Uva Software, LLC welcomes you to its offering of scanii.com, Uva Software, LLC provides the services to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using scanii.com, you accept and agree to be bound by the terms and provision of the TOS. At all times, you can access a copy of the TOS by accessing http://docs.scanii.com/tos.html
In consideration of your use of the scanii.com, should you choose to subscribe to our services, you agree to: (a) provide true, accurate, current and complete information about yourself or your business as prompted by the scanii.com registration form and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Uva Software, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Uva Software, LLC has the right to suspend or terminate your account and refuse any and all current or future use of scanii.com (or any portion thereof).
You will create a password and account designation upon completing the scanii.com’s registration process. 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 Uva Software, LLC of any unauthorized use of your password or account or any other breach of security. Uva Software, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with these rules.
By enrolling in a premium service, you agree to pay Uva Software, LLC the monthly or annual subscription fees required to maintain the level of premium service you selected. Payments will be charged at the beginning of the month and will cover services for the month following the charge. These fees are non-refundable. Uva Software, LLC reserves the right to change the payment terms and fees upon (30) days prior written notice to you.
Premium Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time concerning the use of the Premium Services. Uva Software, LLC agrees to make reasonable efforts to respond within one business day. Uva Software, LLC makes no assertion that it will be able to address support requests in their entirety within one business day. “Priority” means that support for Premium Services customers takes priority over support for users of the standard, free Scanii.com blogging services.
You agree to indemnify and hold Uva Software, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise input into scanii.com, your use of the scanii.com, your connection to scanii.com, your violation of the TOS, or your violation of any rights of another.
Use of our service to process content submitted by your customers is an awesome and acceptable use of our service. In fact, it is the purpose of our product. However, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Scanii.com site (including Content, advertisements, and Software) beyond the processing of content submitted by your customers without express, written consent of Uva Software, LLC.
Uva Software, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, scanii.com (or any part thereof) with or without notice. You agree that Uva Software, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of scanii.com (or any part thereof).
You may terminate your scanii.com account at any time. Cancellation applies to the month following the submission for cancellation. Therefore, you will be billed for the month in which you cancel, but not for the month after you cancel.
You agree that Uva Software, LLC may, without prior notice, immediately terminate, limit your access to or suspend your scanii.com account. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to scanii.com (or any part thereof), (d) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with your scanii.com account. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Uva Software, LLC’ sole discretion and that Uva Software, LLC shall not be liable to you or any third party for any termination of your account or limitation/termination of your access to the scanii.com services.
Termination of your scanii.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the scanii.com portfolio, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the scanii.com services.
You acknowledge and agree that the scanii.com services and any necessary software used in connection with the scanii.com services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or as authorized by Uva Software, LLC or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on scanii.com, such Content or the Software, in whole or in part.
Uva Software, LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software ; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to scanii.com. You agree not to access scanii.com by any means other than through the interface that is provided by Uva Software, LLC for use in accessing scanii.com
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SCANII.COM SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SCANII.COM SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UVA SOFTWARE, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. UVA SOFTWARE, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SCANII.COM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SCANII.COM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SCANII.COM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SCANII.COM SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UVA SOFTWARE, LLC OR THROUGH OR FROM THE SCANII.COM SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UVA SOFTWARE, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UVA SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SCANII.COM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SCANII.COM SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SCANII.COM SERVICE.
Entire Agreement. The TOS constitutes the entire agreement between you and Uva Software, LLC and governs your use of the Scanii.com Services, superseding any prior version of this TOS between you and Uva Software, LLC with respect to the scanii.com services.
Choice of Law and Forum. You and Uva Software, LLC each agree that the TOS and the State of Arizona without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Uva Software, LLC, shall be brought exclusively in the courts located in the county of Maricopa County, Arizona or in a U.S. District Court of Arizona. You and Uva Software, LLC agree to submit to the personal jurisdiction of the courts located within the county of Maricopa, Arizona and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Uva Software, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Uva Software, LLC account is non-transferable and any rights to your scanii.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the scanii.com services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
This Agreement constitutes a binding agreement between you and Uva Software, LLC, and is accepted by you upon your use of the site and product. This Agreement constitutes the entire agreement between you and Uva Software, LLC, regarding the use of the website and the features therein.
Last updated on 03/19/2018.