Terms of Use

PLEASE REVIEW THESE TERMS OF USE CAREFULLY BECORE USING THIS SITE

The materials on this Website (the "Site") are provided by ControlScan as a service to its users and may be used for informational purposes only subject to the provisions below. By downloading any materials from or otherwise using this Site, you as a user ("you") agree to these terms and conditions ("Agreement"). If you do not agree to them, do not use the Site or download any materials from it. You agree that this Agreement (and, if you are a user who has registered on this Site ("Registered User"), any provisions included in the registration process) is the complete and exclusive statement of the agreement between ControlScan and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and ControlScan relating to the subject matter of this Agreement. CONTROLSCAN MAY REVISE THIS AGREEMENT AT ANY TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS SITE.

 

TERMINATION OF ACCESS:

If you breach any of the terms or conditions of this Agreement, ControlScan may, at its sole discretion, (a) suspend your access to certain areas of the Site or (b) terminate your access to certain areas of the Site. Whether or not a breach results in suspension or termination depends on several factors, including but not limited to the severity of the breach, the potential harm to other users or to ControlScan, and whether or not the breach is repeated or cured. If ControlScan suspends or terminates your right to access or use the ControlScan Site then ControlScan shall, within 24 hours, provide notice to you of such action. Upon termination, you will immediately destroy the Materials and all licenses herein shall immediately terminate.

 

OWNERSHIP, INTELLECTUAL PROPERTY AND LINKS

TRADEMARKS: The Service is owned and operated by ControlScan. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by ControlScan. Your use of the Website or the Service confers no rights to the Marks and you may not use, reproduce or display a Mark without its ControlScan's prior written consent.

COPYRIGHTS

The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by ControlScan or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that:

(1) you use the Content for your personal or internal business use and not for any purpose contrary to ControlScan's commercial interests;

(2) you do not copy, use or place any Content on any network or other website for any purpose other than as contemplated by this agreement.

(3) you do not modify, alter, or create derivative works of, the Content; and

(4) you include ControlScan's copyright notice on such Content as follows: Copyright ControlScan, Inc., All Rights Reserved.

 

RIGHTS AND MARK

Except as expressly provided herein, nothing included in the Website or the Service is intended, nor shall be construed, as conferring any rights under any Mark, copyright, or patent.

 

LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party sites. 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.

 

WAIVER OF RIGHTS

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

 

GOVERNING LAW; JURISDICTION AND VENUE

These Terms of Use are to be governed and construed in accordance with the laws of the State of Georgia, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms of Use by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Cobb County, Georgia. The arbitrator shall be selected by you and ControlScan, and if you and ControlScan are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association. Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and ControlScan and your and ControlScan's respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or ControlScan be entitled to punitive damages and both you and ControlScan hereby waive your and ControlScan's respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

 

LIMITATION ON LIABILITY; DISCLAIMER

BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ANY INFORMATION PROVIDED AND THE INTERNET GENERALLY. THE CONTENT IS PROVIDED "AS IS," 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 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 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 HERE UNDER.

 

WARRENTY AND DISCLAIMER

The ControlScan Mark(s) is licensed "AS IS" with no warranty of any kind. ControlScan disclaims all express and implied warranties, including the implied warranties of merchantability, fitness for a particular use and non-infringement.

 

QUESTIONS, COMMENTS & COMPLIANTS

ControlScan encourages you to provide ControlScan with feedback regarding this Terms of Use Policy. If you have questions, comments or concerns regarding this Terms of Use Policy, please contact support@controlscan.com or send mail to the following address: ControlScan Inc., 3750 Brookside Parkway, Suite 250, Alpharetta, GA 30022.

 

MISCELLANEOUS

The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.