Last Updated September 22, 2010
This is a one-time standard SMS alert. Message and Data Rates May Apply. Fees may be incurred when requesting an SMS message, downloading the Service, or when using the Service. Any fees you incur through your use of the Service will be charged each month onto your cellular phone bill. Please consult your wireless carrier for applicable fees. There is no incremental or subscription charge for the application itself. Under no circumstances will Scanbuy be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service.
Limitations on Use
You must be at least 13 years old to register for and use the Service. If you are under 18 years old, please obtain your parents permission before you sign up for the Service.
The following list of carriers is supported by the service: Alltel, AT&T, Celluar One, Nextel, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless. MMS service is only supported by AT&T and Sprint.
Support Issues, Canceling or Unsubscribing
SCANBUY hereby grants to you a non-exclusive limited license to install the object code version of the SCANLIFE on one wireless communication device or your computer and to use the SCANLIFE on such device. All rights not expressly granted are reserved by SCANBUY.
You agree not to reproduce, modify, distribute, sell transfer, transmit or otherwise use the SCANLIFE included in your wireless device. You agree not to (i) remove any copyright or other proprietary notice from the SCANLIFE or (ii) sublicense or transfer the SCANLIFE to a third party.
This Agreement shall terminate immediately, without notice, if you fail to comply with any material term of this Agreement and you agree to immediately erase SCANLIFE from your wireless device. Further, you agree to erase SCANLIFE from your wireless device upon receipt of notice.
Disclaimer of Warranty
SCANBUY and any third party who makes its software and/or service(s) available in conjunction with or through SCANLIFE disclaim any responsibility for any harm resulting from your use of SCANLIFE and/or any third party software accessed in conjunction with or through SCANLIFE.
Limitation of Liability
Under no circumstances shall SCANBUY be liable to any user on account of that user's use or misuse of SCANLIFE or such third party software or services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if scanbuy has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on SCANLIFE from inability to use SCANLIFE and all third party software made available in conjunction with or through SCANLIFE, or from the interruption, suspension, or termination of SCANLIFE, all third party software and services made available in conjunction with or through SCANLIFE (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
This Agreement is governed by New York law and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the SCANLIFE shall be settled by binding arbitration in New York County, New York in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by New York law. However, (a) each of us may seek interim relief from a New York County, New York court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. This Agreement constitutes the entire agreement between you and SCANBUY regarding its subject matter and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.
If you are or are acting on behalf of an agency or instrumentality of the United States Government, the Application is “commercial computer software” developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Application is governed by the terms of this Agreement.