Terms AND CONDITIONS of Use

Last Updated June 8, 2015

Canon Financial Services, Inc. is a member of the Canon family of companies ("CFS," “we,” “us,” or “our”). Our Terms and Conditions of Use (“Terms of Use”) consist of these terms, the online Privacy Statement, and any supplemental terms or agreements (“Other Agreements,” collectively, the “Terms”) provided to you in connection with your use of this or any of the websites, social or mobile pages owned or operated by CFS (the “Site”).  This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and CFS.

By using the SITE, you are agreeing to be bound, without limitation or qualification, to the TERMS.  You may use our SITE as long as you comply with the TERMS.  These TERMS apply whether you are accessing the SITE via a personal computer, a mobile device, or any other technology or device now known or hereafter developed (each a “Device”).

 

Contents

1.                    ELIGIBILITY

2.                    CHANGES TO THE AGREEMENT

3.                    ELECTRONIC COMMUNICATIONS

4.                    USE OF SERVICES

5.                    Our Intellectual Property Rights

6.                    Usernames and Passwords

7.                    Links to other Websites and Products

8.                    Disclaimer

9.                    Indemnification

10.                  TERMINATION

11.                  Applicable Laws

12.                  General Provisions

 

 

 

 

 

 

 

 

 

 

 


1.                            ELIGIBILITY

In order to use the Site, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.

***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.

2.                            CHANGES TO THE AGREEMENT

 

Occasionally we may, in our discretion, make changes to the Site and the Terms of Use. Any material changes will be communicated to you 30 days prior to the changes are made effective. You may stop using the Site if you do not agree with those changes.  Your acceptance of and/or continued use of the Site after notification of changes to this agreement will constitute your acceptance of such changes.

3.                            ELECTRONIC COMMUNICATIONS

When you use the Site, participate in a chat session, 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 Site.  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.

4.                            USE OF 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 CFS, including engaging in or attempting to engage in the following conduct:

§  Interrupting the operation of the Site in any manner whatsoever, including by imposing an unreasonable load on the Site;

§  Deleting or revising any material or other information of any other user, CFS, 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 CFS;

§  Defeating, investigating, or providing information concerning methods of defeating 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 conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Site, or which, in CFS’s judgment, exposes CFS or any of its users, customers, or suppliers to any liability or detriment of any type;

§  Engaging in conduct affecting CFS adversely or reflecting negatively on CFS, the Site, CFS’s goodwill, name or reputation or causing duress, distress or discomfort to CFS or anyone else, or discouraging any person or entity from doing business with CFS; or

§  Taking any other action that could endanger or cause damage to CFS, other users of the Site, or other third parties.

CFS 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 Site or initiation of civil or criminal legal proceedings.  Under these circumstances, CFS may also investigate your use of the Site and provide information about your use to law enforcement.

5.                            OUR INTELLECTUAL PROPERTY RIGHTS

Copyright:  All materials on the Site, 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 CFS 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 web site or networked computer environment for any purpose is prohibited.

Trademarks:  CFS trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to CFS by Canon Inc. (collectively, the "Trademarks") displayed on the Site, including but not limited to the CFS logo, are registered and unregistered marks of CFS or Canon Inc.  All other trademarks, trade names, product names, service marks and all other non-CFS marks are the property of their respective owners. Nothing contained on the 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 CFS 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 the 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 CFS’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 CFS 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.

CFS’s copyright agent for notice of claims of infringement on the Site is:

 

By U.S. Mail: Canon Financial Services, Inc., 158 Gaither Drive, Suite 200, Mount Laurel, NJ 08054.

 

By Email:  customer@cfs.canon.com

 

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)), CFS 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.

6.            USERNAMES AND PASSWORDS

Certain areas of the Site may offer the opportunity to register or create an account.  You will be asked to create a username and password in connection with such an account.  You may not create an account on behalf of a legal entity unless you have been authorized by that legal entity to do so.  Accounts created on behalf of a legal entity must designate at least one individual as an authorized user that will have the authority to bind the legal entity.  CFS reserves the right to contact the legal entity you have created an account for to verify that you have been authorized to create an account on its behalf.  You may never use another’s account without permission from an authorized user.  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.  CFS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If CFS 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 CFS changes, you agree to promptly provide CFS with updated information.

7.            LINKS TO OTHER WEBSITES AND PRODUCTS

Mention of third party products, companies and web sites on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation.  CFS 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 CFS is not responsible for the content of any site linked to or from the Site.  Links from the Site to any other site do not mean that CFS approves, or endorses or recommends that site.  CFS 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.

8.            DISCLAIMER

YOUR USE OF THE Site IS SOLELY AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE Site) ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CFS 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 THE 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 CFS WILL CONTINUE TO PROVIDE THE Site OR, IF IT DOES CONTINUE TO PROVIDE THE Site, THAT CFS WILL CONTINUE TO PROVIDE THE Site OR THAT THE Site WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.  CFS disclaims any responsibility for typographical errors and accuracy of the information that may be contained on the SITE.

OTHER USERS OF THE SITE MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CFS CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST.  CFS 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 CFS’S NEGLIGENCE OR GROSS NEGLIGENCE, WILL CFS, 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 CFS 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.

CFS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW.  CFS 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 CFS'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.

9.            INDEMNIFICATION

You agree to indemnify, defend and hold CFS 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 CFS's defense of any such claim. You agree that CFS 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 CFS, 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 CFS, whether or not the settlement binds or is on behalf of CFS, without the written consent of CFS

10.          TERMINATION

CFS 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 are perpetual, these licenses survive any termination of this agreement.

11.          APPLICABLE LAWS

The Site is administered by CFS from its offices in Mount Laurel, New Jersey, United States of America.  The Terms are governed and interpreted under the laws of the State of New Jersey. You agree that any claim or dispute against CFS arising out of or relating to the use of the Site must be resolved by a court located in Burlington County or Camden County, New Jersey, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Site 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.

12.          GENERAL PROVISIONS

The Terms set forth the entire understanding and agreement between you and CFS with respect to the Site. 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.