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Copyright
Copyright © Toshiba Global Commerce Solutions, Inc., 3901 South Miami Blvd. Durham, North Carolina 27703, USA. All rights reserved.
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Trademark
TGCS product or service names are registered trademarks or trademarks of Toshiba or its affiliates.® indicates USA registration. All trademarks, service marks, and trade names in this website are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.
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Use of Website
You are hereby authorized by TGCS to view, download, copy and print documents and the graphics incorporated therein ("materials") from this website subject to the following restrictions and in accordance with any written agreement between you and TGCS: 1) the materials may be used solely by you for your own personal informational, educational or other non-commercial purposes unless otherwise expressly indicated; 2) all copies you make must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the materials; 3) you may not modify any of the materials found at this website unless otherwise expressly indicated, nor attempt to pass off any materials found at this website as your own; 4) you may not use, reproduce or publicly display or perform, or distribute any of the materials within this website for any commercial or public purpose, unless TGCS has given you prior written consent to do so; and, 5) you may not "mirror" or "frame" any portions of this website in any other environment without prior written consent from TGCS. Except for the limited permission in this section, TGCS does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Use of any software available for downloading from the website is governed by the terms of the applicable license agreement accompanying or included with the software.
You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available in this website, except as expressly permitted by the respective owner(s) thereof. TGCS reserves the right to terminate the access, without prior notice, of any user in its sole discretion, including users who do not observe these Terms and Conditions or who infringe or otherwise violate the rights of others, and terminated users must immediately destroy all copies of downloaded materials in your possession or control.
Information on this website is not promised or guaranteed to be correct, current, or complete, and this website may contain technical inaccuracies or typographical errors. TGCS assumes no responsibility and expressly disclaims responsibility for updating this website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this website. TGCS provides no assurances that any reported problems will be resolved by TGCS, even if TGCS elects to provide information with the goal of addressing a problem.
TGCS provides proprietary information, including copyrighted materials, about its software and services on this website for the benefit of its customers and not for unrestricted use by the public. You agree that you may not use, or allow any other person or entity to use, any materials found on this website for the purpose of investigating, supporting, threatening or filing any intellectual property infringement claim against TGCS or its affiliates or for the purpose of developing or using an offering or product directly or indirectly competing with an offering or product from TGCS. Your failure to comply with these prohibitions constitutes breach of these Terms and Conditions with respect to the materials at issue. Each instance of noncompliance (e.g., each use of a digital file contrary to these Terms and Conditions) constitutes a separate instance of breach and subjects you to a payment obligation in the amount of $75,000 USD per instance of breach, as liquidated damages and not as a penalty. In addition, TGCS reserves the right to seek damages for infringement for copyrighted materials. You agree that damages reasonably anticipated from a potential breach are difficult to ascertain because of their indefiniteness or uncertainty and the amount stipulated is reasonably proportionate to the damages actually caused by the breach.
You are prohibited from posting or transmitting to TGCS via this website any material that is unlawful, obscene, pornographic, libelous, defamatory, threatening or otherwise inappropriate.
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Confidential Information
Neither TGCS nor any of its employees accept or consider unsolicited submissions of ideas of any kind from outside parties. Therefore, do not send any unsolicited original materials, concepts or ideas to anyone at TGCS either through this website or via any other means of communication. Please note that any unsolicited information or material sent to TGCS will be deemed NOT to be confidential. By sending TGCS any information or material, you grant TGCS an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that TGCS is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this website will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally identifiable information that you submit to TGCS for the purpose of receiving products or services will be handled in accordance with our Privacy Policy.
If any of the services provided on this website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password. If TGCS has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to TGCS, and you are not authorized to share any information you view, download, or otherwise use at that URL. If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf. You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s).
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Global Availability
Information TGCS publishes on its website may direct references or indirect references to TGCS products, programs and services that are not announced or available in your country. Such references do not imply that TGCS intends to announce or make available such products, programs, or services in your country. Please consult your local TGCS business contact for information regarding the products, programs, and services that may be available to you. All information available on the website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
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Business Relationships
This website may provide links or references to non-TGCS websites and resources. TGCS makes no representations, express or implied warranty, or other commitments whatsoever about the accuracy, copyright compliance, legality, merchantability or any other aspect of any non-TGCS websites or third-party resources that may be referenced, accessible from, or linked to any TGCS website. Any links to third-party websites found within this website are provided solely as an added convenience to you. TGCS has neither reviewed the contents of these third-party websites nor does TGCS claim any responsibility for the content or suitability of these third-party websites. A link to a non-TGCS website does not mean that TGCS endorses the content or use of such website or its owner or operators. In addition, TGCS is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a TGCS website. Accordingly, you acknowledge and agree that TGCS is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
This website may contain materials from third parties, including software in executable or source code form ("Third-Party Materials"). Access, use, and download of all Third-Party Materials are subject to the Warranties and Disclaimers set forth above. Permission to use any Third-Party Materials beyond the uses outlined above or otherwise explicitly stated must be obtained directly from the respective owners. Unless expressly stated otherwise, TGCS does not provide technical support for any materials posted on, downloaded from, or linked to from this website.
When you access a non-TGCS website, even one that may contain the Toshiba-logo, please understand that it is independent from TGCS, and that TGCS does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
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Linking to this Website
All links to this website must be approved in writing by TGCS, except that TGCS consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this website; (b) misrepresent your relationship with TGCS; (c) imply that TGCS approves or endorses you, your website, or your service or product offerings; and, (d) present false or misleading impressions about TGCS or otherwise damage the goodwill associated with the Toshiba name or trademarks. As a further condition to being permitted to link to this website, you agree that TGCS may at any time, in its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any Toshiba trademark.
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Translations
Certain text in this website may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and TGCS makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
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Disclaimer of Warranty
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES, INCLUDING THOSE FOUND ON LINKED SITES DIRECTCLY OR INDIRECTLY ACCESSIBLE FROM THIS WEBSITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. TGCS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, TGCS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR FREE OF VIRUSES, DEFAMTORY, OFFENSIVE, OR OTHER HARMFUL MATTER.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. YOU MUST ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICE, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PROVISION OF THESE TERMS AND CONDITIONS IS HELD TO BE UNLAWFUL, VOID, OR UNENFORCEABLE BY ANY COURT HAVING COMPETENT JURISDICTION, THEN SUCH PROVISION SHALL BE SEVERABLE WITHOUT AFFECTING THE ENFORCEABILITY OF ALL REMAINING PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
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Limitation of Liability
IN NO EVENT WILL TGCS, ITS AFFILIATES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TGCS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.
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Indemnity
You agree to release, defend, indemnify and hold TGCS and its affiliated companies harmless from and against any and all claims, demands, losses, liabilities, damages and expenses, including reasonable attorneys' fees, that arise from or otherwise relate to your use of this website (including the services provided on this website), any content you supply to this website, or your violation of these Terms and Conditions or the rights of another.
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Copyright Complaints
TGCS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify TGCS of your claim of infringement by sending the following written information to TGCS’ designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this website, including the URL and date on which the material was displayed;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- TGCS’ Copyright Agent for notice of claims of copyright infringement can be reached as follows:
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Copyright Agent
Toshiba Global Commerce Solutions, Inc.
3901 South Miami Blvd.
Durham, North Carolina 27703
e-mail: [email protected]
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Governing Law and Jurisdiction
This website is controlled by TGCS from its offices in Durham, North Carolina, United States of America. All matters relating to your access to, or use of, this website shall be governed by U.S. federal law or the laws of the State of North Carolina. Any legal action or proceeding relating to your access to, or use of, this website shall be instituted in a state or federal court in Raleigh or Wake County, North Carolina. You and TGCS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
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Revised April 23, 2020
