ACH Payment Terms

BY PAYING WITH ECHECK, I AGREE TO THE TERMS OF USE OF USING MY CHECKING ACCOUNT AS A PAYMENT METHOD, WHICH ARE LISTED BELOW, AND AUTHORIZE CHEDDARUP.COM TO DEBIT MY CHECKING ACCOUNT FOR PAYMENTS MADE ON CHEDDARUP.COM.

Welcome to the Terms of Use (the "Terms of Use") for use of a bank account registered with CheddarUp.com as a payment method on the CheddarUp.com. Please note that your use of the CheddarUp.com website is also governed by our Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations and requirements contained on the CheddarUp.com website, all of which (as changed over time) are incorporated into these Terms of Use. If you choose to use a bank account as your payment method, you accept and agree to these Terms of Use.

1. Bank Account Payments. By choosing to use a bank account as your payment method, you will be able to complete your payments using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay using your bank account, you are authorizing CheddarUp.com to debit your bank account for the total amount of your purchase (including applicable fees). Your transaction must be payable in U.S. dollars. CheddarUp.com, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

2. ACH Authorization. By choosing your bank account as your payment method, you agree that: (a) you have read, understand and agree to these Terms of Use, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of the disclosures contained in these Terms of Use, (c) you authorize CheddarUp.com to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third-party databases, and (d) you authorize CheddarUp.com to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments.

3. Partial Debits and Returned Payments. If your full order is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. If any of your payments are returned unpaid, you authorize CheddarUp.com to make a one-time electronic fund transfer from your account to collect a return fee. This return fee will vary based on which state you are located in, as follows: $20 in CO, CT, ID, IN, NY and UT; $10 in Puerto Rico; and $25.00 for all other states. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees.

4. Cancellations and Refunds. To cancel a payment made on CheddarUp.com and request a refund, please follow the instructions and procedures contained on the CheddarUp.com website. When you cancel a payment in accordance with these procedures, CheddarUp.com will initiate a credit to your bank account for the correct amount.

5. Customer Service. Transactions that we process using your bank account will be identified as "Cheddar Up" (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. Save the payment confirmations that you are provided when you make a payment, and check them against your bank account statement. You may contact us regarding your CheddarUp.com payments made using your bank account and by writing to us at https://my.CheddarUp.com/contact.

6. Transaction Errors. If you believe that any payment transaction initiated by CheddarUp.com with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible as provided in Section 5 of these Terms of Use. Notify us at once if you believe the password associated with your CheddarUp.com customer account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account to complete a payment using your CheddarUp.com customer account without your permission. We reserve the right to cancel the ability to pay by bank account on CheddarUp.com for any reason at any time.

7. Your Liability for Unauthorized Transactions. Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability.

8. Electronic Delivery of Future Disclosures. You agree to accept all disclosures and other communications between you and us on this website or at the primary e-mail address associated with your CheddarUp.com account. You should print and retain a copy of all such disclosures and communications.

9. Agreement Changes. We may in our discretion change these Terms of Use, CheddarUp.com's Terms of Use and/or its Privacy Polciy at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms of Use. We reserve the right to subcontract any of our rights or obligations under these Terms of Use. YOUR CONTINUED USE OF YOUR BANK ACCOUNT AS A PAYMENT METHOD ON CHEDDARUP.COM OR OTHER SITES USING YOUR CHEDDAR UP ACCOUNT ARE ACCEPTED AFTER WE CHANGE THESE TERMS OF USE, CHEDDARUP.COM'S TERMS OF USE AND/OR ITS PRIVACY POLICY CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES.

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