ScanTime Terms of Service
Last Revised: December 17th, 2016
These Terms of Service ("Terms") are a binding agreement between you (“End User” or “you”) and ScanTime, LLC (“ScanTime”). These Terms govern your use of ScanTime’s Sellzee mobile application (the “App”) on any mobile platform, including all related documentation. The App is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, OR DOWNLOADING/ INSTALLING/USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
1. Modifications. We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we release a new feature. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an e-mail notification). We encourage you to review these Terms periodically to stay informed about our practice. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the App after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
2. Creating Accounts. When you create an account, you must maintain the security of your password and any stored API keys and accept all risk that someone may access your account without permission. If you discover or suspect any App security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. ScanTime reserves the right to deny any account at our discretion.
3. License Grant. Subject to these Terms, ScanTime grants you a limited, non-exclusive and nontransferable license to:
(a) download, install and use the App for your individual, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the App's documentation and only for the period of time for which access has been paid for; and
(c) With respect to any App Store Sourced Application (as defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS operating system software provided by Apple; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The terms of this license will also govern any Updates provided by ScanTime that replace and/or supplement the original App, unless the Update is accompanied by a separate license, in which case the terms of that license will govern.
4. License Restrictions. Licensee shall not:
(a) copy the App, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App or any information or data provided by the App;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, grant a security interest in or otherwise make available the App or any features or functionality of the App, including all data included in or provided by the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time;
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the App; or
(g) use the App in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments.
(h) use the App for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or violates these terms.
5. Software from Apple App Store. The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
(a) You acknowledge that: (i) these Terms are concluded between you and ScanTime only, and not Apple; and (ii) as between ScanTime and Apple, ScanTime is solely responsible for the App Store Sourced Application and content therein. Your use of the App Store Sourced Application must also comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple. Subject to the then-current terms and conditions published by Apple, (a) Apple may refund the purchase price for the App Store Sourced Application to you, (b) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and (c) as between ScanTime and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ScanTime’s sole responsibility.
(d) You and ScanTime acknowledge that, as between ScanTime and Apple, Apple is not responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and ScanTime acknowledge that, in the event of any third party claim, that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ScanTime and Apple, ScanTime, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
(f) You and ScanTime acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
(g) Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
If you have any questions, complaints or claims with respect to any App Store Sourced Application, you may contact ScanTime by emailing us at firstname.lastname@example.org.
6. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. ScanTime and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
8. Feedback. Any suggestions, comments or other feedback you provide ScanTime about the App (the “Feedback”) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and monetize this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
9. Updates. ScanTime may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that ScanTime has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. ScanTime will not be liable to you or any third party for any changes or discontinuance of the App or any part of the App. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
10. Third Party Materials. The App may display, include or make available third-party content and features (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third Party Materials"). You acknowledge and agree that ScanTime is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ScanTime does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
11. Term and Termination.
(a) The term of Agreement commences when you download/install the App or acknowledge your acceptance, and will continue in effect until terminated by you or ScanTime as set forth in this Section.
(b) Access to the App, and these Terms, will terminate at the end of your subscription period or the period of time for which payment has been made.
(c) You may terminate these Terms by deleting the App and all copies thereof from your Mobile Device.
(d) In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
(e) Upon termination:
(i) all rights granted to you under these Terms will also terminate; and
(ii) you must cease all use of the App and delete all copies of the App from your Mobile Device and account.
(f) Termination will not limit any of ScanTime's rights or remedies at law or in equity.
12. Disclaimer of Warranties. THE APP IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SCANTIME, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SCANTIME PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SCANTIME OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR A LICENSE TO THE APP OR ACCESS TO THE APP DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CLAIM FOR DAMAGES AROSE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SCANTIME WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify, defend and hold harmless ScanTime and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the App or your breach of these Terms. Furthermore, you agree that ScanTime assumes no responsibility for the content you submit or make available through the App.
15. Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the App available outside the US.
16. US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
17. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
18. Governing Law. These Terms is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
20. Entire Agreement. These Terms, and the other documents and terms and conditions referenced in these Terms, constitutes the entire agreement between you and ScanTime with respect to the App and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
22. Contact Us. If you have any questions about these Terms, please email us at email@example.com or send a letter to:
PO Box 350641
Westminster, CO 80035