These following Terms of Use (“Terms”) apply to your access to www.scantron.com, and any other web site provided by Scantron, including but not limited to those accessible by password only (collectively the “Web Site”), and your access to and use of the Web Site is subject to the Terms. Please read the Terms carefully before using the Web Site. When you access, browse or use the Web Site, you accept, without limitation or qualification, the Terms. If you do not agree with the Terms, do not use the Web Site.
OWNERSHIP OF RIGHTS AND LIMITATION OF USE
All contents on this Web Site and all copyrights, trademarks and any other intellectual property rights related to these contents are owned by Scantron Corporation or the owner of such contents. Except to the extent expressly permitted by applicable law, no contents on this Web Site may be used, copied, modified, translated, distributed or otherwise utilized without the prior permission of Scantron Corporation or the owner of the contents. Scantron Corporation reserves the right to add, delete, or modify these Terms or the contents of this Web Site at any time without notice. As such, please check the Terms periodically for changes. Your continued use of the Web Site following the posting of changes to the Terms will mean that you accept the changes.
DISCLAIMERS OF WARRANTIES
THE CONTENTS ON THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS). Scantron Corporation does not warrant that the contents are error-free. Scantron Corporation will use reasonable efforts to place accurate and up-to-date information on this Web Site but makes no warranty of its accuracy, completeness and/or timeliness.
DISCLAIMER OF LINKS
Except for this Web Site, Scantron Corporation. does not operate or maintain contents on web sites that are directly or indirectly linked from this Web Site (the “Linked Sites”). Any reference to a Linked Site or to a specific third party’s product or service on the Web Site or a Linked Site, is not a recommendation by Scantron Corporation. Scantron Corporation disclaims liabilities for access to and use of Linked Sites.
LIMITATION OF LIABILITY
SCANTRON CORPORATION IS NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF THE ACCESS TO OR INABILITY TO ACCESS TO THIS WEB SITE OR THE LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall indemnify and hold Scantron, its parent, affiliated and subsidiary entities, and each of its and their respective officers, directors, employees, agents, successors, licensees and assigns harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising out of or in connection with the use of this Site.
TRANSMITTED MATERIALS
Any materials, information, or ideas that you transmit to or post to the Web Site (“Transmitted Material”) is deemed non-confidential and non-proprietary and Scantron Corporation has no obligations including without limitation confidentiality, and/or compensation obligations in connection with the Transmitted Material. You acknowledge and agree that such submission(s) shall be deemed, and shall remain, the property of Scantron.
PUBLIC COMMUNICATION AND FORUM CONDUCT
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Web Site. Scantron does not control the Content posted by you or others on the Web Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Scantron will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Web Site. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to a Scantron official, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party; contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Web Site or any servers or networks connected to the Web Site, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Web Site. Without limiting the foregoing, Scantron and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You acknowledge and agree that Scantron may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Scantron, its users and the public.
LINKING TO THE WEB SITE
Permission is granted to link to the Web Site if you comply with the following linking policy: your site must not slander or damage Scantron Corporation, its products and services, or contain inappropriate content; you may not create a frame around Scantron Corporation content or create any impression by any other method that the content does not belong to Scantron Corporation; you must use our name correctly. This permission terminates automatically if you breach any terms or conditions of these Terms or any applicable terms of use. Upon termination, you must remove any link.
JURISDICTION
You are responsible for complying with the laws of the jurisdiction from which you are accessing the Web Site and you agree that you will not access or use the information on the Web Site in violation of such laws. The terms of use are governed by and are in accordance with the laws of the State of California. If you attempt to bring any legal proceedings against Scantron you specifically acknowledge that Scantron is free to choose the jurisdiction of our preference as to where such action against us may be held. Scantron shall make such decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited the Web Site.
NOTICE OF COPYRIGHT INFRINGEMENT CLAIMS
Scantron is concerned about protecting the copyright and other intellectual property rights of others. You may notify Scantron by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this web site:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material;
- Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
- A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and a statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Please provide your notification to our Customer Success team who may be contacted as follows:
E-mail: customersuccess@scantron.com