LEGAL

Intelligent business management

Terms of Use

Acceptance of Terms of Use

By using, visiting, or browsing the Success Systems Web site, www.success-systems.com (“Web Site”) you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of Success Systems’ Privacy Policy. If you do not agree to these Terms of Use and Privacy Policy, please do not use the services or visit the Web Site. Acceptance of these Terms of Use constitutes a legal agreement between you and Success Systems.

Changes to Terms of Use

Success Systems may at any time revise these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use and conditions to which you are bound. Your use of the Web Site after changes are made means that you agree to be bound by the Success Systems Terms of Use and Privacy Policy as they exist at that time.

Limitations of Use

You must be 18 years of age or older to access the Web Site or use its services. By accessing the Web Site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web Site. You also agree not to interfere with the servers or networks connected to the Web Site or to violate any of the procedures, policies, or regulations of networks connected to the Web Site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Web Site, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using any services or Web Site, or use the Web Site for any unlawful purpose. Success Systems reserves the right to terminate your access to the Web Site or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during the registration process; engage in any conduct that would otherwise harm any of Success Systems’ rights or interests in its Web Site, services, or other property; or for any or no reason whatsoever without prior notice to you.

Links

Some of the hyperlinks on the Web Site may lead to third-party Web sites. These Web sites are not controlled by, or affiliated with, Success Systems. In addition, other Web sites may link to Success Systems’ Web Sites. Success Systems is not responsible for the content or privacy policies of these third-party Web sites.

Intellectual Property

Success Systems is a registered trademark of Success Systems, Inc. ScannerWare, ScannerWare-Store, ScannerWare-HQ, Store-Manager, Store-XP, Scan-Maid, Scan-SOLVE, ItsLoyalty, RealTime, ShelfWare and RepairWare are trademarks of the company. All others belong to their respective companies. Use may not necessarily mean endorsement.

The elements of the Web Site, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Success Systems or its affiliates. The compilation of the content on the Web Site is the exclusive property of Success Systems. Success Systems’ copyrights, trademarks, and trade dress may not be used in connection with any product or service that is not Success Systems’ and should not be reproduced, distributed, modified, republished, used, displayed, or transmitted without the express written permission of Success Systems. Success Systems prohibits use of any Success Systems’ intellectual property as a link to any non-Success Systems Web site, unless establishment of such link is approved in advance by Success Systems in writing.

Disclaimer of Warranties and Limitation of Liability

THE MATERIALS CONTAINED ON THE WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SUCCESS SYSTEMS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITE; OR ANY CONDUCT BY USERS OF THE WEB SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SUCCESS SYSTEMS DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SUCCESS SYSTEMS, OR ITS EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE WEB SITE, EVEN IF SUCCESS SYSTMS OR A SUCCESS SYSTEMS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Use of Information Submitted to the Web Site

Success Systems is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Web Site without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying or improving the Web Site or other Web Sites. Furthermore, by posting any information on these Web Sites, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce, or modify that information. Any information submitted on the Web Site is subject to the Success Systems Privacy Policy, the terms of which are incorporated herein.

Indemnity

You agree to defend, indemnify, and hold harmless Success Systems, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of these Terms of Use. Success Systems shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of Success Systems’ Web site, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning Success Systems shall be governed by the laws of the United States and the Commonwealth of Connecticut. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in Stamford, Connecticut. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect.

By using the Web Site, you agree to comply with all applicable laws and regulations, including export and re–export control laws and regulations of the United States. The material provided on the Web Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Success Systems makes no representation that materials contained in the Web Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Web Site from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

Privacy Policy

Success Systems has prepared this Privacy Policy to describe the types of personal and non-personal information collected through its Web site, www.success-systems.com (“Web Site”), the use of such information, and to whom and under what circumstances the such information is disclosed. By using these Web Sites, you signify your assent to this Privacy Policy and to the Web Site’s Terms of Use . If you do not agree to the terms of this Privacy Policy or the Web Site’s Terms of Use, please do not use the Web Site.

Personal Information

In general, Success Systems only collects personal information from you when you voluntarily provide it to us by (1) making product or service inquiries; and (2) contacting Success Systems (including the webmaster, sales representative, customer service representatives, or other employees) by email (3) participating in a promotion. In connection with these activities, Success Systems may collect personal information from you, including, but not limited to, your name, physical address, e-mail address, telephone number, fax number, company name, and title.

Non-personal information

As part of the standard operation of the Web Site, Success Systems may collect certain non-personal information from you including, but not limited to, your browser type (e.g., Netscape or Internet Explorer), operating system (e.g., Windows or Macintosh), Internet service provider, and the domain name from which you accessed the Web Site (e.g., yahoo.com).

Use of Information

Success Systems may use the information collected from you for any of the following purposes: (1) to facilitate your use of the Web Site and better understand your needs; (2) to process and fulfill your orders for certain products and services; (3) to respond to your inquiries or requests for information about the products and services; (4) to send you information, promotional materials, and offers from the Company as well as from its partners; (5) to contact visitors to the Web Site when necessary; (6) to help address problems with the Web Site; (7) to administer the Web Site; (8) to conduct internal reviews of the Web Site (e.g., to determine the number of visitors to specific pages within the site); (9) to help us better understand visitors’ use of the Web Site; and (10) to protect the security or integrity of the Web Site.

Non-personal information will be used for these purposes as well to monitor the Web Site and provide a greater online experience for the visitors.

Disclosure of Information

Success Systems may transfer or otherwise disclose information collected from you to the following entities for the following purposes: (1) to Success Systems’ employees, independent contractors, subsidiaries, affiliates, consultants, business associates, service providers, and suppliers, if the disclosure will enable that entity to perform a business, professional, or technical support function for Success Systems; (2) to employees, independent contractors, service providers, and suppliers of Success Systems to fulfill a product or service request; (3) as necessary if Success Systems determines that there has been a violation of the Success Systems Terms of Use. Please, for more information or comments contact us at webmaster@success-systems.com.

Contact Success Systems

If you have any questions or concerns about our Web Site or this Privacy Policy, you can contact us at mkt@success-systems.com or 1-800-653-3345.