Terms & Conditions

 

Terms and Conditions

Terms

Deluxe Financial Services, Inc. ("Deluxe") maintains the www.orderpoint.deluxe.com site (the "Site"). Your access and use of the Site, including any purchases made on the Site, is subject to the following Terms and Conditions ("Terms and Conditions"). By accessing and using the Site, you accept, without limitation or qualification, the Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS SITE. DELUXE MAY AT ANY TIME REVISE THE TERMS AND CONDITIONS BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND.
A. Use of Site
1. You may download material displayed on the Site for non-commercial, personal use only, provided you do not remove or alter any trademark, copyright or other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text and images, without Deluxe's prior written permission.
2. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in the Terms and Conditions (and the text on the Site) without the prior written permission of Deluxe. Deluxe neither warrants or represents that your use of materials displayed on the Site will not infringe rights of any third parties.
3. Deluxe makes no warranties or representations as to the accuracy or completeness of information and materials contained on the Site and Deluxe assumes no liability or responsibility for any inaccuracies, errors or omissions in the content on the Site.
4. Your use and browsing of the Site is at your risk. Neither Deluxe nor any other party involved in creating, producing, maintaining or delivering the Site is liable for any direct, indirect, special, incidental, consequential or other damages of any nature or description arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Deluxe also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text or images from the Site.
5. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our privacy policy. Anything you transmit or post may be used by Deluxe or its affiliates for any purpose permitted by law or our privacy policy, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Deluxe is free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.
6. Images of people or products displayed on the Site are either the property of, or used with permission by, Deluxe. The use of these images by you, or anyone else authorized by you, is prohibited, except for use of the linking icon in accordance with the Deluxe Guidelines. Any unauthorized use of the images may violate applicable laws, including copyright laws, trademark laws, the laws of privacy and publicity.
7. Deluxe has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site or the products and services offered by or through such Sites or the privacy, data security or other business practices of those owning or maintaining such sites. Your linking to, and access and use of, any other off-Site pages or other sites is at your own risk.
8. You are prohibited from posting or transmitting to Deluxe or the Site any unauthorized or misappropriated information, materials or images or unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane information, materials or images or any information, material or image that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. It is Deluxe's policy to fully cooperate with any law enforcement authorities or court order requesting or directing Deluxe to disclose the identity of anyone posting or transmitting any such information, materials or images.
 
B. Intellectual Property
Except as noted otherwise in the text of the Site, the trademarks, logos, service marks and all copyrightable materials displayed on the Site constitute intellectual property owned by Deluxe or which Deluxe has the right to use on the Site (the "Deluxe Intellectual Property"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Deluxe Intellectual Property displayed on the Site without the prior written permission of Deluxe. Unauthorized use of the Deluxe Intellectual Property displayed on the Site, or any other content on the Site, is strictly prohibited. Please be advised that Deluxe will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
C. Purchases of Products
1. Payment for your order will occur only by debiting the account for which you place your check order. By your placement of the order, you authorize the debit through an automated clearing house (ACH) debit.
2. Prices charged are F.O.B. our dock. State and local sales tax will be added to your order where applicable.
3. All prices and products are subject to change, discontinuation and modification without notice or obligation. Shipping, handling, processing, and service charges may vary. All prices in U.S. dollars. Check with your financial institution to obtain pricing information. Your financial institution establishes the price you pay for your check order.
4. We will replace any Deluxe manufactured product found to contain printing errors caused by Deluxe or to be defective in workmanship or materials, or offer you a refund if a replacement check is not satisfactory. While Deluxe takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. THE ABOVE WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL DELUXE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY NATURE OR DESCRIPTION DAMAGES RESULTING FROM ANY USE OR MISUSE OF ANY PRODUCT OR ANY ACT OR OMISSION BY DELUXE, NOR WILL DELUXE BE LIABLE FOR ANY BREACH OF WARRANTY (OR OTHER OBLIGATION BINDING UPON DELUXE) IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT ACTUALLY PAID TO DELUXE.
 
D. Mandatory Arbitration Agreement, Class-Action Waiver, and Jury Waiver
1. Applicability of Arbitration Agreement. You and Deluxe agree that all claims and disputes related in any way to use of this Site, or to products or services sold by Deluxe or distributed by or through Deluxe, will be resolved by individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), except that you and Deluxe are not required to arbitrate small claims court disputes as set forth in subsection (8.) below. To be clear: The phrase "all claims and disputes" also includes claims and disputes that arose between you and Deluxe before the effective date of these Terms.
2. Waiver of Jury Trial. You and Deluxe waive any Constitutional and/or statutory rights to a trial in court in front of a judge or a jury.
3. Class Actions Waiver. You and Deluxe agree all arbitrations will proceed on an individual basis, and waive any right to bring claims as part of a class action (either as a named-plaintiff or class member), and as part of any other proceeding where someone acts in a representative capacity of any kind.
4. Authority of the Arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). The arbitrator's decision will be final except for a limited right of review under the FAA.
5. Arbitration Procedure. Either party may initiate arbitration with the AAA pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
6. Arbitration Fees and Payments. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules, however Deluxe will reimburse those fees to you in an amount up to $25,000 (though, in no event will Deluxe pay any attorneys' fees and/or costs you may incur). Deluxe also waives its own right to seek attorneys' fees and costs in arbitration.
7. Right to Opt-out. You may opt out of this arbitration agreement by notifying Deluxe in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: Deluxe Financial Services, LLC, ATTN: Privacy Program Office, 3660 Victoria Street North, Shoreview, MN 55126, or email the opt-out notice to privacyprogramoffice@deluxe.com. You also may reject any changes we make to this arbitration agreement in later versions of these Terms by sending Deluxe notice within 30 days of your notice of the change. If you do, the most recent version of the arbitration agreement to which you agreed before the change you rejected will apply.
8. Small Claims Court. Notwithstanding the foregoing, either you or Deluxe may bring an individual action in small claims court in your county of residence or in Shoreview, Minnesota, if you meet the court's requirements.
9. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts will not be arbitrated but will proceed in court, with the rest of the dispute proceeding in arbitration.
10. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Deluxe.