SUMO Partner

Terms of Use

 

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TERMS OF USE
Effective Date: 8/27/2012 
ScanSource, Inc. and its subsidiaries and affiliates (collectively "us", "we", "our", "ScanSource, Inc." or "the Company") authorize you to access and use this sumopartner.com website (the "Site") and related services subject to your agreement and compliance with the terms and conditions below.  By registering with the Site or otherwise accessing or using the Site, you (the "User") indicate that you have read, understand and agree to be bound by these Terms of Use ("Terms" or "Agreement").  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE. 
THESE TERMS ARE NOT INTENDED TO AND DO NOT PROVIDE ANY WARRANTY OR OTHER PROMISES RELATED TO ANY PRODUCTS OR SERVICES THAT MAY BE IDENTIFIED, OFFERED, OR DISCUSSED ON THIS SITE.   ANY AND ALL SUCH WARRANTIES, IF ANY, SHALL BE PROVIDED WITH OR AS A PART OF ANY SUCH PRODUCT OR SERVICES. 
ALL PRODUCTS SHOULD ONLY BE USED AS SPECIFIED IN THE MATERIALS FURNISHED WITH THE PRODUCTS AND SHOULD NOT BE USED IN ANY MANNER OTHER THAN SPECIFIED IN SUCH MATERIALS. 

Services 
This website is owned and operated by ScanSource, Inc. to enable vendors, resellers, and users of the products offered by ScanSource, Inc. to connect and communicate with each other regarding the products and to provide informational and business resources (“Services”).  If you establish an account on the Site, you agree to provide us with true, accurate and complete information about yourself and/or your business (“Account Information”), and to maintain and promptly update the Account Information and any other information you provide to us. You further agree not to create an account on behalf of someone else without their permission, or create a false or misleading identity or profile on this Site. You are responsible for maintaining the security and confidentiality of the account identification and password and you are solely responsible for all activities conducted under such account. 
We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site or Services; or (b) suspend your access to or use of all or any portion of the Site or Services. 

Advertising 
Portions of the Site and Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site and Services, queries made through the Site and Services or other information.  The manner, mode, and extent of advertising on the Site or Services are subject to change without specific notice to you. In consideration for ScanSource, Inc. granting you access to and use of the Site and Services, you agree that we may place such advertising on the Site and Services. 

Site Copyrights and Trademarks 
All rights to this Site are the property of ScanSource, Inc.. Except for your User Content, you may not modify the content of this Site in any way or reproduce or publicly display, perform, or distribute, or otherwise use it for any public or external business purpose. Any product, process or technology described in these materials may be the subject of other intellectual property rights (including patent rights) reserved by ScanSource, Inc. and/or its Providers and are not licensed for any purpose hereunder. For the purposes of this Agreement, the term Providers includes Users that have added their company to the Site directory.
Unless expressly provided for in this Agreement, reproduction of any of our material for purposes of redistribution or for other than the use provided in this Agreement is expressly prohibited. Registered and common law trademarks and service marks of ScanSource, Inc. or its Providers may not be copied or used in any manner without written authorization from ScanSource, Inc..

User Content and Communications 
You are solely responsible for the Providers’ profiles and your User account information (including your name, business name, image, and likeness), messages, notes, text, information, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with other users (collectively the “User Content”). You understand and agree that the we may, but are not obligated to, review the Site and may delete or remove (without notice) any Site content or User Content in our sole discretion, for any reason or no reason, including User Content that, in our sole judgment, violates this Agreement or any other guidelines established to govern your use of this Site, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us. 
Do not send confidential or proprietary information to ScanSource, Inc. through the Site. Any material, information or other communications you transmit, post or otherwise submit electronically to or through this Site (“Submissions”) will be deemed non-confidential, except as may be set forth in ScanSource, Inc.’s Privacy Policy . By sending your Submissions to us, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Submissions, and you grant us the right to use any ideas, concepts, know-how or techniques contained in or suggested by the Submissions for any purpose, including, but not limited to, the development, manufacturing, and marketing of products and processes. You agree that all information you provide through or post on this Site shall not: (a) be fraudulent or involve the sale of counterfeit or stolen items; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or right of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene, abusive, lewd or contain nudity, pornography, child pornography, or racial epithets; (f) contain any viruses, Trojan horses, worms or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and (g) shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under these terms and conditions. 

User Interactions 
You are solely responsible for your interactions with other Users. You understand that we do not in any way screen the Users, nor do we inquire into the credentials of the Users or attempt to verify the statements of the Users. The Company makes no representations or warranties as to the products or services offered by any User of the Site. If you choose to engage in transactions with other Users of the Site you or they will be responsible for delivery logistics, maintenance, support, and all other matters relating to the products or services at issue. In all of your dealings with other Users of the Site you will perform your obligations under these Terms with professional diligence and skill in accordance with best business and industry standards and practices. If for any reason ScanSource, Inc. believes that you have harmed or are harming ScanSource, Inc.’s relationship with any other User, ScanSource, Inc. may immediately terminate this Agreement and terminate your access to or use of the Site. At no time will you state or imply in any way that ScanSource, Inc. endorses any products or services being offered by you, or that ScanSource, Inc. provides any warranties regarding such services or products. Unless specifically agreed to otherwise in a signed writing, ScanSource, Inc. will not provide technical support for any products or services. 

Annual Membership Fees 
In return for your right to use the Site ScanSource, Inc. will charge the following Provider Profile membership fees per year (for purposes of this Agreement a year will consist of the period from Jan 1 through Dec 31): (a) vendors - $1,000.00; (b) independent software vendors / affiliates - $500.00. The foregoing membership fees will apply to each separate profile established by a vendor and/or independent software vendor/affiliate (e.g., if a vendor establishes two separate profiles on the Site that vendor will be charged annual membership fees of $2,000.00). For the year in which you first access the Site your membership fee will be prorated for that year. 

Indemnification 
You shall defend, indemnify and hold harmless ScanSource, Inc., including without limitation ScanSource, Inc.’s employees, officers and directors and the employees, officers and directors of ScanSource, Inc.’s subsidiaries and affiliates, from and against any and all actions, damages, claims, liabilities, costs, expenses, judgments, and losses (including, without limitation, reasonable legal fees and expenses) brought against, incurred by, or paid by ScanSource, Inc. arising from or related, directly or indirectly, to your (i) alleged negligent performance or violation of this Agreement; (ii) the advertising to, delivery of goods to, or performance of services for, any other User of this Site; (iii) any loss of or damage to property, loss of life, or personal injury related, directly or indirectly, to any goods or services provided by you; (iv) any Content, any Third Party Content you post or share on or through the Site; and (v) any claims that relate to any alleged intellectual property infringement, whether patent, trademark, copyright, or otherwise, provided that ScanSource, Inc. promptly notifies you in writing of any such charges, gives you sole control of the defense and settlement thereof, and provides adequate assistance, at your expense, in connection therewith. You will have the obligation to defend any claims for which ScanSource, Inc. seeks indemnification and you shall be responsible for all legal costs of ScanSource, Inc.’s defense. The actions or inactions of your employees and agents, and the actions or inactions of anyone accessing the Site by using your account identification (even if such access was gained without your knowledge or consent), shall be considered your actions or inactions and your indemnification obligations shall extend to all such actions or inactions. 

Privacy 
For ScanSource, Inc.’s policy on the collection and use of transactional and personally identifiable information, please see ScanSource, Inc.’s Privacy Policy

Internet Links 
This Site and Services may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through this Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. With respect to those sites and content, we assume no liability, and do not endorse or make any representations about any information, products, or services associated with those sites or content, or any results that may be obtained from using such sites or content. Your access and use of such Third Party Sites and Third Party Content, and use of any information obtained as a result of that access, is at your sole risk.  

Title, Risk of Loss 
ScanSource, Inc. will not hold title to products provided by any User at any point in any transaction contemplated by or under this Agreement, and you will bear the entire risk of loss relating to any and all products you provide to other Users under this Agreement. 

Representations and Warranties 
You hereby represent and warrant that you have all right, title, ownership interest, intellectual property ownership or rights, and marketing rights (i) necessary to provide any products or services that you offer on this Site and (ii) to the Submissions or User Content that you may post to the Site. You hereby represent and warrant to ScanSource, Inc. that the products and services and the receipt, distribution, sale, offer for sale and/or use of products and services that may be offered by you to other Users do not infringe, whether indirectly (e.g., contributorily or by induced infringement) or directly, upon any copyright, trademark, trade dress, trade secret or patent or other proprietary or intellectual property right of any third party in the United States or in any country or jurisdiction worldwide. You hereby represent and warrant to ScanSource, Inc. that you have no obligations to any third party that in any way limits or restricts the ability to receive, distribute, sell or offer for sale your products and services. 

  

Insurance 
Without in any way limiting your indemnification obligation as set forth in these Terms, you shall maintain Commercial General Liability or Comprehensive General Liability Insurance in such amounts as is reasonable and standard for your industry. 

Copyright Policy 
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information: a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner; b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Site are covered by a single notification, a representative list of such works); c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; d) your name, mailing address, telephone number and email address; e) a statement by you that you have 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; and f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf. Notices and counter-notices with respect to this website should be sent to:
ScanSource, Inc.
Legal Department
6 Logue Court
Greenville, SC, 29615

Confidentiality 
During the performance of the Agreement, including your use of the Site, you may be exposed to information of ScanSource, Inc. that is deemed confidential. You recognize that ScanSource, Inc. has a proprietary interest in, and its business is one that requires secrecy concerning, “Company Data”, which is defined as company information that is not generally known by or readily ascertainable to the public, and includes (a) inventions, discoveries, improvements, know-how, methods, processes, and methods employed or sold by ScanSource, Inc. relating to its business; (b) customer data (whether or not reduced to writing), including but not limited to data concerning ScanSource, Inc.’s partners, customer lists, customer preferences, customer contacts, pricing information, concessions, and prior bids, (c) marketing information, including but not limited to business strategy, plans and research, (d) business plans, including but not limited to capital projects, (e) financial information, and (f) trade secrets as defined by South Carolina Code § 39-8-20 or any successor statute. Company Data includes documents, records, tapes, files, media, and any other medium of communication information. Except as may be necessary to perform the Agreement, you shall hold Company Data in confidence and shall not divulge to any third party at any time Company Data obtained or used by it without first obtaining the express written authorization of an executive officer of ScanSource, Inc.. You shall also endeavor to protect Company Data from being exposed inadvertently to any third party. 

Disclaimer; No Liability 
We are not responsible or liable in any manner for any User Content, Submissions, Third Party Content, or Third Party Sites posted on or linked to the Site or Services, whether posted or caused by Users of the Site or Services, by third parties, or by any of the equipment or programming associated with or utilized in the Site or Services. 
The Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. The Company assumes no liability, and does not endorse or make any representations about any information, products, or services associated with any User, or any results that may be obtained from using such information, products, or services. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW) YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUBSIDIARIES/AFFILIATES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON OR USE OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY ANY USER. BY ACCESSING AND/OR USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL SCANSOURCE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND/OR ASSIGNS OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS OF SCANSOURCE, INC.’S AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT MAY ARISE DIRECTLY OR INDIRECTLY IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE, REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES STEM FROM CONTRACT, TORT AND/OR EQUITABLE CLAIMS AND REGARDLESS OF WHETHER ANY SUCH LOSSES OR DAMAGES ARE CAUSED OR CONTRIBUTED TO BY THE ACTIONS (NEGLIGENT OR OTHERWISE) OF SCANSOURCE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND/OR ASSIGNS OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS OF SCANSOURCE, INC.’S AFFILIATES OR SUBSIDIARIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCANSOURCE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND/OR ASSIGNS AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNS OF SCANSOURCE, INC.’S AFFILIATES OR SUBSIDIARIES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR: (1) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY PURCHASES OR SALES OF PRODUCTS OR SERVICES WHICH RELATE IN ANY WAY TO YOUR USE OF THE SITE, (2) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY LOSS OR DAMAGE TO DATA, SOFTWARE OR HARDWARE ASSOCIATED WITH YOUR USE OF THE SITE; (3) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY DELAY OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKS OR CONNECTIONS THERETO; (4) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM OR RELATING TO ANY TRANSMISSION DEFECTS, VIRUSES OR SIMILAR EVENTS; OR (5) ANY CLAIMS, LOSSES OR DAMAGES RESULTING FROM THE UPLOADING OR DOWNLOADING OF ANY MATERIAL OR INFORMATION TO OR FROM THE SITE. 
We may make changes to the Site, may modify or delete any information or content contained within it, or may otherwise modify any Site-related service at any time without notice, including changes to any information provided to this Site by you. We make no guarantees whatsoever (i) that the Site or Services will meet your requirements or (ii) that the Site or Services will be uninterrupted, timely, secure or free from error. We make no commitment to update or correct the information obtained through or presented on this Site.

Limitation of Liability
WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY REPRESENTATIONS, ACTS OR OMISSIONS OF ANY USER, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IF ANY OF THE FOREGOING LIMITATIONS DO NOT APPLY TO YOU OR YOUR SITUATION, OR ARE HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, SCANSOURCE, INC.’S MAXIMUM LIABILITY TO YOU WILL BE FIFTY DOLLARS ($50.00). 

Controlling Law
These Terms are governed by the laws of the State of South Carolina without reference to conflicts of laws. We control and operate the Site from Greenville, South Carolina, United States of America and make no representation that these materials are appropriate or available for use in other locations. If User uses the Site from other locations, User is responsible for compliance with applicable local laws. You hereby submit to the exclusive jurisdiction of the federal and state courts situated in Greenville County, South Carolina and the applicable service of process. 

Termination
ScanSource, Inc. may terminate your access to the Site at any time should ScanSource, Inc. reasonably believe that you have breached these Terms in any manner. 

Revisions to the Terms
You agree that we may make changes to the Terms by providing you with notices about such changes, which notices may be by email, regular mail, or postings on the Site. You should review the Terms, and any revisions to the Terms, carefully because the Terms are binding upon you when you access or use the Site, the information contained on the Site, or any of the Site-related services. The Terms may be superseded or extended by express terms in designated additional terms of use notices located on certain pages of the Site. 

USER HAS READ, UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

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