Scan5

Welcome to the SCAN5.com website.  The following terms and conditions (“Terms of Use”) govern access to and use of our website located at HTTPS://scan5.com (the “Site”) and the services offered by SCAN5 in connection with the Site (“Service”).  The Service is made available by SCAN5, (“us,” “we,” or “SCAN5”).  Please review these Terms of Use carefully.  By accessing or using the Site you (“you”) agree to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or use the Site or the Service.  SCAN5 also may make changes to these Terms of Use, which will be posted to this page and will become effective immediately upon posting.  For this reason, we urge you to read these Terms of Use each time you visit our Site.

CONSENT TO CONTACT

By providing your telephone number(s) and submitting this form, you expressly consent to receive telephone calls and SMS messages, including pre-recorded voice messages and/or calls delivered using an automatic dialing system, from SCAN5 regarding our services and products. You understand that this consent is not a condition of purchase or receipt of services. You agree that these calls and messages may be regarding the services and products you inquired about, as well as other services and products we believe may be of interest to you. Further, you acknowledge that calls to SCAN5 and calls made by SCAN5 may be made on a recorded line for quality and training purposes. Any phone numbers collected by SCAN5 will not be shared for marketing purposes.

You acknowledge that your consent allows us to follow up with you in accordance with the Telephone Consumer Protection Act (TCPA) and other applicable regulations.

‍Opt-Out

‍You have the right to withdraw your consent to receive such calls at any time by any reasonable means, including but not limited to, informing us during a call or contacting our customer service. We will process your request promptly and without undue delay.

Please note that for quality and training purposes, calls may be monitored or recorded. Your privacy is important to us, and your information will be handled in accordance with our Privacy Policy.

PRIVACY POLICY

SCAN5 respects the privacy of its users. Please refer to SCAN5’s Privacy Policy (found here: [https://www.scan5.com/privacy-policy]) which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site or the Service, you signify your agreement to this Privacy Policy.

WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SCAN5 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION PROVIDED BY SCAN5 THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, SCAN5 MAKES NO WARRANTY OR REPRESENTATION THAT (A) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.  SCAN5 SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION. SCAN5 does not guarantee the quality, safety or legality of the products, information or services provided through the Site and the Service.

LIMITATION OF DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCAN5, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE OR DISPLAY OF ANY USER CONTENT YOU POST OR SUBMIT TO SCAN5; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SCAN5, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SCAN5 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

MODIFICATION OF TERMS OF USE

We can amend or discontinue the Site (or any portion of the Site), the Services, and these Terms of Use at any time, temporarily or permanently.  SCAN5 will not be required to notify you in advance of amending or modifying the Site, the Service, or the Terms of Use.  However, we will post any modifications to the Terms of Use on the Site and such modifications will become effective immediately.  Therefore, it is your sole responsibility to check the Site from time to time to view any such changes.  If you continue to use the Service or the Site after such modifications are posted, you signify your agreement to our revisions to the Terms of Use.  SCAN5 shall not be liable to you or any third party in the event SCAN5 exercises its right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of SCAN5’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of SCAN5.  No purported waiver or modification of these Terms of Use by SCAN5 via telephonic or email communications shall be valid.

‍CUSTOMER AGREEMENT

‍If you are interested in obtaining the Services, you will be required to execute the Customer Agreement, a form of which can be found here: [http://www.scan5.com/client-agreement]. In addition, please see the following section of the Site https://scan5.com/contact-us/  for instructions on how to contact us to learn more about the Services and how to submit materials.

GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of SCAN5 to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You hereby consent to personal jurisdiction by the state and federal courts located in Cook County, Illinois.

You agree to indemnify, defend and hold SCAN5, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

Neither party shall be deemed to be an agent of the other party and the relationship of the parties shall be that of independent contractors. Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever.  The headings of the sections of these Terms of Use are for convenience of reference only and shall not be considered in construing these Terms of Use.

Communications made through the Site’s e-mail and messaging system (including by messages submitted to us at [http://www.SCAN5.com/contact-us/]) will not constitute legal notice to SCAN5 or any of its officers, employees, agents or representatives in any situation where notice to SCAN5 is required by contract or any law or regulation.

For contractual purposes, you (a) consent to receive communications from SCAN5 in an electronic form via any email address you may submit to us; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that SCAN5 provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

You agree to comply at all times with all laws, rules and regulations applicable to your use of the Service and the Site.  SCAN5 controls this Site from within the United States. You may not access, download, use or export the Site in violation of U.S. export laws or regulations or in violation of any other applicable laws or regulations.Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of SCAN5.

SCAN5 may assign or delegate these Terms of Use and/or the SCAN5 Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without SCAN5’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [https://www.scan5.com/privacy-policy] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

If you have any questions regarding these Terms of Use or the Site, please contact SCAN5 at [info@SCAN5.com].