December 17, 2018
Ownership, Intellectual Property and Links
Content, Marks and Copyrights
The Site and all Content are copyrighted and such copyrights are owned by ControlScan or the author of such Content. You are granted a non-exclusive, limited license to view, print, and/or distribute Content in hard copy from the Site purposely made available by ControlScan for downloading from the Site (such as data sheets, articles, and similar materials), provided that You (a) include ControlScan's copyright notice on such Content as follows: “Copyright ControlScan, Inc. All rights reserved”; (b) not remove any proprietary notice language in all copies of such documents; (c) do not copy or post such information on any network, website or broadcast it in any media; (d) not use the Content for any purpose contrary to ControlScan's commercial interests; (e) do not modify, alter, or create derivative works of, the Content, and (f) do not make any additional representations or warranties relating to such Content.
This limited license may be revoked at any time at the sole discretion of ControlScan.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ControlScan server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You agree not to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ControlScan reserves the right to bar any such activity.
Accounts, Passwords and Security
Certain features or services offered on or through the Site, including the ControlScan Merchant Portal, may require You to enter a username and password. You are entirely responsible for maintaining the confidentiality of the information You hold for Your account, including Your password, and for any and all activity that occurs under Your account as a result of Your failing to keep this information secure and confidential. You agree to notify ControlScan immediately of any unauthorized use of Your account or password, or any other breach of security. You shall exercise Your best efforts to maintain the security of Your account information. If You become aware that the security of Your username, password, or account has been compromised, then You shall immediately notify ControlScan of the security risk.
You may not use anyone else's ControlScan username, password or account at any time without the express permission and consent of such holder. ControlScan cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Links to Third-Party Sites
The Site may contain links to third-party sites. Such linked sites are not under ControlScan's control and You acknowledge and agree that ControlScan is not responsible or liable for the content, information, services, or products of such third-party sites. You expressly assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by ControlScan. You will need to make Your own independent judgment regarding Your interaction with these linked sites.
Purchases; Other Terms and Conditions
ControlScan may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ControlScan makes no commitment to update the materials on the Site with respect to such products and services.
Registering for the Services
You acknowledge and agree ControlScan is not liable for any damages resulting from any other parties' use of access of Account Holders' ControlScan Account regardless of whether other parties use or access is with or without the Account Holder's knowledge or consent. Account Holder may end authorization by administrating the user through the Site or by providing notice to firstname.lastname@example.org. Such notice will be effective upon confirmation by ControlScan, via email, of receipt.
Consent to Electronic Communications
By use of this Site, You agree to the receipt of electronic communications by email or by the posting of such information by ControlScan at one or more of its websites. Such communications may pertain to the services delivered by ControlScan, the use of information a Merchant may submit to ControlScan, changes in laws or rules impacting the service or other reasons.
Disclaimer of Warranties
CONTROLSCAN MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE.
BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. CONTROLSCAN DOES NOT PROMISE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU USE THE SERVICES OR ANY RELATED THIRD-PARTY SERVICES AT YOUR OWN RISK.
Limitation of Liability
CONTROLSCAN SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS ARISING OUT OF CONTROLSCAN'S SERVICES PROVIDED HEREUNDER.
You agree to indemnify and hold ControlScan, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against ControlScan by any third party due to or arising out of, relating to, or in connection with: (a) Your use of the Site, and (b) use of the Marks.
If You are the federal government or a federal government agency in the United States, terms relating to indemnification do not apply except to the extent expressly authorized by federal law. If You are a state government or state government agency in the United States, terms relating to indemnification will apply to You only to the extent expressly permitted by your jurisdiction's laws. If You are a local government or local government agency in the United States, terms relating to indemnification will apply to You only to the extent permitted by your jurisdiction's laws.
ControlScan shall not be liable for interruptions, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof caused or occasioned by, or due to fire, flood, water, earthquake, the elements, acts of God, war and threat of imminent war, terrorism, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond the either parties' reasonable control
Compliance with Law Including Export Control
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations You shall take no actions which would cause ControlScan to be in violation of any laws, rulings or regulations applicable to ControlScan.
ControlScan and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Site (including any software or the Services) or information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction any other applicable laws regarding the import, export, or re-export of the Content.
Governing Law; Jurisdiction and Venue
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Georgia (excluding choice of law).
Questions, Comments & Complaints