Terms AND CONDITIONS of Use
Last Updated October 22, 2018
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 5.
Our Intellectual
Property Rights 7.
Links to other
Websites and Products 8.
Disclaimer 10.
TERMINATION 11.
Applicable Laws
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.
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.
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;
§ Post or submit any
inaccurate, false, misleading or incomplete information, including your resume,
biographical data, or employment information, and any information contained
therein;
§
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.
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.
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.
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.
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.
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
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.
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.
You agree that there is no employment,
partnership, agency, joint employer or joint venture relationship between you
and CFS arising out of or resulting from your use of the Site. 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.