Terms & Conditions

2024-01-01

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

These Terms of Use (“Terms”) are part of the overall Agreement (as defined below) between you (“you”) and Kaos Logic dba ReviewScanGo (“Company”, “we”, “us” or “our”). The Agreement governs your use of our platform, analytics, information, applications, websites and other products and services (collectively, the “Services”), as long as you follow its terms. If you use the Services on behalf of a company or other entity, then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and (b) you agree to the Agreement on the entity's behalf.

By accessing or using the Services (as defined below) in any manner, you agree to:

1. all terms and conditions in these Terms;
2. our privacy policy (“Privacy Policy”); and
3. any other standard policies or community guidelines posted in our Services, which also form part of your contract with us and must also be observed and followed (clauses (1) through (3) collectively, the “Agreement”).

Please note that Section 13 contains an arbitration clause and class action waiver. By agreeing to this Agreement, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 15.

ACCESS & PASSWORDS

You must be at least 18 years of age to use this website and/or the other Services. By using the Services, you represent and warrant that you meet these requirements.

In order to access most features of the Services, you must register or create an account. When creating your account, you must provide accurate and complete information, and you must update it as necessary from time to time. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice.

We may elect to allow you to log into the Services via other third party authentication services, in the Third Party Platforms (as defined below). You understand that these are Third Party Platforms , and that we are not responsible for their logins, systems or data. By using third-party logins, you may be subject to their respective privacy policies and other terms of use.

You are solely responsible for your account's activity, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

YOUR OBLIGATIONS

A. SUBSCRIPTIONS

Though some features of the Services are free, or may be used for free during a promotional period of our choice, many features require you to purchase a subscription.

You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page (or if not designated, then monthly), and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. If have selected an annual plan we use reasonable efforts to provide you with notice of your upcoming annual renewal.

You may cancel or downgrade the Services at anytime for any reason. In order to avoid future charges you must cancel or change before the subscription period renewal date. You may make these changes to your subscription by: (1)using the self-serve functionality, (2) requesting changes through the customer support or (3) emailing our dedicated Support team at support@ReviewScanGo.com.

B) PAYMENTS

You agree to pay Company any applicable fees posted for the Services selected. By completing and submitting any credit card or other payment authorization through the Services, you are authorizing Company to charge the fees to the account you identify. You authorize and direct us to retain information about the payment method(s) associated with your account.

Your are entitled to a full refund if you elect to terminate the Services within the first seven (7) days of your initial purchase. Except as expressly set forth in these Terms, payments for any subscriptions to the Services are nonrefundable and there are no credits or refunds for partially used periods or periods of non-usage. Following any cancellation by you, however, you will continue to have access to the paid Services through the end of the subscription period for which payment has already been made.

Any refunds of funds after termination is at the sole discretion of the Company. You must keep all contact and billing information, including payment method, up-to-date. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your account is canceled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account.

After 30 days from the date of any unpaid charges, your fee-based Services will be deemed delinquent and we may terminate or suspend your account and Services for nonpayment. We reserve the right to assess an additional 1.5 percent late charge (or the highest amount allowed by law, whichever is lower) per month if your payment is more than 30 days past due and to use any lawful means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

You are responsible for all charges incurred under your account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your account, or anyone who gains access to your account as a result of your failure to safeguard your username, password, or other authentication credentials or information.

C) YOUR CUSTOMER DATA

Except as otherwise set forth herein, Company will only collect and process Your Customer Data in order to provide the features and functionalities of the Services. In no event will Company sell Your Customer Data or use it for marketing or promotional purposes. All collection, use, and processing of Your Customer Data shall comply with all applicable laws, rules and regulations. Company shall implement and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Your Customer Data provided that you acknowledge that no security measures involving transmission of information on the Internet are perfect. Company shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify you in the event of any unauthorized access to or disclosure of Your Customer Data. Company shall make reasonable efforts to identify and remediate the cause of such actual or reasonably suspected security breach.

Notwithstanding the foregoing, you agree that Company is free to use and disclose Your Customer Data in aggregated, anonymous form for the purposes of general statistical analysis, improvement of its services, and to create reports, evaluations, benchmarking tests, studies, analyses and other work product related to the foregoing; however, Company shall not distribute any such aggregated data in a manner that identifies any of Client's customers or is otherwise identifiable as originating from Client without Client's prior, written consent.

Without limiting the foregoing, you expressly represent and warrant that all Your Customer Data was collected and provided by you in accordance with our privacy policy, applicable Third Party Platform policies and all applicable laws.

PUBLIC POSTINGS AND LICENSED MATERIALS

Certain material you may post on our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, “Public Postings”). These Public Postings will be treated as non-confidential and nonproprietary. You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.

Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (to the extent excluding any personal information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary.

By providing any Public Posting or Submission, you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Services pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Company the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.

You shall be solely responsible for your own content and any Public Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit. You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. You further agree that you will not submit to the Services any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

We do not endorse any content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove all content if properly notified that such content infringes on another's intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice. We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user's account or otherwise block access for submitting such material in violation of this Agreement.

We are not responsible for end user error or errors in inputs or for errors in any user supplied data. We do not independently verify the truthfulness or accuracy of any data or content input into the Services and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.

WARRANTIES AND LIMITATIONS OF WARRANTIES

If you are not completely satisfied with the Services, your sole remedy is to cease using the Services. With respect to any fee-based Services, if you signed up for designated term or timeframe, you will still be responsible for payment for the full term. If you did not subscribe for any minimum period, then you may cancel at any time on 30 days advanced notice, and cease to use the Services, then you will not be charged any additional amounts after the effective date of such termination. In any case, you will be responsible for any and all charges and activity accrued prior to your Services termination date, and those obligations will survive your termination of the Services. Company undertakes commercially reasonable efforts to ensure that the information and analysis it provides is current and accurate, however, Company does not warrant the accuracy of information or analysis, including in data used as part of the claims process. Additionally, as part of MRS claims, we might create documents on your behalf based on your shipping data.

THE SERVICES AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THEM, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. WE DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SERVICES AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, INCLUDING IF AND TO THE EXTENT ANY OF THE FOREGOING ARISE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF US TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, EXCEED THE TOTAL FEES PAID TO US BY YOU, IF ANY, DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM (OR $10 IF THE SERVICES ARE FREE). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, CLAIMS, JUDGMENTS, COSTS, EXPENSES AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS' FEES, INCURRED BY US OR SUCH PARTIES AND/OR ARISING OUT OF OR RESULTING FROM (1) ANY ACTUAL OR ALLEGED VIOLATION BY YOU OF THIS AGREEMENT (INCLUDING ANY REPRESENTATION OR WARRANTY HEREIN); (2) ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES WITH YOUR PASSWORD; (3) YOUR USE OF AND ACCESS TO THE SERVICES; (4) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHT; (5) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LAW, RULE OR REGULATION; AND/OR (6) YOUR CONTENT OR DATA, INCLUDING IF IT CAUSES ANY DAMAGE TO A THIRD PARTY. YOUR DEFENSE, INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS IN THIS AGREEMENT WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICES.

We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure.

MODIFICATION OF TERMS

Should there be a conflict between this Agreement and your order form, the terms of the Order Form shall take precedence.

Company may change the terms of this Agreement from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by our posting notice of the changes on the Services (which may consist of publishing the changes on our website). Any such changes will become effective when notice is received or when posted on the Services, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Services following such notice will indicate your acknowledgement and agreement to be bound by such changes.

MODIFICATIONS TO SERVICES

We reserve the right to modify or discontinue the Services at any time with or without notice to you, including without limitation by adding or subtracting features and functionality, third party content, etc. In the event of such modification or discontinuation of the Services, your sole remedy shall be to terminate this Agreement or cancel your subscription (as set forth above in Section 2(A)), as applicable. Continued use of the Services following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Services as so modified.

OWNERSHIP

We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, software, analytics and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services.

Unless otherwise stated, all content in our websites or other Services, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.

INTERNATIONAL USERS

The Services are controlled, operated and administered by us from within the United States. We make no representation that this site is available for access or use at other locations outside the U.S. However, any access or use from outside the U.S. remains subject to this Agreement. You agree not to access or use any information or materials on the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing the Services.

ARBITRATION AND CLASS ACTION WAIVER

THIS ARBITRATION SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. This arbitration section governs disputes between you and us, unless you opt-out (as described below), or unless contrary to applicable law.

Informal Process First. You agree that in the event of any dispute between you and the Company, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

Arbitration Election. You agree that all disputes between you and us (including disputes involving a third party), such as disputes related to this Agreement or the Services and threshold questions of the arbitrability of the dispute, may, in our discretion, be resolved by binding, individual arbitration before JAMS. You hereby expressly waive trial by jury. If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained in this arbitration section is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Arbitration Procedure. The JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply to any arbitration between you and us (the “JAMS Rules”). The JAMS Rules are available at www.jamsadr.com or by calling 1-800-352-5267. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under this Agreement will take place on an individual basis - class arbitrations and class actions are not permitted. You understand that by agreeing to this Agreement, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. This Provision governs in the event it conflicts with the applicable arbitration rules. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Agreement.

Small-claims Alternative. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.

Opting Out. You may opt out of this agreement to arbitrate. To opt out, you must notify us in writing within 30 days of the date that you first register to use the Services or agreeing to this Agreement. Otherwise, you will be bound to arbitrate disputes in accordance with this Agreement. You must use this address to opt out and must include your account's name, physical and email addresses, and a clear statement that you want to opt out of this arbitration agreement:

Kaos Logic
Contact: support@reviewScango.com

MISCELLANEOUS

The laws of the State of Washington, without regard to conflicts of law principles thereof, will apply to all matters related to the Services and this Agreement, except that the arbitration provision above will be governed by the US Federal Arbitration Act. The parties submit to the exclusive legal jurisdiction and venues of the Courts of Los Angeles County, Washington.

You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. In the event that Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company's obligations under this Agreement.

This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Services, superseding any prior agreements between you and Company with respect thereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Services must be filed within six (6) months after such claim or cause of action arose or be forever barred.

You may contact us regarding this Agreement or the Services at:

Kaos Logic
Contact: support@ReviewScanGo.com