Terms of use and privacy

1. Introduction

PLEASE READ THESE WEBSITE TERMS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING ANY Incontrol Solutions Inc. WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND PRIVACY STATEMENT SET FORTH BELOW, DO NOT USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE BUSINESS ENTITY OR THE ORGANIZATION YOU REPRESENT ("YOU" OR "YOUR") INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. Scope

The Website Terms of Use govern Your use of the Website and all applications, content, software, online localization and services (collectively, "Content") available via the Website, except to the extent such Content is the subject of a separate agreement. Note that Incontrol Solutions Inc. Software Products are governed solely by the License agreements (the "EULA") under which they are sold or licensed. Always check the Incontrol Solutions Inc. Software EULA to make certain that neither You nor Your software application, infringe the intellectual property rights ofIncontrol Solutions Inc. Incontrol Solutions Inc. reserves the right to modify and update its Privacy Statement and Website Terms of Use as needs dictate and as legal requirements are updated. If and when a change is made to our Privacy Statement or Website Terms of Use, this page will be duly updated to reflect the change. Your continued use of the Website after any changes to these Privacy Statements/Terms of Use will mean that You accept those changes.

3. Privacy statement

Incontrol Solutions Inc. Respects Your Privacy

All Information Incontrol Solutions Inc. collects from You are stored and maintained on secured servers. Incontrol Solutions Inc. does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. Incontrol Solutions Inc. does not disclose purchase information or licensing information to third parties.

If You Register for a Free Incontrol Solutions Inc. Product or a Free 30-day Evaluation License

Incontrol Solutions Inc. collects information such as Name, Email address, installation date, uninstall date and the actual Incontrol Solutions Inc.products you install when you register for free products or trial versions of our software from the Website and other Incontrol Solutions Inc. web properties. The information we collect is used for licensing, quality assurance and communication purposes only and allows us to inform registered users of upcoming product updates and new product releases. If You've registered with Incontrol Solutions Inc. and want to be removed from any mailing list, You can do so by writing to us at info@incontrolpos.com. Alternatively, You can contact us and be removed from our Email list. By doing so, You will not be contacted by Incontrol Solutions Inc. at any time in the future.

If You Register for Our Support Center

Incontrol Solutions Inc. collects information such as Public Name whenever You register and participate in our Support Center discussions. The information we collect may be used to display Your information to others when posting on Support Center. If You do not want any personally identifiable information to be made available to others – such as Your name – do not register for our Support Center. If You've registered for our Support Center and want to be removed from our user database, write to us atinfo@incontrolpos.com.

If You Purchase or License an Incontrol Solutions Inc. Product

Incontrol Solutions Inc. collects personally identifiable information whenever You purchase/license a Incontrol Solutions Inc. product. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows Incontrol Solutions Inc. to communicate with You regarding upcoming product updates, new product releases, company news and other important business matters. To help prevent software piracy, Incontrol Solutions Inc. also collects information on the number of installations of a given product You've purchased via our product licensing mechanisms and our client center. At any time, You can contact us at info@incontrolpos.com and remove Your name from any mailing list. By doing so, You will not be contacted by Incontrol Solutions Inc. at any time in the future.

Cookies

Incontrol Solutions Inc. may use cookies for technical purposes so as to improve the Website experience or to make use of persistent cookies to remember You between visits to the Website or store Your product installation preferences. You can disable Cookies by modifying the appropriate settings within Your web browser. If You do not wish to store personally identifiable information in Cookies and do not make the appropriate selections within Your web browser, do not use this Website.

4. Legal, copyright, and trademark information

All intellectual property rights associated with the Website and its Contents are the sole property of Incontrol Solutions Inc.The Content is protected by US and International copyright laws. All Incontrol Solutions Inc. Service Marks so designated and allIncontrol Solutions Inc. Products referenced on the Website are either trademarks or registered trademarks of Incontrol Solutions Inc. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ofIncontrol Solutions Inc. and may not be used in any manner without the express written consent of Incontrol Solutions Inc.

Incontrol Solutions Inc. has made every effort to supply third-party trademark information on the Website. All third party trademarks represented on this web site may be the property of their respective owners. Certain areas of the Website may contain other proprietary notices, conditions of use, and copyright information, the terms of which must be observed and followed. Except for the rights of use and other rights expressly granted by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any manner without the prior written consent of Incontrol Solutions Inc. Incontrol Solutions Inc. grants You a limited, personal, nontransferable, revocable license which cannot be sub-licensed to access and use the Website and its Content only in a manner expressly authorized by Incontrol Solutions Inc. and the Website Terms of Use. Except to the extent required by law, the Content made available on the Website may not be reverse-engineered, modified, reproduced, republished, translated into any language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Incontrol Solutions Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Incontrol Solutions Inc.

5. Your submissions

Incontrol Solutions Inc. does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from You through the Website. Any and all materials or information divulged during chats, online discussions, Support Center submissions, or made available to Incontrol Solutions Inc. in any manner will be deemed NOT to be confidential by Incontrol Solutions Inc. You acknowledge that submissions to Incontrol Solutions Inc. will not be considered confidential or proprietary and that Incontrol Solutions Inc. will be under no obligation to keep such information confidential. You further acknowledge that Incontrol Solutions Inc. will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and You also agree Incontrol Solutions Inc. is free to use any ideas, concepts, know-how or techniques that You send to us for any purpose. This includes any submissions, changes, updates or corrections made via the Website Localization Service.

6. Third-party submitted content and support

The Website provides You the opportunity to provide and receive technical support assistance with third parties (the Incontrol Solutions Inc. End-User Community) via online forums, chats and the Support Center. Incontrol Solutions Inc. makes no representations or warranties regarding the validity or quality of the technical support assistance You obtain from third-parties on the Website. You agree that use of third-party technical support assistance is done so at Your own risk.

7. Cookies

8. Outbound links

The Website may contain links and references to non-Incontrol Solutions Inc. Websites and resources (“External Sites”). Links to External Sites are provided for informational purposes and in no way represent an endorsement or approval byIncontrol Solutions Inc. Incontrol Solutions Inc. makes no representations or warranties regarding the validity or quality of any content, software, or service hosted on any External Site. You agree that use of External Sites is done so at Your own risk.

9. Termination

Incontrol Solutions Inc., at its sole discretion, may terminate YOUR access and use of all or any portion of the Website and its Content at any time, with or without cause. Upon such termination, You must immediately discontinue use of the Website.

10. Disclaimer of warranties

THE CONTENT PROVIDED ON THE WEBSITE AND ALL RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS AND ARE FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content, including but not limited to localization tools, provided on the Website may contain technical inaccuracies or typographical errors. Content, including but not limited to pricing, subscription terms may be changed or updated without notice. Incontrol Solutions Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

11. Limitation of liability

To the extent permitted by applicable law, in no event shall Incontrol Solutions Inc. be liable for any special, incidental, indirect, or punitive and consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Website and associated Content, even if Incontrol Solutions Inc. has been advised of the possibility of such damages.

You understand that the Content made available on the Website may produce inaccurate results. You assume full and sole responsibility for any use of the Website and its Content and bear the entire risk for failures or faults. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND Incontrol Solutions Inc. SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL Incontrol Solutions Inc.'S LIABILITY EXCEED THE PRICE PAID TO Incontrol Solutions Inc. FOR THE SERVICES RENDERED VIA THE WEBSITE.

12. Indemnification

You agree to indemnify and hold harmless Incontrol Solutions Inc., 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 the Website, including but not limited to Your violation of this Agreement.

13. Export restrictions

Incontrol Solutions Inc. expressly complies with all export restrictions imposed by the government of the United States of America. You must agree not to export or re-export applicable Content available within this Website to any country, person, entity or end user subject to United States export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.

14. Force majeure

A Party shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to any other party, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment or any other cause or causes beyond such Party’s reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the Party or property or equipment of others which is deemed under the Operational Control of the Party. A Force Majeure event does not include an act of negligence or Intentional Wrongdoing by a Party. Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder.

15. Miscellaneous

The Website Terms of Use shall be construed, interpreted and governed by the laws of the State of Washington, U.S.A. The Website Terms of Use gives You specific legal rights; You may have others that vary from state to state and from country to country.

Any action arising out of or relating to the Website or the Website Terms of Use shall be brought exclusively in the state courts located in Snohomish County, Washington, or in the United States District Court for the Western District of Washington, and You consent to the personal jurisdiction and venue of those courts.

Incontrol Solutions Inc. reserves all rights not specifically granted in the Website Terms of Use. Should you have any questions concerning this AGREEMENT, contact us directly in the United States at+1 (425) 424-9707, or write US Corp Agents/Incontrol Solutions Inc., 14205 SE 36th St, STE 100, Bellevue, WA 98006-1553 Attention: General Counsel.

16. Copyright notice

17. Trademarks

Trademarks or registered trademarks are property of their respective owners.

18. Copyright complaints (DMCA takedown requests)

18.1 Designated Agent

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent:

Service Provider: Incontrol Solutions Inc.
Name of Agent Designated to Receive: c/o United States Corporation Agents, Inc.
Notification of Claimed Infringement: Registered Agent
Full Address of Designated Agent to Which Notification Should be Sent: 14205 SE 36th St, #100 Bellevue, WA 98006-0000
Telephone Number of Designated Agent: 323-962-8600
E-Mail Address: ramanagement@legalzoom.com

18.2 Effective Notification Requirements

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18.3 Notice and Termination Policy

INCONTROL may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a User's e-mail address in our records, or by written communication sent by first-class mail to a User's address in our records. INCONTROL may, within its sole discretion, terminate authorization of Users to its Website who are repeat infringers.

Website terms of use & privacy