Last Updated: December 23, 2009
This web site, including any portion of this web site accessible through the homepage, (collectively, the “Site”) is published and maintained by Davis Business Machines, Inc. and its subsidiaries, affiliates and/or related entities (“Davis Business Machines”). This document is a legal contract, and by accessing, browsing, or using the Site you agree to be bound, without limitation or qualification, to the terms of use (“Terms of Use”) set forth below.
Davis Business Machines reserves the right to modify, change, alter or otherwise edit these Terms of Use at any time by updating this posting. By continuing to use the Site after Davis Business Machines publishes changes, you agree to be bound by such changes. Davis Business Machines recommends that you periodically visit this page to review the then current Terms of Use. The most recent date on which the Terms of Use were updated will be indicated above. If you do not agree to these Terms of Use, or to any modification thereof, you are not authorized to use the Site.
This Site is only for your personal use. As long as you comply with these Terms of Use, Davis Business Machines grants you a non-exclusive, non-transferable, non-sublicensable, limited right to enter, display and use the Site.
You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect Davis Business Machines, including engaging in or attempting to engage in the following conduct:
- interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site’s infrastructure;
- deleting or revising any material or other information of any other user, Davis Business Machines, 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 Site;
- posting advertisements or solicitations of business other than those explicitly approved by Davis Business Machines;
- defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
- engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in Davis Business Machines’s judgment, exposes Davis Business Machines or any of its users, customers, or suppliers to any liability or detriment of any type; or
- taking any other action that could endanger or cause damage to Davis Business Machines, other users of the Site, or other third parties.
Davis Business Machines 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 license to access the Site or initiation of civil or criminal legal proceedings. Under these circumstances, Davis Business Machines may also investigate your use of the Site and provide information about your use to law enforcement.
You may be required to agree to a supplemental terms of use agreement in order to access certain portions of the Site, which are known as “subsites.” If you attempt to access a subsite that requires you to enter into such a supplemental agreement, Davis Business Machines will advise you and provide you with an opportunity to review the supplemental terms and agree to them before accessing the subsite or using such subsite’s services. Both these Terms of Use and the supplemental terms will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the supplemental terms, the supplemental terms of use will control, except that nothing in the supplemental terms of use may limit (a) Davis Business Machines’s disclaimer of warranties, (b) your agreement to indemnify Davis Business Machines, or (c) the licenses you grant to Davis Business Machines in your Communications or other intellectual property.
OUR INTELLECTUAL PROPERTY RIGHTS
Copyright:
All materials on the Site, including but not limited to images, software, audio, text and video clips (the “Content”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by Davis Business Machines or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other web site or networked computer environment for any purpose is prohibited.
Trademarks:
Davis Business Machines trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Davis Business Machines by Canon Inc. (collectively, the “Trademarks”) displayed on the Site, including but not limited to the Canon logo, are registered and unregistered marks of Davis Business Machines or Canon Inc. All other trademarks, trade names, product names, service marks and all other non-Davis Business Machines marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Davis Business Machines or such third party that may own other trademarks displayed on the Site. The absence of a product or service name or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide Davis Business Machines’s designated copyright agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that Davis Business Machines may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Davis Business Machines will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username 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. You agree to immediately notify Davis Business Machines of any unauthorized use of your password or account or any other breach of security that you become aware of. Davis Business Machines cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If Davis Business Machines 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 Davis Business Machines changes, you agree to promptly provide Davis Business Machines with updated information.
Any software that is available on this Site (“Software”) is the copyrighted work of Davis Business Machines 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, Davis Business Machines, 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 Site 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 if Defense Federal Acquisitions Regulations Supplement 252.227-7013.]
Export Controls: Software from this Site is further subject to United States Export Controls. No software from this Site 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.
COMMUNICATIONS AND SUBMISSIONS
User Communications:
Other than Personally Identifiable Information, which is defined and covered in the Davis Business Machines’s Online Privacy Statement, any material, information or other communication you send or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Davis Business Machines will have no obligations with respect to the Communications.
By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Site, you understand and agree that you are giving Davis Business Machines a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that Davis Business Machines has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.
You agree that none of your Communications will include material that:
- is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
- could interfere with anyone else’s use of the Site;
- encourages or incites anyone to break the law;
- violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
- contains a virus or any other harmful or potentially harmful component; or
- contains false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although you are solely responsible for the content you provide, Davis Business Machines may, but is not required to, monitor Communications. If Davis Business Machines becomes aware of Communications that violate these Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Davis Business Machines may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in these Terms of Use.
If you notice that any other user’s submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact Davis Business Machines by e-mailing connect@dbm.net.
Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others. By sending Communications to Davis Business Machines, you release Davis Business Machines of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.
Unsolicited Ideas:
Davis Business Machines 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 Davis Business Machines, 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, Davis Business Machines 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. Davis Business Machines maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Unsolicited Ideas”) and therefore you should not submit any Unsolicited Idea to Davis Business Machines in any Communications through this Site or otherwise. Davis Business Machines 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, Davis Business Machines 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 Davis Business Machines an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Davis Business Machines. By submitting an Unsolicited Idea to Davis Business Machines, you agree to convey your ownership interest in the Unsolicited Idea to Davis Business Machines, and that Davis Business Machines will exclusively own all rights, title and interest therein. Furthermore, Davis Business Machines 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. Davis Business Machines will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future Davis Business Machines uses or activities.
THIRD PARTY COMPANIES & PRODUCTS
Mention of third party products, companies and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Davis Business Machines 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 Davis Business Machines is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that Davis Business Machines approves, or endorses or recommends that site. Davis Business Machines 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.
CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
This Site may contain 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. Please also see Davis Business Machines’s Online Privacy Statement for further information concerning contests, sweepstakes and other promotions administered by Davis Business Machines.
RULES FOR KIDS (UNDER THE AGE OF 13)
This site is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on this Site are intended for sale in the United States only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.
SITE INFORMATION REGARDING DAVIS BUSINESS MACHINES PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY Davis Business Machines WITH RESPECT TO ANY PRODUCT OR SERVICE AND Davis Business Machines HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Davis Business Machines 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 SITE, (2) THAT THE SERVER THAT MAKES THIS SITE 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 Davis Business Machines WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND Davis Business Machines CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. Davis Business Machines THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO DAVIS BUSINESS MACHINES’ NEGLIGENCE OR GROSS NEGLIGENCE, WILL DAVIS BUSINESS MACHINES, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, 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 DAVIS BUSINESS MACHINES 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.
DAVIS BUSINESS MACHINES DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. Davis Business Machines 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 SITE, 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 Davis Business Machines’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 SITE.
You agree to indemnify, defend and hold Davis Business Machines 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 Site or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Davis Business Machines’s defense of any such claim. You agree that Davis Business Machines 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 Davis Business Machines, 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 Davis Business Machines, whether or not the settlement binds or is on behalf of Davis Business Machines, without the written consent of Davis Business Machines.
Davis Business Machines may terminate this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. If you wish to discontinue your access to the Site 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 in your Communications are perpetual, these licenses survive any termination of this agreement.
This Site is administered by Davis Business Machines from its offices in Allentown, Pennsylvania, United States of America and is intended only for use by residents of the United States of America. These Terms of Use are governed and interpreted under the laws of the Commonwealth of Pennsylvania. You agree that any claim or dispute against Davis Business Machines arising out of or relating to the use of this Site must be resolved by a court located in New York unless otherwise agreed upon by all parties.
These Terms of Use and the Davis Business Machines Online Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and Davis Business Machines with respect to the Site. You acknowledge that any other agreements between you and Davis Business Machines with respect to the Site 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 SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.