Terms & Conditions
Effective date: October 1st, 2019
Scan Factor, LLC (“ScanFactor”, “we”, “us” and terms of similar meaning) provides this web site and the services provided by or through this web site to you subject to these terms and conditions of use.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our Services. If these terms and conditions are considered an offer by ScanFactor, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a user account on ScanFactor.com. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Responsibility of Visitors
- Content on Other Websites
- Copyright Infringement
- Intellectual Property
- Disclaimer of Warranties
- Jurisdiction and Applicable Law
- Arbitration Agreement
- Limitation of Liability
- General Representation and Warranty
- Questions and Comments
- Schedule 1
ScanFactor Services Details of the ScanFactor Services and associated pricing can be found in Schedule 1 of this document. These Services may be changed at the sole discretion of ScanFactor with or without notifications being sent to users of our service.
Your ScanFactor Account If you create an account with ScanFactor, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify ScanFactor of any unauthorized uses of your account, or any other breaches of security. ScanFactor will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors If you post material to ScanFactor.com, post links on ScanFactor.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the Content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ScanFactor.com, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content beyond the scope of the recruiter-student relationship to ScanFactor for inclusion on your website, you grant ScanFactor a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your organization. This license allows ScanFactor to make publicly-posted Content available to third parties selected by ScanFactor so that these third parties can analyze and distribute (but not publicly display) your Content through their services. If you delete Content, ScanFactor will use reasonable efforts to remove it from ScanFactor.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ScanFactor has the right (though not the obligation) to, in ScanFactor’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any Content that, in ScanFactor’s reasonable opinion, violates any ScanFactor policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ScanFactor.com to any individual or entity for any reason. ScanFactor will have no obligation to provide a refund of any amounts previously paid.
Payment, Renewal, and Cancellations
- One-time setup fee of $250 for new accounts. For a limited time, the setup fee will be waived for all new customers.
- After the host user account and career fair event have been created in the software, a $100 cancellation fee will be charged to the customer if ScanFactor is then not implemented at the fair or if the fair is cancelled for any reason.
- Unless otherwise communicated in writing, the total cost will be charged on a per company basis and will be derived from the total companies in attendance—whether they use ScanFactor or not.
- Payment is due 10 calendar days after receipt of invoice unless otherwise specified in writing. An additional $100 fee will be charged for each 10-day period after that.
Responsibility of Visitors
ScanFactor has not reviewed, and cannot review, all the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ScanFactor does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ScanFactor disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which ScanFactor.com links, and that link to ScanFactor.com. ScanFactor does not have any control over those non-ScanFactor.com websites, and is not responsible for their contents or their use. By linking to a non-ScanFactor.com website, ScanFactor does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ScanFactor disclaims any responsibility for any harm resulting from your use of non-ScanFactor.com websites and webpages.
As ScanFactor asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ScanFactor.com violates your copyright, you are encouraged to notify ScanFactor at email@example.com. ScanFactor will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of such termination, ScanFactor will have no obligation to provide a refund of any amounts previously paid to ScanFactor.
This Agreement does not transfer from ScanFactor to you any ScanFactor or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ScanFactor. ScanFactor, ScanFactor.com, the ScanFactor.com logo, and all other trademarks, service marks, graphics and logos used in connection with ScanFactor.com or our Services, are trademarks or registered trademarks of ScanFactor or ScanFactor’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ScanFactor or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
ScanFactor may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ScanFactor.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” ScanFactor and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ScanFactor nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. While ScanFactor attempts to make your access to and use of the Services safe, ScanFactor does not represent or warrant that the Site, the Content, or the Services are free of viruses or other harmful components.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Utah, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Salt Lake City, Utah.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake City, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Limitation of Liability
In no event will ScanFactor, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) for software malfunctions or errors that cause data to be lost or corrupted; (v) or any other issue that may arise that results in interferences or damages to the users in the recruiting process; or (vi) for any amounts that exceed the fees paid by you to ScanFactor under this agreement during the twelve (12) month period prior to the cause of action. ScanFactor shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless ScanFactor, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between ScanFactor and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ScanFactor, or by the posting by ScanFactor of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ScanFactor may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
By paying the setup fee or using the service, you agree to become bound by the terms and conditions of this agreement.
Questions and Comments
If you have any questions regarding these Terms or your use of the Services, please contact us here:
ScanFactor will provide the following services to each customer for each career fair:
- Digital files of the marketing materials for students and recruiters
- The mobile app and website services
- Ability to export data to Excel
- Real-time data metrics
- Training program
- Digital files of the marketing materials for students and recruiters
- Real-time data metrics
Each entity using ScanFactor’s service agrees that:
- Your employees still run and manage all aspects of the fair
- A reasonable effort will be made to educate and inform students and recruiters about ScanFactor services