Terms of Use

Last Updated: January 1, 2023

These Terms of Use (the “Terms of Use”) for the Latin America market team (“LATAM,” “we,” “our” or “us”), of Canon U.S.A., Inc. (“Canon U.S.A.”) govern your use of this website and any of the websites, web pages, interactive features, products, services, solutions (including cloud solutions), software and forms located at https://www.cla.canon.com (the “Services”). This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and Canon U.S.A. and its parents, successors, affiliates and related entities (collectively, “Canon Group”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OTHER AGREEMENTS (AS DEFINED BELOW), AS AMENDED FROM TIME TO TIME AND MAY USE THE SERVICES AS LONG AS YOU COMPLY WITH THESE TERMS OF USE AND OTHER AGREEMENTS. EACH TIME YOU ACCESS THE SERVICES WHETHER VIA COMPUTER, TABLET, MOBILE DEVICE OR OTHER TECHNOLOGY OR DEVICE NOW KNOWN OR HEREAFTER DEVELOPED (EACH A "DEVICE"), YOU RECONFIRM YOUR AGREEMENT TO THESE TERMS OF USE AND OTHER AGREEMENTS.

1. ELIGIBILITY

In order to use the Services, you need to (a) be 18 or older and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws in your country of residence.

This Services are not directed to children under 13, and we do not knowingly collect information from children under 13 without complying with applicable law.

2. CHANGES TO THE AGREEMENT

Occasionally we may, in our discretion, make changes to the Services and these Terms of Use. Changes will be effective immediately (except for material changes) upon the posting of the revised Terms of Use to the Services. In the event we make material changes to these Terms of Use, we will notify you prior to the changes taking effect. If you do not agree to the modified Terms of Use, you may not use the Services. Your continued use of the Services following posting of the changes or any applicable notice period will constitute your acceptance of such changes to the Terms of Use.

3. ELECTRONIC COMMUNICATIONS

Support By E-mail, Chat

When you use the Services, participate in a chat session, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Support by Phone

You may connect with us by phone. You agree that if you provide LATAM with a mobile number, you will only provide us with the mobile number you own, and you consent to receive support-related calls from LATAM related to your inquiry. You understand and agree that you may receive these calls and any voice messages through the use of automated technology.

4. UNSOLICITED IDEAS

Canon U.S.A. and its parent company, subsidiaries and affiliates have been actively engaged in research and development in diversified scientific and business areas for many years. In order to protect the interests of Canon U.S.A., its parent company, affiliates and subsidiaries in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, LATAM does not solicit ideas, inventions, work samples, materials, demos, and the like or agree to receive any confidential information from persons or entities outside the Canon Group. LATAM maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Unsolicited Idea(s)”) and therefore you should not submit any Unsolicited Idea(s) to LATAM in any manner through the Services, by e-mail, chat, phone or otherwise. LATAM does not wish to receive Unsolicited Idea(s) from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, LATAM strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.

Nonetheless, if you do send LATAM an Unsolicited Idea that is not already protected by patent or is not public information, such Unsolicited Idea shall be deemed non-confidential to you and non-proprietary to you and shall immediately become the exclusive property of Canon U.S.A. By submitting an Unsolicited Idea to Canon U.S.A., you agree to convey your ownership interest in the Unsolicited Idea to Canon U.S.A., and that Canon U.S.A. will exclusively own all right, title and interest therein. LATAM is free to use and reproduce such Unsolicited Idea(s) freely, and for any purpose. Specifically, LATAM is free to use any ideas or concepts contained in any such Unsolicited Idea for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products. Any such use is without compensation to you whatsoever. If LATAM accepts your Unsolicited Idea(s), LATAM does not waive any rights it may have to similar or related ideas previously known to LATAM or developed by its employees, or obtained from sources other than you.

You further acknowledge and warrant that the Unsolicited Idea(s) only contain your own material and content or material and content that you have undeniable rights to use, and that LATAM's use will not violate any third party's rights. LATAM is under no obligation to use any Unsolicited Idea(s).

5. USE OF THE SERVICES

Your use of the Services will comply with applicable laws, and is also subject to any Other Agreements you may have with Canon U.S.A. In the case of any conflict between these Terms of Use and any agreement you have with Canon U.S.A., the terms of your agreement will prevail.

In accessing and using the Services, you agree that you will not:

  1. Transmit, post, distribute, store, destroy or revise any material, including without limitation, Content or Trademarks, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of LATAM's Privacy Statement;
  2. Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, allowing another person to access the Services using credentials issued to you, or any other means;
  3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as e-mail addresses;
  4. Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  5. Interfere with or damage the Services, including, without limitation, through the use of defeating security mechanisms, viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged, deleted or concealed routing or electronic mail address information or similar methods or technology;
  6. Use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers or transmit, distribute, post or submit any information that contains false or misleading statements of fact or descriptions of the origin of the material or the communication;
  7. Interrupt the operation of the Services in any manner whatsoever, including taking any action that imposes an unreasonable or disproportionately large load on the Services' infrastructure;
  8. Send LATAM any resume or apply for any job on behalf of another party;
  9. Use the Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by LATAM's sole discretion;
  10. Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services; or
  11. Interfere, or take any action that could interfere with, anyone else’s use of the Services or encourage or incite anyone to break the law.

Although LATAM has the right to, and may, from time to time, monitor or review content you submit to the Services ("Submissions”), LATAM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Submission, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Services. However, LATAM may delete Submissions at any time, and for any reason.

LATAM may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms of Use. Such action may include termination of your access to the Services or initiation of civil or criminal legal proceedings. Under these circumstances, LATAM may also investigate your use of the Services and provide information about your use to law enforcement.

6. OUR INTELLECTUAL PROPERTY RIGHTS

Copyrights

All rights, including but not limited to copyrights and trade secret rights, to the Services belong to Canon U.S.A. or its third party licensor. All materials on the Services, including but not limited to images, software, audio, and text (the "Content"), are protected by copyright under U.S. and/or other applicable jurisdictions’ copyright law, international conventions and other copyright laws. All Content is owned or licensed by Canon U.S.A. You cannot use the Content, except as specified herein. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as specifically set forth herein, any use of the Content on any other website or networked computer environment for any purpose is prohibited.

Trademarks

Canon U.S.A. trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Canon U.S.A. by Canon Inc. (collectively, the "Trademarks") displayed on the Services are registered and unregistered marks of Canon U.S.A. or Canon Inc., as the case may be. All other trademarks, trade names, product names, service marks and all other non-Canon Group marks are the property of their respective owners.

Except as otherwise set forth below, nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Canon U.S.A. or the Canon Group or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.

7. NOTICE OF COPYRIGHT INFRINGEMENT

If you believe in good faith that your copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide Canon U.S.A.’s designated copyright agent with the following information:

  • identification of the copyrighted work claimed to have been infringed;
  • identification of the allegedly infringing material on the Services that is requested to be removed;
  • your name, address and daytime telephone number, and an email address if available, so that Canon U.S.A. may contact you if necessary;
  • a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Canon U.S.A.’s copyright agent for notice of claims of infringement on the Services is:

By U.S. Mail

Copyright Agent
Legal Division
Canon U.S.A., Inc.
One Canon Park
Melville, New York 11747

By Email

copyrightagent@cusa.canon.com

By Fax

631-330-4450

This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Canon U.S.A. will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Services privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

8. OTHER AGREEMENTS; SOFTWARE, SOLUTIONS, OR ACCESS

Canon U.S.A. and Canon Group may provide products (such as hardware or software), services and solutions, including cloud solutions, or access to subsites of the Services under supplemental terms and agreements, and other documents posted or linked to at the UGW2 Site where End-User’s accounts are hosted (“Other Agreements”). The obligations of Canon U.S.A. or any member of Canon Group with respect to any product, service, solution, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreements, under which such product, service or solution or access is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Other Agreements.

9. LINKS TO OTHER WEBSITES

As a courtesy, the Services may contain links to other LATAM or affiliate websites and microsites to which you may have access ("Canon Group Sites"). The Canon Group Sites maintain their own unique terms and conditions and these Terms of Use for the Services in no way modify, alter or supersede the terms and conditions of the Canon Group Sites and you will be bound by such terms and conditions if you access the Canon Group Sites.

The Site may contain links to other Internet sites, which may not be maintained or controlled by LATAM. LATAM provides such links for your convenience only, and is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that LATAM approves, or endorses or recommends that site. LATAM disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. YOUR USE OF AND BROWSING ON THE SERVICES ARE AT YOUR OWN RISK. LATAM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THE SERVICES.

LATAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LATAM OR THROUGH THE SERVICES, CHATS, FORM RESPONSES, E-MAIL RESPONSES, OR PHONE CALLS, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

UNDER NO CIRCUMSTANCES WILL LATAM OR Canon U.S.A., ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY WEBSITE TO WHICH THE SERVICES PROVIDE HYPERLINKS; OR (VII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES, OR THE CONTENT OF ANY SITE OR SITES LINKED TO OR FROM THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LATAM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL LATAM'S LIABILITY EXCEED THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO LATAM FOR ACCESSING THE SERVICES.

YOU ARE RESPONSIBLE FOR TAKING APPROPRIATE PRECAUTIONS AGAINST DAMAGE TO YOUR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS OF THE SERVICES AND ASSUME THE RISK OF SUCH OCCURRENCES. OTHER THAN AS WITH SPECIFIC PRODUCT WARRANTIES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LATAM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THE SERVICES OR ANY SERVICES OFFERED ON THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. LATAM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY OF FACTUAL INFORMATION ON THE SERVICES, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY PERFORMANCE, QUALITY AND ACCURACY IS WITH YOU. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK THE LAWS OF YOUR COUNTRY.

INFORMATION ON THE SERVICES REGARDING LATAM PRODUCTS AND SERVICES, INCLUDING THEIR APPEARANCE AND SPECIFICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY LATAM WITH RESPECT TO ANY PRODUCT OR SERVICE AND LATAM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE, OR COMPLETENESS THEREOF.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LATAM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Additionally, software from the Services may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from the Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or are a national or resident of any such country or on any such list.

11. INDEMNITY

You agree to release, defend, indemnify and hold harmless Canon U.S.A., its parents and affiliates and all of their respective agents, directors, officers, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”), from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with your use of the Services or any claim in connection with or resulting from your breach of any provision of these Terms of Use. You agree to cooperate fully with Canon U.S.A. in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use. You agree that Canon U.S.A. and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Canon U.S.A. whether or not the settlement binds or is on behalf of Canon U.S.A. without the written consent of Canon U.S.A. You agree that Canon U.S.A. shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that Canon U.S.A., and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving Canon U.S.A., whether or not the settlement binds or is on behalf of Canon U.S.A., without the written consent of Canon U.S.A.

12. TERMINATION

LATAM may terminate this agreement and/or suspend or terminate your access to the Services for any reason and at any time without cause and without notice to you.

13. MISCELLANEOUS PROVISIONS

These Terms of Use and your access and use of the Site, will be governed by and construed in accordance with the laws of the State of New York, irrespective of its choice of law principles, and the parties agree that it is executed and delivered in that state. In the event any legal action becomes necessary to enforce or interpret the terms of use of this Site, You submit to the personal jurisdiction of the federal and state courts having jurisdiction for the State of New York.

The provisions of these Terms of Use which by their nature extend beyond termination will survive termination.

You shall not have the right or power to assign any of your rights or obligations set forth herein, without LATAM's prior written consent. Any such assignment without LATAM's prior written consent will be null and void.

The Terms of Use of the Services will be binding upon the parties, their affiliates, agents, successors and assigns.

Section headings are inserted for convenience only and are not a part of these Terms of Use.

If any provision of these Terms of Use or the application of any provision is held invalid, the remainder of these Terms of Use and the application of the provision other than to the extent it is held invalid, will not be invalidated or affected.

These Terms of Use and the LATAM Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the complete and exclusive statement of agreement between you and LATAM with respect to the Services and supersedes all prior agreements, verbal or written and any other communications between the parties relating to the subject matter hereof. No amendment to this agreement will be effective unless signed by an authorized representative of LATAM. You acknowledge that any other agreements between you and Canon U.S.A. with respect to the Services are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

BY CONTINUING TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.