The Scandacard Website, http://www.Scandacard.com/ is an online information service with cloud-based software, provided by Scandacard, and is subject to the terms and conditions set forth below.
IMPORTANT: These terms and conditions constitute a legal agreement between you, the User (hereafter “You”, “Your”, or the “User”), and us, Scandacard, its affiliates, and all of their respective authorized representatives, officers, directors, employees, agents, shareholders, licensors, attorneys, successors, and assigns (hereafter “Us” or “Scandacard”), and together with the Website and the Software License Agreement, wholly and exclusively govern such relationship.
BEFORE ACCESSING OR USING THE SERVICES OFFERED ON Scandacard.COM, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE TERMS OF SERVICE AGREEMENT. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, SOFTWARE, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively, “the Site”). GoAdit IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
Scandacard RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Website Terms of Service page (i.e., “Updated [Date]”).
1. PROPRIETARY RIGHTS. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by Scandacard, its affiliates, its successors and assigns, and/or by third parties who have granted Scandacard license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of Scandacard or their respective owners and are protected by law. Except as expressly provided herein, Scandacard does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Scandacard or third party licensors. The website name, Scandacard, its logo, and all other names, logos and icons identifying the Scandacard website and its services are proprietary trademarks of Scandacard, and any use of such marks, such as domain names, without the express written permission of Scandacard is strictly prohibited.
3. LICENSE RESTRICTIONS. The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY Scandacard THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
In addition, you may not modify, translate, recompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) 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, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the GoAdit Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to GoAdit on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the Scandacard name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of Scandacard, OR (x) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact Scandacard. 4.Moreover, this license is only valid where Scandacard is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by Scandacard.
4. THIRD PARTY INFORMATION/ PRODUCTS/ SERVICES/ LINKS TO OTHER SITES. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall Scandacard be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by Scandacard, Scandacard is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way. Scandacard makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, Scandacard EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.
5. DISCLAIMER – NO WARRANTIES. You understand and accept that Scandacard cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Scandacard PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. Scandacard SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITH REGARD TO THE SITE, THE PERSONAL ACCOUNT REPRESENTATIVE SERVICE, OR ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, Scandacard SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. Scandacard DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Scandacard HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
6. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE Scandacard FROM ANY CLAIM OF HARM RESULTING FOR A CAUSE BEYOND Scandacard's CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES FOR ANY REASON, SUCH AS MAINTENANCE, DENIAL OF SERVICE ATTACKS, TELEPHONE OR OTHER COMMUNICATION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, FORCE MAJEURE EVENT SUCH AS SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES, LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTION OR ACTION. MOREOVER, IN NO EVENT WILL Scandacard BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE’S SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF Scandacardt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Scandacard FOR ANY REASON RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Scandacard IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Scandacard, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. USER OBLIGATIONS. If you provide any false, inaccurate, untrue, or incomplete information, Scandacard reserves the right to terminate immediately Your access to and use of the Site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While Scandacard has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, Scandacard is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and maintaining or backing up any data. 10.
9. USER NAME AND PASSWORD POLICY. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by Scandacard. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify Scandacard. Scandacard cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Scandacard also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
10. FEEDBACK AND SUBMISSIONS. You grant to Scandacard team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Scandacard for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site. Registered Site Users will have the opportunity to submit feedback and information regarding their trading activity through the software and through the website, which will be subsequently displayed on the website on an anonymous basis. Such information is submitted on a voluntary basis. Scandacard maintains no control over the accuracy or correctness of such self-reporting and accordingly disclaims all liability from User reliance on this data.