Terms of Use

Last Updated: January 1, 2015

 

THIS IS A COPY OF THE TERMS OF USE YOU ACCEPTED AND AGREED TO.

BY ACCESSING THE CANON U.S.A., INC. - LATIN AMERICA GROUP ("CLAG") WEB PAGES, INTERACTIVE FEATURES, AND FORMS LOCATED AT WWW.CLA.CANON.COM (THE "SITE"), YOU AGREE TO BE BOUND BY THESE TERMS OF USE ("TERMS OF USE"), AS AMENDED FROM TIME TO TIME. EACH TIME YOU ACCESS THIS SITE, YOU RECONFIRM YOUR AGREEMENT. IF, AT ANY TIME, THESE TERMS OF USE BECOME UNACCEPTABLE TO YOU, YOU MUST CEASE USE OF THIS SITE AND PROMPTLY NOTIFY CLAG THAT THESE TERMS OF USE ARE NO LONGER ACCEPTABLE. YOUR AGREEMENT WITH US INCLUDES THESE TERMS OF USE AND OUR PRIVACY STATEMENT (THE "AGREEMENTS"). IF YOU DON'T AGREE WITH THESE AGREEMENTS, THEN PLEASE DON'T USE THE SITE.

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 are not barred from doing so under any applicable laws in your country of residence. You also warrant that any account information that you submit to CLAG is true, accurate and complete, and you agree to keep it that way at all times.

2. CHANGES TO THE AGREEMENT.
Occasionally we may, in our discretion, make changes to the Site and Agreements. Any material changes will be communicated to you 60 days prior to the changes are made effective and will be informed to you that you can rescind the contract because of those changes. Your acceptance of and/or continued use of the Site after such notification of changes to this Agreement will constitute your acceptance of such changes.

By continuing to use the Site after those changes are made, you are expressing and acknowledging your acceptance of the changes.

3. ELECTRONIC COMMUNICATIONS.
Support By E-mail, Chat. 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.

Support by Phone. You may connect with CLAG by Phone. You agree that if you provide CLAG with a mobile number, you will only provide CLAG with the mobile number you own, and you consent to receive three (3) calls from CLAG. I understand and agree that I may receive these calls and any voice messages through the use of automated technology, and understand that I am not required to provide consent as a condition of purchasing any goods or services from CLAG.

4. COPYRIGHT & TRADEMARK NOTICE
A. All rights, including but not limited to copyrights and trade secret rights, to the Site belong to CLAG. All materials on the Site, including but not limited to images, software, audio, and text (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by CLAG. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as specifically set forth herein, any use of the Content on any other web site or networked computer environment for any purpose is prohibited.

B. CLAG trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to CLAG by Canon Inc. (collectively, the "Trademarks") displayed on the Site, including but not limited to the CLAG logo, are registered and unregistered marks of CLAG and Canon Inc., as the case may be. All other trademarks, trade names, product names, service marks and all other non-CLAG marks are the property of their respective owners.

C. Except as otherwise set forth below, nothing contained on this 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 CLAG or such third party that may own other trademarks displayed on the Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof (the "Notification") to our Web Support Group, who can be reached as follows:

By mail:

Web Support Group
Canon USA - Latin America Group
One Canon Park
Melville, New York 11747

By e-mail: derechosdeautor@cla.canon.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CLAG to locate the material.

(iv) Information reasonably sufficient to permit CLAG to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

5. SUBMISSIONS TO THE SITE.
Any non-personal information, communications or material you submit to CLAG at this Site, by e-mail, by chat, or by phone is non-confidential, and CLAG is free to use and reproduce such Submission(s) freely, and for any purpose. Specifically, CLAG is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to the person submitting. If CLAG accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, CLAG does not waive any rights it may have to similar or related ideas previously known to CLAG or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Submission(s) only contain your own material and content or material and content that you have undeniable rights to use, and that CLAG's use will not violate any third party's rights.

CLAG is under no obligation to use any Submission.

6. USE OF THE SITE
A. Your use of the Site is also subject to any other agreements you may have with CLAG. In the case of any conflict between these Terms and any agreement you have with CLAG, the terms of your agreement will prevail.

B. In accessing and using the Site, you agree that you will not:
  1. Transmit, post, distribute, store or destroy material, including without limitation, Content or Trademarks, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of CLAG's Privacy Statement.
  2. Attempt to gain unauthorized access to the Site, any related website, or other accounts, computer systems, or networks connected to the Site, through hacking, password mining, or any other means.
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Site, including by collecting information about others such as e-mail addresses.
  4. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights.
  5. Interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
  6. Use the Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers.
  7. Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
  8. Send CLAG any resume or apply for any job on behalf of another party.
  9. Use the Site for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by CLAG's sole discretion.

C. Although CLAG has the right to, and may, from time to time, monitor or review content you post to the Site ("Postings"), CLAG is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. However, CLAG may remove Postings at any time, and for any reason.

7. LINKS TO OTHER WEBSITES.
A. As a courtesy, this Site may contain links to other CLAG websites and microsites to which you may have access ("CLAG Sites"). The CLAG Sites maintain their own unique terms and conditions and the Terms of Use for this Site in no way modify, alter or supersede the terms and conditions of the CLAG Sites and you will be bound by such terms and condition if you access the CLAG Sites.

B. This Site may contain links to other Internet sites, which may not be maintained or controlled by CLAG. CLAG provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that CLAG approves, or endorses or recommends that site. CLAG 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 OF WARRANTIES AND LIMITATION OF LIABILITY.
A. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. YOUR USE OF AND BROWSING ON THIS SITE ARE AT YOUR OWN RISK. CLAG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE.

CLAG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLAG OR THROUGH THE SITE, CHATS, FORM RESPONSES, E-MAIL RESPONSES, OR RETURN PHONE CALLS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. UNDER NO CIRCUMSTANCES WILL CLAG, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SITE; (VI) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE, INCLUDING ANY SITE TO WHICH THE SITE PROVIDE HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE, OR THE CONTENT OF ANY SITE OR SITES LINKED TO FROM THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL CLAG'S LIABILITY EXCEED THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO CLAG FOR ACCESSING THE SITES.

C. YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SITE AND ASSUME THE RISK OF SUCH OCCURRENCES. OTHER THAN AS WITH SPECIFIC PRODUCT WARRANTIES, CLAG MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR ANY SERVICES OFFERED ON THE SITE. CLAG SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF FACTUAL INFORMATION ON THE SERVICE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY, ACCURACY AND EFFORT IS WITH YOU.

D. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NON-INFRINGEMENT. CLAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SITE. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check the laws of your country. CLAG assumes no liability and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this Site.

E. INFORMATION ON THIS SITE REGARDING CLAG PRODUCTS AND SERVICES, INCLUDING THEIR APPEARANCE AND SPECIFICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY CLAG WITH RESPECT TO ANY PRODUCT OR SERVICE AND CLA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE, OR COMPLETENESS THEREOF.

F. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, CLA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

G. Additionally, software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

9. INDEMNITY.
A. You agree to release, defend, indemnify and hold harmless CLAG, its parents and affiliates, from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of these Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. You agree to cooperate fully with CLAG in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms.

10. TERMINATION.
A. CLAG may terminate access to the Site at any time without cause; or upon your request.

B. The provisions of these terms of use which by their nature extend beyond termination will survive termination.

11. MISCELLANEOUS PROVISIONS.
A. These Terms of Use and your access and use of the Site, will be governed by and construed in accordance with the laws of the State of New York, irrespective of its choice of law principles, and the parties agree that it is executed and delivered in that state. In the event any legal action becomes necessary to enforce or interpret the terms of use of this Site, You submit to the personal jurisdiction of the federal and state courts having jurisdiction for the State of New York.

B. Failure to require the performance of any term or condition of this Site or the waiver of any breach, will not prevent subsequent enforcement of such term nor be deemed a waiver of any subsequent breach of that or any other terms of use of this Site.

C. You shall not have the right or power to assign any of Your rights or obligations set forth herein, without CLAG's prior written consent. Any such assignment without CLAG's prior written consent will be null and void.

D. The terms of use of this Site will be binding upon the parties, their affiliates, agents, successors and assigns.

E. Section headings are inserted for convenience only and are not a part of this Agreement.

F. If any provision of these Terms or the application of any provision is held invalid, the remainder of these Terms and the application of the provision other than to the extent it is held invalid, will not be invalidated or affected.

G. These Terms are the complete and exclusive statement of agreement between you and CLAG concerning the subject matter hereof and supersedes all prior agreements, verbal or written and any other communications between the parties relating to the subject matter hereof. No amendment to this agreement will be effective unless signed by an authorized representative of CLAG.