AP Technology Acceptable Use Policy

You are independently responsible for complying with all applicable laws in every action related to your use of AP Technology’s services which include CheckRun (“Services”), regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

We may amend this policy at any time by posting a revised policy on our website. The revised policy will be effective at the time we post it. In addition, if the revised policy includes a substantial change, we will provide you with 30-days prior notice by posting notice of the change on the “Policy Updates” page of our CheckRun.com website.

 

A. Eligibility

You must be a resident of the United States or Canada and 18 years or older to use the Services. You must use the Services within the United States or Canada unless approval for use outside of those areas is provided through a written agreement with AP Technology.

You are solely responsible for ensuring that your use of the Services is in conformance with applicable federal, state and local laws and regulations. By using the Services, you warrant and represent that (i) you are not located in a country that is subject to a U.S. Government embargo, or that it has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

B. Third Party Agreements

You acknowledge and agree that this Agreement is between you and AP Technology LLC, not with any third party (including, but not limited to, Apple®, Google®, any mobile carrier, or any Participating Merchant (as defined below)), and that AP Technology, is solely responsible for the Services. Your use of the Services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties including your ISP/Internet Service Provider and Banking Affiliations.

Please note that AP Technology may open its application programming interface (“API”) to third parties, so your use of such third-party service may be subject to agreements with those parties when using the service AP Technology has no liability or responsibility for your use of these third-party services.

 

C. Prohibited Activities

You may not use the Services for activities that:

  1. Violate any law, statute, ordinance or regulation.

 

  1. Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety,

(b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial intolerance or the financial exploitation of a crime, (g) items that are considered obscene or offensive, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.

 

  1. Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.

 

  1. Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

 

If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using your user name and password. YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.

 

If we have reason to believe that you have engaged in any restricted activities, made excessive or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect AP Technology, another Services user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

 

  • We may close, suspend, or limit your access to your account or the Services (such as limiting access to any of your funding sources, and your ability to send money, make withdrawals, or remove financial information);
  • we may contact users who have sent you money, contact your bank or credit card issuer, and warn other users, law enforcement, or impacted third parties of your actions;
  • may update inaccurate information you provided us;
  • we may refuse to provide our Services to you in the future;
  • we may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability;
  • and we may take legal action against you.

 

AP Technology, at its sole discretion reserves the right to terminate or modify this Agreement at any time. Company may restrict access to its website and/or services for any reason and at any time. In case of such action(s), pro-rata reimbursement for pre-paid services may be attained by contacting the AP Technology Accounting Department.

 

 

D. Transaction History

You may view your transaction history by logging into CheckRun. You agree to review your transaction history through your online account instead of receiving periodic statements by mail.

In the event of an error, you give AP Technology permission, subject to AP Technology’s compliance with applicable law, to make appropriate corrections by debiting or crediting your Services balance, or debiting or crediting your primary or alternate funding sources as applicable.

E. Limitations on Liability

Except as otherwise EXPRESSLY provided in this agreement, and to the extent permissible under applicable law, AP Technology’s cumulative liability to you for any claims or damages arising out of or related to your use of the Services shall not exceed the greater of the fees you paid to AP Technology for the use of the service or $1.00 USD.

These limitations on liability apply to: anything related to a service or any application or content made available through any such service; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limitations on liability also apply even if: repair, replacement or a refund for the service does not fully compensate you for any losses; or AP Technology or a Covered Third Party knew or should have known about the possibility of the damages.

These limitations on liability will apply to the maximum extent permitted by applicable law, even if any remedy fails of its essential purpose.

Some states or other jurisdictions do not allow the limitation of liability so the foregoing limitations may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

F. Indemnification

You agree to defend, indemnify and hold harmless AP Technology LLC, affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorney fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.

G. Force Majeure

We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.