These Terms and Conditions of
Use (the "Terms of Use") apply to the USAT Corp. ("USAT Corp.” or “USAT”) web site and web store located at www.usatcorp.com and all
associated sites linked to www.usatcorp.com by its subsidiaries and
affiliates (collectively, the "Site"). The Site is the property of USAT Corp. and its licensors. If you do
not agree to all of the terms and conditions contained in the Terms of Use, do
not access or use this Site.
USAT Corp. reserves the
right, at its sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time. Your continued access or use of the Site, or
any Materials or Services, constitutes your acceptance of the changes. It is
your responsibility to check these Terms of Use periodically for changes. Your
access and use of the Site, Materials and Services will be subject to the most
current version of the Terms of Use, rules and guidelines posted on the Site at
the time of such use. Please regularly check the "Terms of Use" link
on the home page of USATCorp.com to view the then-current terms. Your
continued use of the Site following the posting of changes will mean that you
accept and agree to the changes.
If you breach any of the
Terms of Use, your authorization to access or use this Site, Services and
Materials automatically terminates, and any Materials downloaded or printed
from the Site in violation of the Terms of Use must be immediately destroyed. As
long as you comply with these Terms of Use, USAT Corp. grants you a personal,
non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics,
photographs, trademarks, logos, 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 USAT Corp., 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 reproduced,
republished, copied, posted, uploaded, publicly displayed, translated, encoded,
encrypted, transmitted or distributed in any way (including
"mirroring") to any other computer, server, laptop, smart device, Web
site or other medium for publication or distribution or for any commercial
enterprise, without USAT Corp.’s express prior written consent.
You may use information on USAT Corp. products and services (such as data sheets, knowledge base or wiki
publications, and similar materials) purposely made available by USAT Corp.
for view or downloading from the Site, provided that you (1) do not remove any
proprietary notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational purpose and do
not copy or post such information on any networked computer or broadcast it in
any media, (3) make no modifications to any such information, and (4) not make
any additional representations or warranties relating to such documents.
You may not collect, gather, harvest,
scrape, mine or engage in any other activity to obtain e-mail addresses, phone
numbers, personal information or any other information about others. You may
not use any 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. USAT Corp. reserves the right to
bar any such activity.
You may not use any Materials
in any manner that infringes any Intellectual Property Rights or other rights
of any party.
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 USAT Corp. 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 access or attempt
to access any Material that you are not authorized to access or Materials
through any means not intentionally made available through the Site or
Services. 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 use or attempt to gain access to or use
another's account, password, Service, Materials or computer systems or networks
connected to any USAT Corp. server or to the Site without authorization from
USAT Corp., whether through hacking, password mining or any other means.
You agree that you will not
take any action that imposes an unreasonable or disproportionately large load
on the infrastructure of the Site or USAT Corp.’s systems or networks, or any
systems or networks connected to the Site or to USAT Corp..
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 agree not to use any
USAT Corp. domain name as a pseudonymous return e-mail address. You may not forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to USAT Corp. 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 USAT Corp. or others.
Additional terms and
conditions may apply to purchases of goods or services and to specific portions
or features of the Site, including sales, 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.
USAT Corp.’s 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 this Site should
be construed to alter such agreements.
Pricing and availability as
set forth in the USAT Corp. Site are subject to change without notice. The USAT Corp. Site may contain references to future planned products of USAT Corp. and
our partners. Such products are only planned and may not actually be produced.
Any planned ship dates mentioned in reference to such future products are
estimated ship dates only, and are not guaranteed. In addition, the materials
on the Site with respect to products and services may be out of date, and USAT Corp. makes no commitment to update the materials on the Site with respect to
such products and services.
The following terms also
govern and apply to your use of the Site, and they are incorporated herein by
this reference:
Each of these policies may be
changed from time to time and are effective immediately upon posting such
changes on the Site.
Certain features or services
offered on or through the Site may require you to open an account (including
setting up an 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 USAT Corp. 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 USAT Corp. or any other user of or visitor to the Site due to someone else
using your ID, password or account.
You may not use anyone else’s
ID, password or account at any time without the express permission and consent
of the holder of that ID, password or account. USAT Corp. cannot and will not
be liable for any loss or damage arising from your failure to comply with these
obligations.
USAT Corp.’s Privacy Policy
applies to use of this Site, and its terms are made a part of these Terms of
Use by this reference. To view USAT Corp.’s Privacy Policy see “Privacy
Policy” available on the Site and accessible by search. Additionally, by using
the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is a
special notice that a particular transmission (for example, credit card
information) is encrypted.
This Site may contain links
to other independent third-party Web sites ("Linked Sites"). These
Linked Sites are provided solely as a convenience to our visitors. Such Linked
Sites are not under USAT Corp.’s control, and USAT Corp. 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.
THE USAT CORP. SITE,
SERVICES AND MATERIALS, ARE PROVIDED BY USAT CORP. UNDER THESE TERMS OF USE
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, USAT Corp. MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR
REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE
USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR
RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED
OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS
IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE
TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. USAT CORP. MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES
AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE
DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF
DATE, AND USAT Corp. MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND
SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) USAT Corp. DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES,
INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED
SITES; (ii) USAT Corp. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS
YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) USAT CORP. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY
THIRD PARTIES.
USAT Corp. DOES NOT CONTROL OR ENDORSE THE
MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH
REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE
SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS
AND OTHER THIRD PARTIES ARE NOT AUTHORIZED USAT Corp. SPOKESPERSONS, AND
THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF USAT Corp.. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, USAT Corp. WILL HAVE NO LIABILITY RELATED TO USER
MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY,
PUBLICITY, OBSCENITY OR OTHER LAWS. USAT Corp. ALSO DISCLAIMS ALL LIABILITY
WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER
MATERIALS.
YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST USAT Corp. 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 USE OF THE SITE, SERVICES OR THE
DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. USAT Corp. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN
CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM USAT Corp. OR VIA THE SITE, SERVICES OR
MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
USAT Corp. WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF
SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY
SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
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.
USAT Corp. 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.
In no event shall USAT Corp., its officers, directors, employees, partners or suppliers be liable to you
or any third party for any special, punitive, incidental, indirect or
consequential damages or losses of any kind, or any damages or losses
whatsoever, including those resulting from loss of use, data or profits,
whether or not foreseeable or if USAT Corp. has been advised of the
possibility of such damages or losses, and on any theory of liability,
including breach of contract or warranty, negligence or other tortuous action,
or any other claim arising out of or in connection with: (1) the access or use
of or the inability to access or use the site, services, or materials; (2) the
statements or actions of any third party on or via the site, services or
materials; (3) any dealings with vendors or other third parties; (4) any
unauthorized access to or alteration of your transmissions, user materials or
other data; (5) any information that is sent or received or not sent or
received; (6) any failure to store or loss of data, files, materials or other
content; (7) any services available that are delayed or interrupted; (8) any
web site referenced or linked to from this site; or (9) your access to or use
of or inability to access or use any linked site. Some jurisdictions prohibit
the exclusion or limitation of liability for consequential or incidental
damages. Accordingly, the limitations and exclusions set forth above may not
apply to you.
If, notwithstanding the other
provisions of these Terms of Use, USAT Corp. 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, USAT Corp.’ 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 USAT Corp. (but not including the
purchase price for any USAT Corp. hardware products or any USAT Corp.
support program), or (2) US$100.00. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and
hold USAT Corp., 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 USAT Corp. by any third party due to or
arising out of or in connection with your use of the Site.
USAT Corp. 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) USAT Corp.’ rights or property, or the
rights or property of visitors to or users of the Site, including USAT Corp.’
customers. USAT Corp. reserves the right at all times to disclose any
information that USAT Corp. deems necessary to comply with any applicable
law, regulation, legal process or governmental request. USAT Corp. also may
disclose your information when USAT Corp. 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 USAT Corp. may preserve any transmittal or communication by you with USAT Corp. 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 USAT Corp. 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 USAT Corp., its employees, users of or visitors to the
Site, and the public.
You agree that USAT Corp.
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 USAT Corp., for which monetary damages
would be inadequate, and you consent to USAT Corp. obtaining any injunctive
or equitable relief that USAT Corp. deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies USAT Corp. may have at law or in equity.
You agree that USAT Corp.
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 USAT Corp. does take any
legal action against you as a result of your violation of these Terms of Use, USAT Corp. 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 USAT Corp.. You agree that USAT Corp. 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.
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
USAT Corp. administers and
operates the www.USATCorp.com Site from its location in
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
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 USAT Corp. with regard to your use of the Site, and
any and all other written or oral agreements or understandings previously
existing between you and USAT Corp. with respect to such use are hereby
superseded and cancelled. USAT Corp. will not accept any counter-offers to
these Terms of Use, and all such offers are hereby categorically rejected. USAT Corp.’s failure to insist on or enforce strict performance of these Terms of Use
shall not be construed as a waiver by USAT Corp. of any provision or any
right it has to enforce these Terms of Use, nor shall any course of conduct
between USAT Corp. 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.
Any use of USAT Corp.
trademarks for commercial purposes without the prior written consent of USAT Corp. may constitute trademark infringement and unfair competition in violation
of federal and state laws. Refer to USAT Corp.’ Third Party Trademark Policy
for more information, available on request.
To obtain permission to use USAT Corp. copyrighted materials or if you have any questions concerning the usage or
licensing of USAT Corp. copyrighted materials, please submit your detailed
request in writing. You can e-mail your request to legal@usatcorp.com or fax it to
USAT Corp. or any of its
employees do not accept or consider unsolicited ideas, including ideas for
advertising campaigns, promotions, products, technologies, processes,
materials, marketing plans or product names. Please do not send any original
creative artwork, suggestions or other works. The sole purpose of this policy
is to avoid potential misunderstandings or disputes when USAT Corp.' products
or marketing strategies might seem similar to ideas submitted to USAT Corp..
So, please do not send your unsolicited ideas to USAT Corp. or anyone at USAT Corp.. If, despite our request that you not send us your ideas, you still send
them, then regardless of what your letter says, the following terms shall apply
to your idea submission.
You agree that: (1) your
ideas will automatically become the property of USAT Corp., without
compensation to you, and (2) USAT Corp. can use the ideas for any purpose and
in any way, even give them to others.
USAT Corp. does, however,
welcome your feedback regarding many areas of USAT Corp.' existing business.
If you want to send us your feedback, and we hope you do, we simply request
that you send it to us at sales@usatcorp.com,
or you can choose from other listed areas for your feedback. Please provide
only specific feedback on USAT Corp.' existing products or marketing
strategies; do not include any ideas that USAT Corp.' policy will not permit
it to accept or consider. It's just one more way that USAT Corp. can learn
how to best satisfy your needs.
Use of any software from this
Site is subject to the software license terms set forth in their respective Software
Licenses. The software license agreements are available for review whenever
software is downloaded at this site.
Any person is hereby
authorized to: a) store documentation on a single computer for personal use
only and b) print copies of documentation for personal use provided that the
documentation contains USAT Corp.’ copyright notice or their respective
owner’s copyright notice.
Mention of third-party
products, companies and web sites on the USAT Corp. Site is for informational
purposes only and constitutes neither an endorsement nor a recommendation. USAT Corp. assumes no responsibility with regard to the selection, performance or use
of these products or vendors. USAT Corp. provides this only as a convenience
to our users. USAT Corp. has not tested all hardware and software found on
these sites and makes no representations regarding the quality, safety, or
suitability of any software found there. There are dangers inherent in the use
of any software found on the Internet, and USAT Corp. assumes no
responsibility with regard to the performance or use of these products. Make
sure that you completely understand the risks before retrieving any software on
the Internet. All third party products licenses and warranties, if any, take place
between you and the third-party.
Every Purchase from this Site
is subject to USAT Corp.’ Terms and Conditions of Sale and to the terms set
forth in the Terms of Use Agreement. Please refer to these prior to making any
purchase. The Terms and Conditions of Sale are accessible from the Site home
page and by request.
The information contained in
this Site is subject to change without notice. USAT Corp.. Updated
August, 2006.