D+H  Web Site Usage Agreement ("Agreement")

This Agreement outlines the terms and conditions governing your use of the web site of D+H Cheque Services Corporation ("D+H"). This Agreement is executed by D+H Cheque Services Corporation.

Your continued access or use of this site indicates your acceptance of this Agreement. For further information, please also review our Privacy Statement, our Security Statement and our Guarantee Policy, which statements and guarantee form part of this Agreement.

This Agreement has been updated by D+H effective July 30, 2004. D+H reserves the right to make updates, alterations or modifications to this site and this Agreement. D+H may amend any provision of this Agreement by providing you with notice of the amendment(s) either before or after such changes take effect. Notice may be provided to you by way of a notice on the D+H web site indicating that this Agreement has been amended by way of a revised effective date. Your continued access to or use of the web site or maintaining of your account with D+H after receiving notice following the effective date of the amendment(s) will be considered as your agreement and consent to the amendment(s).

Copyright and Trademarks
User Provided Materials
Electronic Instructions
Confidentiality
Limitation of Liability and Disclaimers
Order Acceptance
Termination
External Sites
Indemnification
Governing Law and Attornment
English Language

Copyright and Trademarks

All content on this site is the property of or licensed by D+H (or third parties who have commercial agreements with D+H) and is protected by applicable copyright and trademark laws.

D+H, its logos, Advanced Security Measures, ASM, ChequeAdvisor and ChequeEssentials are trademarks of D+H Cheque Services Corporation. All other trademarks belong to their respective owners.

D+H grants you a limited license to use this content on any printed or imaged product produced by D+H and purchased by you from D+H provided that it is for your own personal or business use and not used for commercial resale or otherwise reproduced, sold, distributed, published or commercially exploited without the express written consent of D+H.

If you combine various standard and custom layout options provided by D+H or User Provided Materials (as defined below) to create unique layouts, form designs, logos or marks (collectively, "User Designs"), you agree not to create or use any User Designs that violate any proprietary right of D+H or any third party. In addition, you acknowledge that other users may have independently created identical or substantially similar custom designed layouts and that D+H shall not be liable to you or any third party for any losses, damages, claims or actions related thereto.

User Provided Materials

You may upload or submit materials to the site (collectively, "User Provided Materials"). D+H does not actively supervise the uploading of any User Provided Materials to this web site, but it reserves the right to do so.

You agree that you will not upload, submit or otherwise transmit to D+H any of the following:

1. User Provided Materials which invade another person's privacy or materials that are unlawful, threatening, abusive, defamatory, obscene or materials that further the concealment or commission of a crime;
   
   
2. User Provided Materials that are not yours to transmit;
   
   
3. User Provided Materials that infringe upon any patent, trademark, trade secret, copyright, right of publicity, moral right or any other intellectual property right of any other person or entity;
   
   
4. User Provided Materials containing software viruses or other harmful computer code; or
   
   
5. User Provided Materials that in any way interfere with or disrupt D+H’s services or any computer servers or networks connected to D+H’s services and information technology systems.

Electronic Instructions

You authorize D+H to accept and you agree to be responsible for any instruction (an “Electronic Instruction”) purported to be given by you on the D+H web site. D+H may maintain a database of your Electronic Instructions and may rely on your Electronic Instructions as if you had given them to D+H signed and in writing.

D+H may, at its discretion, decline to act on an Electronic Instruction given or purported to be given by you. D+H will not incur any liability by reason of acting or failing to act in respect of an Electronic Instruction.

Confidentiality

The Internet is not a guaranteed secure medium of communication. However, D+H uses industry standard technologies and established security procedures in a commercially reasonable effort to safeguard the privacy of customer information provided on this web site or sent to D+H over the Internet or by other means. D+H’s Security Statement is disclosed and posted elsewhere on this web site. D+H's Privacy Policy is also disclosed and posted elsewhere on this web site.

Limitation of Liability and Disclaimers

The information, content, services, products and materials contained in this web site, including, but not limited to, text, graphics and links, are provided on an "as is" basis with no warranty.

The use of this web site is at your discretion. D+H specifically disclaims any warranty that this web site will meet your requirements or that access to the site will be uninterrupted, secure or error-free.

In no event will D+H or any of its employees, officers, directors, partners, agents, affiliates, subsidiaries, representatives, suppliers, financial institution customers or service providers be liable to any person or entity for:

1. harm to or loss of your records or data;


2. any claims against you by any other party; or


3. any indirect, special, incidental, secondary, consequential or exemplary damages (including but not limited to lost profits), even if D+H has been advised of the possibility of such damages.

D+H will not be liable for any adjustments or losses caused by D+H failure to provide timely, error-free products and services to the extent it was caused by or resulted from:

1. Your violation of this Agreement, as amended from time to time;


2. Your failure to provide an accurate shipping address or other Information that you are asked to provide in connection with the provision of services;


3. Your mistake when inputting instructions;


4. D+H's compliance with verbal or written instructions from you not explicitly provided for on this web site;


5. Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using D+H's standard virus-detection procedures;


6. Criminal acts by you or other parties;


7. Public authorities acting with actual or apparent authority;


8. National or local disruptions in power, electronic, delivery or transportation networks;


9. Failures of Internet service providers;


10. Weather phenomena or natural disasters;


11. Disruption or failure of communication and information systems;


12. Loss, corruption or damage to your personal information, User Provided Materials or information regarding the printed products used or stored by D+H; or


13. If you fail to log off when you leave your electronic device and someone else accesses your account.

Subject to the foregoing, if you notify D+H within 30 days of receiving a product or service from D+H that you are dissatisfied with the quality of the product or service provided, D+H will either reprint your order or refund your money (please refer to the Guarantee Policy also available on this web site for complete details regarding the foregoing). However, since D+H's online ordering system allows you to view the product and review it for accuracy prior to approval for printing, any print errors resulting from your failure to provide D+H with accurate information will not be accepted for reprint or refund under the Guarantee Policy.

Order Acceptance

Submission of your order does not constitute the acceptance by D+H of an order to sell. D+H reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification by D+H of your order or personal information with external parties may be conducted prior to the acceptance by D+H of any order from you.

Due to the nature of the Internet, it is not possible for D+H to limit access to its web site to those jurisdictions in which it does business. This site is intended for use only by persons residing in Canada and all pricing is stated in Canadian dollars and may be subject to taxes, as well as shipping and handling fees, applicable in particular jurisdictions unless otherwise stated.

Termination

D+H may terminate this Agreement or the services provided on its web site at any time without reason and without advance notice. If D+H learns of, or has reasonable grounds to suspect, that your information is inaccurate, or that activity in violation of this Agreement has occurred, your order requests may be refused. D+H will have no liability for any loss, damages of any kind or inconvenience that may result from any termination hereunder.

External sites

This site may contain links to third party sites that are provided as a convenience to you. These linked sites are entirely independent from and are not under the control of D+H, and D+H makes no representations or warranties in respect of the information, products or services found on those sites or the privacy practices of such sites.

Indemnification

You agree to indemnify, defend and hold harmless D+H, its officers, directors, employees, agents, partners, affiliates, subsidiaries, other customers, suppliers and representatives from and against any and all claims, damages, losses, costs, and expenses (including but not limited to legal fees on a solicitor and client basis) that arise directly or indirectly from:

• your breach of any provision of this Agreement;


• any allegation that any User Provided Materials or User Designs constitute infringing marks, trademarks, materials or intellectual property of any other party; or


• any of your activities conducted in connection with this web site.

Governing Law and Attornment

This web site is controlled by D+H from its offices in Ontario, Canada. By accessing this web site, you agree that all matters relating to your use of this web site, and that this Agreement, will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

English Language

The parties confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only. Les parties présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise.