Terms of Use

Last updated: March 23, 2015

This website, including any subsite accessible through the homepage (collectively, the “Site”) is published and maintained by Canon Information and Imaging Solutions, Inc. (“CIIS,” “we,” “us,” and “our”), a member of the Canon family of companies (“Canon”). Please note that when you enter any subsite accessible through the homepage or through the services or solutions CIIS provides as part of its business, such subsite may have its own terms and conditions of use that are specific to such subsite. This Terms of Use (“Terms of Use”) consists of these terms, the CIIS Privacy Statement, and any supplemental terms or agreements (“Other Agreements”) provided to you for any of the products, services, solutions, software, websites, mobile and social media pages, and other goods and services offered, owned, or operated by CIIS (collectively “Services”). This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and CIIS.

BY USING THE SERVICES OR REGISTERING WITH ONE OF OUR SUBSITES, YOU ARE AGREEING TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THE TERMS OF USE, ANY OTHER AGREEMENTS AND MAY USE OUR SERVICES AS LONG AS YOU COMPLY WITH THE TERMS OF USE. THESE TERMS OF USE APPLY WHETHER YOU ARE ACCESSING THE SERVICES VIA A PERSONAL COMPUTER, A MOBILE DEVICE, OR ANY OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A “DEVICE”).

Contents

1. Changes to the Agreement

Occasionally we may, in our discretion, make changes to the Services and the Terms of Use. If we make changes to the Services and/or Terms of Use, we will post revised Terms of Use here, with an updated revision date. Any material changes will be posted here prior to the date the changes are made effective. You may stop using the Services if you do not agree with those changes. Your acceptance of and/or continued use of the Services after notification of changes to this Agreement will constitute your acceptance of such changes.

2. Electronic Communications

When you use the Services, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Use of Services

You agree that your use of the Services will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Services that could adversely affect CIIS, including engaging in or attempting to engage in the following conduct:

  • interrupting the operation of the Services in any manner whatsoever, including by imposing an unreasonable load on the Services;
  • deleting or revising any material or other information of any other user, CIIS, or any third party;
  • harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Services;
  • posting advertisements or solicitations of business other than those explicitly approved by Canon;
  • defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
  • engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Services, or which, in CIIS’s judgment, exposes CIIS or any of its users, customers, or suppliers to any liability or detriment of any type;
  • engaging in conduct affecting Canon adversely or reflecting negatively on Canon, the Services, Canon’s goodwill, name or reputation or causing duress, distress or discomfort to Canon or anyone else, or discouraging any person or entity from doing business with CIIS; or
  • taking any other action that could endanger or cause damage to CIIS, other users of the Services, or other third parties.

CIIS may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, Canon may also investigate your use of the Services and provide information about your use to law enforcement.

4. Our Intellectual Property Rights

Copyright. All materials on the Services, including but not limited to images, software, audio, text and video clips (the "Materials"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by CIIS or by its third-party licensors. You cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other website or networked computer environment for any purpose is prohibited.

Trademarks. CIIS trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to CIIS by Canon Inc. (collectively, the "Trademarks") displayed on the Services, including but not limited to the Canon logo, are registered and unregistered marks of CIIS or Canon Inc. All other trademarks, trade names, product names, service marks and all other non-CIIS marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of CIIS or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

Unsolicited Ideas. CIIS and its parent company, subsidiaries and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of CIIS, its parent company, affiliates and subsidiaries in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, CIIS does not solicit ideas, inventions, and the like or agree to receive any confidential information from persons or entities outside the Canon group of companies. CIIS maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Idea(s)") and therefore you should not submit any Unsolicited Ideas to CIIS through this Services or otherwise. CIIS does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, CIIS strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send CIIS an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of CIIS. By submitting an Unsolicited Idea to CIIS, you agree to convey your ownership interest in the Unsolicited Idea to CIIS, and that CIIS will exclusively own all rights, title and interest therein. Furthermore, CIIS will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. CIIS will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future CIIS uses or activities.

5. User IDs and Passwords

Certain areas of the Services may offer the opportunity to register or create an account. You will be asked to create a user ID and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. CIIS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If CIIS requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to CIIS changes, you agree to promptly provide CIIS with updated information.

6. Other Agreements; Software, Solutions, or Access

CIIS offers a vast portfolio of business solutions and services ranging from office and cloud implementation services and hosted solutions, document imaging services, support services and custom software, middleware and systems solutions engineering for many industries, including finance, healthcare, manufacturing and education, or access to subsites of the Services under Other Agreements. CIIS’s obligations with respect to any solution, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreements, under which such product or service is provided and these Terms shall not be deemed or construed to alter the terms of such Other Agreements.

7. Use of Software

Any software that is available on the Services ("Software") is the copyrighted work of CIIS and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, CIIS, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights. The Software available on the Services and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisitions Regulations Supplement 252.227-7013.

Export Controls. Software available on the Services is further subject to United States Export Controls. No software available on the Services may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or using the Commerce Department's Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

8. Links to Other Websites and Products

Canon Subsites. You may be required to agree to Other Agreements in order to access certain portions of the Services, which are known as "subsites." If you attempt to access a subsite that requires you to enter into such a supplemental agreement, the controller of that subsite will advise you and provide you with an opportunity to review the Other Agreement and agree to it before accessing the subsite or using such subsite’s services. Both these Terms of Use and the Other Agreements will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the Other Agreements, the Other Agreements will control, except that nothing in the Other Agreements may limit (a) CIIS’s disclaimer of warranties, (b) your agreement to indemnify CIIS or (c) the licenses you grant to CIIS or other intellectual property.

Third Party Links. Mention of third party products, companies and web sites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation. CIIS makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and CIIS is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that CIIS approves, or endorses or recommends that site. CIIS disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

9. Contests, Sweepstakes and Other Promotions

The Services may include contests, sweepstakes or other promotions ("Promotions") that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, which you must read and agree to before you may enter.

10. Disclaimer

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CIIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT CIIS WILL CONTINUE TO PROVIDE THE SERVICES OR, IF IT DOES CONTINUE TO PROVIDE THE SERVICES, THAT THE SERVICES WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SERVICES WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICES FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SERVICES MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CIIS CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST. CIIS THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SERVICES WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SERVICES. BECAUSE ACCESSING THE SERVICES IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CIIS'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL CIIS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF CIIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

CIIS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CIIS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CIIS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

11. Indemnification

You agree to indemnify, defend and hold CIIS and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in CIIS's defense of any such claim. You agree that CIIS shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that CIIS, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving CIIS, whether or not the settlement binds or is on behalf of CIIS, without the written consent of CIIS.

12. Termination

CIIS may terminate this agreement and/or suspend or terminate your access to the Services for any reason at any time without notice to you. If you wish to discontinue your access to the Services and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.

Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us are perpetual, these licenses survive any termination of this agreement.

13. Applicable Laws

The Services are administered by CIIS from its offices in Melville, New York, United States of America. These Terms of Use and the Other Agreements are governed and interpreted under the laws of the State of New York. You agree that any claim or dispute against CIIS arising out of or relating to the use of the Services must be resolved by a court located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

14. General Provisions

These Terms of Use and the CIIS Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and CIIS with respect to the Services. You acknowledge that any other agreements between you and CIIS with respect to the Services are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.