TERMS OF USE
Last updated: September 25th, 2020

Contents:
  1. ELIGIBILITY
  2. CHANGES TO THESE TERMS OF USE
  3. ELECTRONIC COMMUNICATIONS
  4. UNSOLICITED IDEAS
  5. USE OF SERVICES
  6. OUR INTELLECTUAL PROPERTY RIGHTS
  7. USER IDS AND PASSWORDS
  8. OTHER AGREEMENTS; PRODUCTS, SERVICES, SOLUTIONS, OR ACCESS
  9. LINKS TO OTHER WEBSITES AND PRODUCTS
  10. DISCLAIMER
  11. INDEMNIFICATION
  12. TERMINATION
  13. APPLICABLE LAWS
  14. GENERAL PROVISIONS

Canon Information Technology Services, Inc.’s Terms of Use ("Terms of Use") consists of these terms, the Canon ITS Privacy Statement, and any supplemental terms or agreements ("Other Agreements") provided to you for any of the products, services, solutions, websites, forms, and social media pages, and other goods and services offered, owned, or operated by Canon Information Technology Services, Inc. (“Canon ITS”), or Canon or your interaction with Canon ITS’ agents, contractors or employees or subsites (collectively "Services"). This is a legally binding contract in electronic form between you ("you," "your," and "yourself") and Canon ITS, Inc. ("Canon ITS" "we," "us," and "our"), and its parents, successors, affiliates and related entities (collectively, "Canon" or "Canon Group").


BY USING THE SERVICES, YOU ARE AGREEING TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS OF USE, AND ANY OTHER AGREEMENTS AND MAY USE THE SERVICES AS LONG AS YOU COMPLY WITH THESE TERMS OF USE. THESE TERMS OF USE APPLY WHETHER YOU ARE ACCESSING THE SERVICES OFFLINE OR VIA A COMPUTER, TABLET, MOBILE DEVICE, OR ANY OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A "DEVICE").


1. ELIGIBILITY


In order to use the Services, you need to (a) be 18 or older, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.


The Services are not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.


2. CHANGES TO THESE TERMS OF USE


Occasionally we may, in our discretion, make changes to the Services and these Terms of Use. Changes will be effective immediately (except for material changes) upon the posting of the revised Terms of Use. In the event we make material changes to these Terms of Use, we will notify you prior to the changes taking effect. Please note that if you do not agree to the modified Terms of Use, you may not use the Services. Your continued use of the Services following the posting of the changes or any applicable notice period will mean that you accept those changes.


3. ELECTRONIC COMMUNICATIONS


Support by Email, Chat. When you use the Services, submit forms or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Services. 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.


4. UNSOLICITED IDEAS


Canon ITS and its parent company, successors and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of Canon ITS, its parent company and affiliates in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Canon ITS does not solicit ideas, inventions, work samples, materials, demos, and the like or agree to receive any confidential information from persons or entities outside the Canon Group. Canon ITS maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Idea(s)") and therefore you should not submit any Unsolicited Idea(s) to Canon ITS through the Services or otherwise. Canon ITS does not wish to receive Unsolicited Idea(s) from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, Canon ITS strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.


Nonetheless, if you do send Canon ITS an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Canon ITS. By submitting an Unsolicited Idea to Canon ITS, you agree to convey your ownership interest in the Unsolicited Idea to Canon ITS, and that Canon ITS will exclusively own all rights, title and interest therein. Furthermore, Canon ITS and its designees will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Neither Canon ITS nor the Canon Group will be liable for such use or disclosure of such Unsolicited Idea or for any similarities in the Unsolicited Idea and any future uses or activities.


5. USE OF SERVICES


You agree that your use of the Services will comply with applicable laws, and unless otherwise expressly permitted by Other Agreements, you agree that your use of the Services will strictly be for your own personal and non-commercial use. In addition, you agree not to take any steps in connection with your use of the Services that could adversely affect Canon ITS or the Canon Group, including engaging in or attempting to engage in the following conduct:


  • interrupting the operation of the Services in any manner whatsoever, including by imposing an unreasonable load on the Services;

  • deleting or revising any material or other information of any other user, Canon ITS, Canon Group or any third party;

  • harvesting or otherwise collecting information about others, including email addresses, without their consent;

  • deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Services;

  • defeating, investigating, or providing information concerning methods of defeating security mechanisms, including by allowing another person to access the Services using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;

  • engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Services, or which, in Canon ITS’ judgment, exposes Canon ITS or Canon Group or any of their users, customers, or suppliers to any liability or detriment of any type;

  • engaging in conduct affecting Canon ITS or Canon Group adversely or reflecting negatively on Canon ITS, Canon Group, the Services, Canon ITS’ or Canon Group’s goodwill, name or reputation or causing duress, distress or discomfort to Canon ITS, Canon Group or anyone else, or discouraging any person or entity from doing business with Canon ITS or Canon Group; or

  • taking any other action that could endanger or cause damage to Canon ITS, Canon Group, other users of the Services, or other third parties.

Canon ITS may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, Canon ITS may also investigate your use of the Services and provide information about your use to law enforcement.


6. OUR INTELLECTUAL PROPERTY RIGHTS


Copyright: All materials on the Services, including but not limited to images, software, audio, text and video clips (the "Materials"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned, controlled or licensed by Canon ITS or by its third-party licensors. You cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other website or networked computer environment for any purpose is prohibited.


Trademarks: Canon ITS trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Canon ITS by Canon Inc. (collectively, the "Trademarks") displayed on the Services are registered and unregistered marks of Canon ITS or Canon Inc. All other trademarks, trade names, product names, service marks and all other non-Canon ITS marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Canon ITS or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.


7. USER IDS AND PASSWORDS


Certain areas of the Services may offer the opportunity to register or create an account. You will be asked to create a user ID and password in connection with such an account. 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. Canon ITS and Canon Group cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.


If Canon ITS requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to Canon ITS changes, you agree to promptly provide Canon ITS with updated information.


8. OTHER AGREEMENTS; PRODUCTS, SERVICES, SOLUTIONS, OR ACCESS


Canon ITS may provide products, services and solutions, or access to subsites of the Services under Other Agreements. Canon ITS’ obligations with respect to any product, service, solution, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreements, under which such product, service or solution is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Other Agreements.


9. LINKS TO OTHER WEBSITES AND PRODUCTS


Canon Subsites: You may be required to agree to Other Agreements and user codes of conduct in order to access certain portions of the Services, which are known as "subsites." If you attempt to access a subsite that requires you to enter into such a supplemental agreement, the controller of that subsite will advise you and provide you with an opportunity to review the Other Agreement and agree to it before accessing the subsite or using such subsite’s services. Both these Terms of Use and the Other Agreements will govern your use of the subsite. In the event of any inconsistency between these Terms of Use and the Other Agreements, the Other Agreements will control, except that nothing in the Other Agreements may limit (a) Canon ITS’ disclaimer of warranties, (b) your agreement to indemnify Canon ITS or Canon Group, or (c) the licenses you grant to Canon ITS or other intellectual property.


Third Party Links: Mention of third party products, companies and websites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation of such products, companies, or websites. Canon ITS and Canon Group make no representations, warranties, or other commitments whatsoever regarding any third party products, companies or websites that may be referenced on, accessible from or linked to the Services, or the quality, safety or suitability of any products offered by third party companies. Likewise, links to third party sites are provided for your convenience only. When you access a non-Canon ITS site, including any site that is referenced on, accessible from or linked to from the Services, or that contains the Canon ITS logo, please understand that such site is independent from Canon ITS, that Canon ITS does not control that site, and that Canon ITS is not responsible for the content of that site. Links from the Services to any other site do not mean that Canon ITS approves, or endorses or recommends that site. Canon ITS 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. It is your responsibility to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.


10. DISCLAIMER


YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES) ARE PROVIDED "AS IS” AND “AS AVAILABLE." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CANON ITS NOR CANON GROUP MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR COMPLETENESS THEREOF OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SERVICES, (3) THAT CANON ITS WILL CONTINUE TO PROVIDE THE SERVICES OR, IF IT DOES CONTINUE TO PROVIDE THE SERVICES, THAT THE SERVICES WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SERVICES WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SERVICES FOR ANY PARTICULAR AMOUNT OF TIME.


OTHER USERS OF THE SERVICES MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND CANON ITS CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST. CANON ITS THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SERVICES WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SERVICES. BECAUSE ACCESSING THE SERVICES IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, CANON ITS' NEGLIGENCE OR GROSS NEGLIGENCE, WILL CANON ITS, ANY ENTITY WITHIN CANON GROUP OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, YOUR INABILITY TO ACCESS OR USE THE SERVICES, YOUR RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF CANON ITS, OR SUCH OTHER ENTITY OR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.


CANON ITS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. CANON ITS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL CANON ITS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.


11. INDEMNIFICATION


You agree to indemnify, defend and hold Canon ITS, Canon Group, and all of their respective agents, directors, officers, employees, information providers, licensors and licensees (collectively "Indemnified Parties") harmless from and against any and all liability and costs and expenses (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from any breach by you of these Terms of Use. You agree to cooperate fully in Canon ITS' defense of any such claim. You agree that Canon ITS shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Canon ITS, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Canon ITS, whether or not the settlement binds or is on behalf of Canon ITS, without the written consent of Canon ITS.


12. TERMINATION


Canon ITS may terminate this agreement and/or suspend or terminate your access to the Services for any reason at any time without notice to you. If you wish to discontinue your access to the Services and/or cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.


Otherwise applicable sections of the Terms of Use shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us are perpetual, these licenses survive any termination of this agreement.


13. APPLICABLE LAWS


The Services are administered by Canon ITS from its offices in Newport News, Virginia, United States of America. These Terms of Use and the Other Agreements are governed and interpreted under the laws of the State of New York. You agree that any claim or dispute against Canon ITS arising out of or relating to the use of the Services must be resolved by a court located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.


14. GENERAL PROVISIONS


These Terms of Use and the Canon ITS Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and Canon ITS with respect to the Services. You acknowledge that any other agreements between you and Canon ITS with respect to the Services are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.


BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.


© 2020 Canon Information Technology Services, Inc. All Rights Reserved. Reproduction in whole or part without permission is prohibited.