Please read this Terms of Use Agreement (the “Agreement”) carefully. The Agreement governs your use of any and all websites owned and/or operated by SCS Communications, LLC, including but not limited to SCS Unified Communications (collectively, the “Websites”) and the services and goods provided through, or in connection with, the Websites (collectively, the “Service”). Each time you use the Service, you acknowledge that you have read and agree to be bound by all terms of the Agreement.

THIRD PARTY LINKS SCS Communications, LLC may provide links to external websites for your convenience and reference only. SCS Communications, LLC does not endorse and is not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against SCS Communications, LLC or its service providers arising out of your use of external websites or resources. SCS Communications, LLC makes no guarantee for the accuracy of data from these websites. 

MEMBER REGISTRATION You must register as a Member with SCS Communications, LLC to access certain functions of the Websites. You must provide certain current, complete, and accurate information about yourself (the “Registration Data”) when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. SCS Communications, LLC and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify SCS Communications, LLC immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service.

ACCOUNT TERMINATION POLICY User may cancel service at anytime. You acknowledge and agree that SCS Communications, LLC, may terminate your access to the Websites at the sole discretion of SCS Communications, LLC at any time. 

OWNERSHIP All of the materials included on the Websites, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the “Content”), are the property of SCS Communications, LLC and other parties. U.S. and international copyright and trademark law protects all Content available on the Websites. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Websites for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.

INTELLECTUAL PROPERTY Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio and video within these Sites are the trademarks, service marks, trade names, copyrights, patents or other property of SCS Communications, LLC (herein after SCS Communications, LLC Intellectual Property). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any SCS Communications, LLC Intellectual Property displayed on the Sites without the written permission of SCS Communications, LLC.

COPYRIGHT All content included on these websites, including text, graphics, logos, buttons, icons, and images, are the property of SCS Communications, LLC, its licensors or its content suppliers, and are protected by U.S. and international copyright and trademark laws. The compilations of all content on the websites are the exclusive property of SCS Communications, LLC and are protected by U.S. and international copyright laws. All software used on the sites is the property of SCS Communications, LLC or its suppliers and is protected by U.S. and international copyright laws. You may not copy, publish, distribute, create derivative works of, or commercially exploit the content of the websites, or use the websites for any other purpose.

TRADEMARKS All trademarks, service-marks, and trade names appearing on the site are the property of SCS Communications, LLC or their respective owners that have granted SCS Communications, LLC the right to use such marks.

ACCEPTABLE USE OF THE WEBSITE Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web. In addition, the following rules apply to your use of the Service: Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures. You acknowledge and agree that SCS Communications, LLC does not endorse the actions, the contents of communications, or the products of the Users. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service. You must complete all transactions you agree to complete in connection with the Service. In your capacity as a seller, if applicable, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries.

PROHIBITED CONDUCT You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Websites, any account, or any communication or transaction being conducted on our Websites; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except SCS Communications, LLC) any information you obtain about or from other users of the Service, or you obtain from Service Company Solutions if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (g) send any unsolicited e-mail or advertising to any known user,  (h) use the Services for any use other than personal, noncommercial purposes unless specifically approved in writing by SCS Communications, LLC, in its sole discretion (i) reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the SCS Communications, LLC software, whether in whole or in part, or (j) incorporate any portion of the SCS Communications, LLC software or data into other programs or compile any portion of it in combination with other programs, or otherwise copy, modify, create derivative works of, distribute, assign any rights to, or license the SCS Communications, LLC software in whole or in part.  

DISCLAIMER OF WARRANTIES you expressly agree that use of the service is at your own risk. SCS Communications, LLC provides the service on an “as is” basis. SCS Communications, LLC and its service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SCS Communications, LLC and its service providers make no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or error free; nor do SCS Communications, LLC or its service providers make any warranty as to the results that may be obtained from the use of the service, as to confidentiality or privacy of any of user’s information registration data, or as to the accuracy or reliability of any information obtained through the service. Any material or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. SCS Communications, LLC and its service providers make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service and are not responsible for any use of confidential or private information by merchants or other users. No advice or information, whether oral or written, obtained by you from SCS Communications, LLC or through the service, shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. While SCS Communications, LLC takes reasonable steps to safeguard and to prevent unauthorized access to your information and registration data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall SCS Communications, LLC be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party’s unauthorized access to your information or registration data, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether SCS Communications, LLC was given actual or constructive notice that damages were possible.

SCS Communications, LLC does not warrant that the SCS Communications, LLC services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the SCS Communications, LLC services, SCS Communications, LLC’s servers or electronic communications sent from SCS Communications, LLC are free of viruses or other harmful components. To the full extent permissible by law, SCS Communications, LLC will not be liable for any damages of any kind arising from the use of any SCS Communications, LLC service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any SCS Communications, LLC service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

LIMITATION OF LIABILITY to the extent not prohibited by law, in no event shall SCS Communications, LLC be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the service or any third party service in conjunction with SCS Communications, LLC’s service, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if SCS Communications, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequences damages, so this limitation may not apply to you. In no event shall Service Company Solution, LLC’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount equal to the amount of one month’s membership fee. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

INDEMNIFICATION You agree to indemnify and hold SCS Communications, LLC, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. SCS Communications, LLC and its Service providers assume no responsibility whatsoever for such content or actions.

RELEASE you hereby release, remise and forever discharge SCS Communications, LLC and its service providers and each of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the service.

TERMINATION If you breach any provision of this Agreement, you may no longer use the Service. SCS Communications, LLC may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If SCS Communications, LLC terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, SCS Communications, LLC may remove from the Websites and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.

GENERAL The Agreement comprises the entire agreement between you and SCS Communications, LLC and supersedes all prior agreements regarding the subject matter contained herein. SCS Communications, LLC may amend the terms and conditions of this Agreement (the “amended terms”) from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SCS Communitions, LLC’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCS Communications, LLC in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.