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Conditions of Use |
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Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Idaxis
website located at www.idaxis.com, and all associated sites linked to
www.idaxis.com by Idaxis, its subsidiaries and affiliates (collectively, the
"Site"). The Site is the property of Idaxis, and its
licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU
DO NOT AGREE, DO NOT USE THE SITE.
Idaxis reserves the right, at its sole discretion, to change, modify, add or remove
portions of these Terms of Use, at any time. It is your responsibility to check these Terms
of Use periodically for changes. Your continued use of the Site following the posting of
changes will mean that you accept and agree to the changes. As long as you comply with
these Terms of Use, Idaxis grants you a personal, non-exclusive, non-
transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork and computer code (collectively, "Content"), including but not
limited to the design, structure, selection, coordination, expression, "look and feel" and
arrangement of such Content, contained on the Site is owned, controlled or licensed by or
to Idaxis, and is protected by trade dress, copyright, patent and trademark laws,
and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted or distributed in any way (including "mirroring") to any other
computer, server, website or other medium for publication or distribution or for any
commercial enterprise, without Idaxis' express prior written consent.
You may use information on Idaxis products and services (such as data sheets,
knowledge base articles, and similar materials) purposely made available by Idaxis for downloading from the Site, provided that you (1) not remove any
proprietary notice language in all copies of such documents, (2) make no modifications to
any such information, and (3) not make any additional representations or warranties
relating to such documents.
Your Use of the Site
You may not use any "deep-link," "page-scrape," "robot," "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the Site or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Site. Idaxis reserves the
right to bar any such activity.
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 Idaxis 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 may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to the Site, or any other customer of Idaxis, including any Idaxis account not owned by you, to its source, or
exploit the Site or any service or information made available or offered by or through the
Site, in any way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as provided
for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Idaxis' systems
or networks, or any systems or networks connected to the Site or to Idaxis.
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 may not forge headers or otherwise manipulate identifiers in order to disguise the
origin of any message or transmittal you send to Idaxis on or through the Site or
any service offered on or through the Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by
these Terms of Use, or to solicit the performance of any illegal activity or other activity
which infringes the rights of Idaxis or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to
specific portions or features of the Site, including contests, promotions or other similar
features, all of which terms are made a part of these Terms of Use by this reference. You
agree to abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate in such service or
feature. If there is a conflict between these Terms of Use and the terms posted for or
applicable to a specific portion of the Site or for any service offered on or through the
Site, the latter terms shall control with respect to your use of that portion of the Site or the
specific service.
Idaxis' obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on the Site
should be construed to alter such agreements.
Idaxis 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 Idaxis makes no commitment to update the materials on the Site with respect to such
products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an
account (including setting up an Idaxis ID and password). You are entirely
responsible for maintaining the confidentiality of your account information, including
your password, and for any and all activity that occurs under your account. You agree to
notify Idaxis immediately of any unauthorized use of your account or password,
or any other breach of security. However, you may be held liable for losses incurred by
Idaxis or any other user of or visitor to the Site due to someone else using your
Idaxis ID, password or account.
You may not use anyone else's Idaxis ID, password or account at any time
without the express permission and consent of the holder of that Idaxis ID,
password or account. Idaxis cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Links to Other Sites and to the Idaxis Site
This Site may contain links to other independent third-party websites ("Linked Sites").
These Linked Sites are provided solely as a convenience to our visitors. Such Linked
Sites are not under Idaxis' control, and Idaxis is not responsible for and
does not endorse the content of such Linked Sites, including any information or materials
contained on such Linked Sites. You will need to make your own independent judgment
regarding your interaction with these Linked Sites.
Disclaimers
IDAXIS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,
SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT
YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND
ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE
WITHOUT NOTICE. IDAXIS CANNOT ENSURE THAT ANY FILES OR
OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES
OR CONTAMINATION OR DESTRUCTIVE FEATURES. IDAXIS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IDAXIS DISCLAIMS
ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF
ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF
THE SITE AND/OR ANY IDAXIS SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST IDAXIS FOR DISSATISFACTION
WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN
BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or destruction of or
unauthorized access to, alteration of, or use, whether for breach of contract, tort,
negligence or any other cause of action.
Idaxis reserves the right to do any of the following, at any time, without notice:
(1) to modify, suspend or terminate operation of or access to the Site, or any portion of
the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and
any applicable policies or terms; and (3) to interrupt the operation of the Site, or any
portion of the Site, as necessary to perform routine or non-routine maintenance, error
correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Idaxis be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including lost profits,
even if Idaxis has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Idaxis is found to
be liable to you for any damage or loss which arises out of or is in any way connected
with your use of the Site or any Content, Idaxis' liability shall in no event exceed
the greater of (1) the total of any subscription or similar fees with respect to any service
or feature of or on the Site paid in the six months prior to the date of the initial claim
made against Idaxis (but not including the purchase price for any Idaxis
hardware or software products or any support program), or (2) US$100.00. Some
jurisdictions do not allow limitations of liability, so the foregoing limitation may not
apply to you.
Indemnity
You agree to indemnify and hold Idaxis, 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 Idaxis by any third party due to or arising out of or in
connection with your use of the Site.
Violation of These Terms of Use
Idaxis may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any investigation or
complaint regarding your use of the Site, or to identify, contact or bring legal action
against someone who may be causing injury to or interference with (either intentionally
or unintentionally) Idaxis' rights or property, or the rights or property of visitors
to or users of the Site, including Idaxis' customers. Idaxis reserves the
right at all times to disclose any information that Idaxis deems necessary to
comply with any applicable law, regulation, legal process or governmental request. Idaxis also may disclose your information when Idaxis determines that
applicable law requires or permits such disclosure, including exchanging information
with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Idaxis may preserve any transmittal or
communication by you with Idaxis through the Site or any service offered on or
through the Site, and may also disclose such data if required to do so by law or Idaxis determines that such preservation or disclosure is reasonably necessary to (1)
comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any
such data violates the rights of others, or (4) protect the rights, property or personal safety
of Idaxis, its employees, users of or visitors to the Site, and the public.
You agree that Idaxis may, in its sole discretion and without prior notice,
terminate your access to the Site and/or block your future access to the Site if we
determine that you have violated these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site. You also agree that any violation by
you of these Terms of Use will constitute an unlawful and unfair business practice, and
will cause irreparable harm to Idaxis, for which monetary damages would be
inadequate, and you consent to Idaxis obtaining any injunctive or equitable relief
that Idaxis deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies Idaxis may have at law or in
equity.
You agree that Idaxis may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not limited to) (1)
requests by law enforcement or other government agencies, (2) a request by you (self-
initiated account deletions), (3) discontinuance or material modification of the Site or any
service offered on or through the Site, or (4) unexpected technical issues or
problems.
If Idaxis does take any legal action against you as a result of your violation of
these Terms of Use, Idaxis will be entitled to recover from you, and you agree to
pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief
granted to Idaxis. You agree that Idaxis will not be liable to you or to
any third party for termination of your access to the Site as a result of any violation of
these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all
disputes, will be governed by the laws of the United States and by the laws of the
Commonwealth of Virginia without regard to its conflicts of laws provisions. You agree
to the personal jurisdiction by and venue in the state and federal courts in Virginia, and
waive any objection to such jurisdiction or venue. Any claim under these terms of Use
must be brought within one (1) year after the cause of action arises, or such claim or
cause of action is barred. No recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be entitled to costs and
attorneys' fees. In the event of any controversy or dispute between Idaxis and
you arising out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to resolve any
such dispute within a reasonable time (not to exceed thirty (30) days), then either party
may submit such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy available
to them under applicable law.
Void Where Prohibited
Idaxis administers and operates the www.scbsolutions.com Site from its location
in Arlington, Virginia USA; other Idaxis sites may be administered and operated
from various locations outside the United States. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced, provided or
offered through or on the Site are available to all persons or in all geographic locations,
or appropriate or available for use outside the United States. Idaxis reserves the
right to limit, in its sole discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature, product or service
made on the Site is void where prohibited. If you choose to access the Site from outside
the United States, you do so on your own initiative and you are solely responsible for
complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such
Content, or any product or service offered on the Site, in violation of any applicable laws
or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision that best
embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement between you and
Idaxis with regard to your use of the Site, and any and all other written or oral
agreements or understandings previously existing between you and Idaxis with
respect to such use are hereby superseded and cancelled. Idaxis will not accept
any counter-offers to these Terms of Use, and all such offers are hereby rejected. Idaxis' failure to insist on or enforce strict performance of these Terms of Use shall
not be construed as a waiver by Idaxis of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between Idaxis and
you or any other party be deemed to modify any provision of these Terms of Use. These
Terms of Use shall not be interpreted or construed to confer any rights or remedies on
any third parties.
Feedback and Information
Any feedback you provide at the Site shall be deemed to be non-confidential. Idaxis shall be free to use such information on an unrestricted basis.
The information contained in this website is subject to change without notice.
Copyright (c) 2021 Idaxis, Inc. All rights reserved.
Effective April 2021
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