context are intended to survive the performance hereof by either or both parties shall so survive the completion of performance, cancellation or termination of these Terms of Use. Without limiting the generality of the foregoing, the terms and conditions in Sections 2, 3, 4, 5, 7, 8, 9, 10, 11 and 13 shall so survive.

PARTICIPANT HEREBY ACKNOWLEDGES THAT IT HAS READ THESE TERMS OF USE, UNDERSTANDS IT, AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

LinkToLiberty