Terms & Conditions


These Terms and Conditions of Use (the "Terms of Use") apply to the USAT Corp. ("USAT Corp." or "USAT") web site and web store located at www.usatcorp.com and all associated sites linked to www.usatcorp.com by its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of USAT Corp. and its licensors. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.

Acceptance of Terms

USAT Corp. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. It is your responsibility to check these Terms of Use periodically for changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of USATCorp.com to view the then-current terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. As long as you comply with these Terms of Use, USAT Corp. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Site Content

All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to USAT Corp., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, republished, copied, posted, uploaded, publicly displayed, translated, encoded, encrypted, transmitted or distributed in any way (including "mirroring") to any other computer, server, laptop, smart device, Web site or other medium for publication or distribution or for any commercial enterprise, without USAT Corp.'s express prior written consent.

You may use information on USAT Corp. products and services (such as data sheets, knowledge base or wiki publications, and similar materials) purposely made available by USAT Corp. for view or downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not collect, gather, harvest, scrape, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. USAT Corp. reserves the right to bar any such activity.

You may not use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any USAT Corp. server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any USAT Corp. server or to the Site without authorization from USAT Corp., whether through hacking, password mining or any other means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or USAT Corp.'s systems or networks, or any systems or networks connected to the Site or to USAT Corp..

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You agree not to use any USAT Corp. domain name as a pseudonymous return e-mail address. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to USAT Corp. on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of USAT Corp. or others.

Purchases & Additional Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including sales, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

USAT Corp.'s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Price and Availability Information

Pricing and availability as set forth in the USAT Corp. Site are subject to change without notice. The USAT Corp. Site may contain references to future planned products of USAT Corp. and our partners. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and USAT Corp. makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

User IDs, Access Passwords & Security

Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify USAT Corp. immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by USAT Corp. or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. USAT Corp. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

USAT Corp.'s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view USAT Corp.'s Privacy Policy see "Privacy Policy" available on the Site and accessible by search. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

External Links

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under USAT Corp.'s control, and USAT Corp. is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

THE USAT CORP. SITE, SERVICES AND MATERIALS, ARE PROVIDED BY USAT CORP. UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, USAT Corp. MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. USAT CORP. MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND USAT Corp. MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) USAT Corp. DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) USAT Corp. MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) USAT CORP. SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

USAT Corp. DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED USAT Corp. SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF USAT Corp.. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USAT Corp. WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. USAT Corp. ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST USAT Corp. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. USAT Corp. ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USAT Corp. OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. USAT Corp. WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

USAT Corp. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

In no event shall USAT Corp., its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if USAT Corp. has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the site, services, or materials; (2) the statements or actions of any third party on or via the site, services or materials; (3) any dealings with vendors or other third parties; (4) any unauthorized access to or alteration of your transmissions, user materials or other data; (5) any information that is sent or received or not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any services available that are delayed or interrupted; (8) any web site referenced or linked to from this site; or (9) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

If, notwithstanding the other provisions of these Terms of Use, USAT Corp. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, USAT Corp.' liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against USAT Corp. (but not including the purchase price for any USAT Corp. hardware products or any USAT Corp. support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold USAT Corp., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against USAT Corp. by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

USAT Corp. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) USAT Corp.' rights or property, or the rights or property of visitors to or users of the Site, including USAT Corp.' customers. USAT Corp. reserves the right at all times to disclose any information that USAT Corp. deems necessary to comply with any applicable law, regulation, legal process or governmental request. USAT Corp. also may disclose your information when USAT Corp. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that USAT Corp. may preserve any transmittal or communication by you with USAT Corp. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or USAT Corp. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of USAT Corp., its employees, users of or visitors to the Site, and the public.

You agree that USAT Corp. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to USAT Corp., for which monetary damages would be inadequate, and you consent to USAT Corp. obtaining any injunctive or equitable relief that USAT Corp. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies USAT Corp. may have at law or in equity.

You agree that USAT Corp. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If USAT Corp. does take any legal action against you as a result of your violation of these Terms of Use, USAT Corp. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to USAT Corp.. You agree that USAT Corp. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Dispute Resolution & Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between USAT Corp. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

USAT Corp. administers and operates the www.USATCorp.com Site from its location in Orange County, North Carolina USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. USAT Corp. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and USAT Corp. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and USAT Corp. with respect to such use are hereby superseded and cancelled. USAT Corp. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. USAT Corp.'s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by USAT Corp. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between USAT Corp. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Trademark Policy Information

Any use of USAT Corp. trademarks for commercial purposes without the prior written consent of USAT Corp. may constitute trademark infringement and unfair competition in violation of federal and state laws. Refer to USAT Corp.' Third Party Trademark Policy for more information, available on request.

Copyright Information

To obtain permission to use USAT Corp. copyrighted materials or if you have any questions concerning the usage or licensing of USAT Corp. copyrighted materials, please submit your detailed request in writing. You can e-mail your request to legal@usatcorp.com or fax it to (919)-942-4267.

USAT Corp.'s Unsolicited Idea Submission Policy

USAT Corp. or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when USAT Corp.' products or marketing strategies might seem similar to ideas submitted to USAT Corp.. So, please do not send your unsolicited ideas to USAT Corp. or anyone at USAT Corp.. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

Terms of Idea Submission

You agree that: (1) your ideas will automatically become the property of USAT Corp., without compensation to you, and (2) USAT Corp. can use the ideas for any purpose and in any way, even give them to others.

Product Feedback

USAT Corp. does, however, welcome your feedback regarding many areas of USAT Corp.' existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at sales@usatcorp.com, or you can choose from other listed areas for your feedback. Please provide only specific feedback on USAT Corp.' existing products or marketing strategies; do not include any ideas that USAT Corp.' policy will not permit it to accept or consider. It's just one more way that USAT Corp. can learn how to best satisfy your needs.

Software and Documentation Information

Software

Use of any software from this Site is subject to the software license terms set forth in their respective Software Licenses. The software license agreements are available for review whenever software is downloaded at this site.

Documentation

Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains USAT Corp.' copyright notice or their respective owner's copyright notice.

Third Party Companies and Products

Mention of third-party products, companies and web sites on the USAT Corp. Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. USAT Corp. assumes no responsibility with regard to the selection, performance or use of these products or vendors. USAT Corp. provides this only as a convenience to our users. USAT Corp. has not tested all hardware and software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and USAT Corp. assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products licenses and warranties, if any, take place between you and the third-party.

Terms & Conditions of Sale

Every Purchase from this Site is subject to USAT Corp.' Terms and Conditions of Sale and to the terms set forth in the Terms of Use Agreement. Please refer to these prior to making any purchase. The Terms and Conditions of Sale are accessible from the Site home page and by request.

The information contained in this Site is subject to change without notice. USAT Corp.. Updated August, 2012.