Terms and Conditions

Effective October 18, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

Welcome to www.screenax.com (“Website”). This Website (including all subpages at the same domain), our social media pages, emails, and other electronic locations through which you may interact with us are collectively referred to as the “Sites” and are subject to the Terms of Use (“Terms”, “Agreement”, “TOU”). These Terms create a contractual agreement between you (“user,” “you,” “your”) and Screenax Inc., an Illinois corporation (“Screenax”, “we”, “us”, “our”) regarding your use of the Sites. Please note that we may update, modify, or amend the Terms from time to time as we deem necessary, in our sole discretion, and without prior written notice to you. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting upon the Website. You agree to be bound by such modified, altered, and updated terms if you access or use the Sites.

We make no warranty, expressed or implied; representation; or guarantee as to the content, sequence, accuracy, timeliness, or completeness of the data provided on our Sites. You are receiving this information “as is” and we explicitly disclaim any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.

We shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of their cause. We shall assume no liability for any decisions made or actions taken or not taken by the user of the Sites in reliance upon any information or data furnished hereunder. Your use of the Sites indicates your unconditional acceptance of the foregoing disclaimer.

The Sites are intended solely for Users who are 18 years of age or older. Any access to or use of the Sites by anyone under 18 is expressly prohibited. By accessing or using the Sites, you represent and warrant that you are 18 years of age or older. If you reside in or operate your organization in a jurisdiction that would restrict the use of the Sites or any other feature or function of the Sites because of the age of the user, you must abide by such age limits, rules, laws, or regulations and you must not permit use of the Sites by any users legally prohibited from using it in that jurisdiction.

The contents of the Sites are copyrighted and any unauthorized use of any materials at the Sites may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any copied or printed materials.

Any uploads, suggestions, or other communication or material that you send to us through the Sites are and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We will be free to use, disclose, reproduce, modify, license, transfer, and otherwise distribute uploads and suggestions in any manner, and you will gain no right, title, or interest in or to the Sites. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products. We reserve the right to display or insert advertisements in connection with uploads and suggestions and to use uploads and suggestions for marketing, advertising, and promotional purposes.

You agree that you are solely responsible for all of your uploads and suggestions. We are not required to host, display, or distribute any uploads or suggestions, and may remove at any time or refuse any uploads or suggestions for any reason. We are not responsible for any loss, theft, or damage of any kind to any uploads or suggestions. You represent and warrant that: (a) you own all rights in your uploads and suggestions or, alternatively, you have acquired all necessary rights in your uploads and suggestions to enable you to grant to us all of the rights described herein; and (b) your uploads and suggestions do not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.

You may not use the Sites, nor permit any user to use the Sites, to create, reproduce, upload, store, process, display, transmit or distribute information or data:

• for commercial purposes;
• that infringes or misappropriates a third party’s intellectual property or proprietary rights, including patents, copyrights, trade secrets, and trademarks; 
• that discloses confidential or trade secret information or materials in breach of a legal obligation not to disclose such information or materials;
• that violates or encourages conduct that would violate any applicable laws, including any criminal laws, or any third party rights, including confidentiality, publicity or privacy rights; 
• that constitutes Protected Health Information (PHI) under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), and HIPAA’s associated rules and regulations;
• that is obscene or excessively profane; 
• that may be harmful to minors; 
• that promotes or advocates hatred or violence, or promotes or encourages discrimination against or intolerance of any person or group based on race, ethnicity, religion, sex, sexual orientation or on any other basis which would constitute a violation of law; 
• that advocates or provides instructions regarding computer hacking or cracking; 
• that advocates or provides instructions for use of illegal weapons or weapons of mass destruction; 
• intended to recruit individuals to join a terrorist organization or which otherwise furthers the agenda of a terrorist organization;
• related to phishing or other methods of identity theft; 
• related to drug paraphernalia; 
• related to or consisting of illegal or malicious malware such as viruses, worms, time bombs, trojan horses, and other harmful or malicious files, scripts, agents or programs; 
• that is false and defamatory; 
• constituting “fake news,” i.e., information of public interest depicted to be actual or true but known to be false, or which should reasonably be known to be false, for political or other purposes, except for satire;
• that generates unsolicited commercial email (spam), including: (i) sending communications or email in violation of the CAN-SPAM Act or any other applicable anti-spam law or regulation; (ii) spoofing, imitating or impersonating Screenax, another person or such person’s email address, or creating false accounts for the purpose of sending spam; (iii) data mining, scraping or harvesting any web property (including any part of the Sites) to find email addresses or other user account information; (iv) sending unauthorized email via open, third-party servers; (v) sending email to users who have requested to be removed from a mailing list; (vi) selling to, exchanging with, sharing with or distributing to a third party personal data, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; or (vii) sending spam to significant numbers of email addresses belonging to individuals or entities with whom you have no preexisting relationship;
• that launches any automated system, including without limitation, “robots,” “spiders,” “offline readers,” or similar tools, that accesses the Sites in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; 
• to copy, sell, license, sublicense, rent, lease, assign, pledge, give, lend, distribute, disclose, transfer, modify, enhance, alter, adapt, translate, prepare derivative works from, decompile, decode, reverse engineer, disassemble or otherwise attempt to derive source code from the Sites or content available via the Sites for any purpose (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Sites); or
• to take any action to circumvent or defeat the security, copyright or content usage rules provided, deployed or enforced by any functionality contained in the Sites.

Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Sites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of the materials, that collects or harvests any personally identifiable information (PII), including, without limitation, geolocation data and account names, from the Sites, nor use the communication systems provided by the Sites for any commercial solicitation purposes. You may not circumvent, disable or otherwise interfere with security related features of the Sites or features that prevent or restrict use or copying of any content or enforce limitations on use of the Sites or the content therein.

You agree not to decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Sites or any part thereof, or rent, lease, loan, sell, distribute, or create derivative works based on the Sites, in any manner, nor use or exploit the Sites in any unauthorized way.

Any violations of the foregoing will constitute a material breach of the Agreement and may result in termination of this Agreement or suspension or termination of your account or access to the Sites.

Screenax and you agree, in fulfilling each party’s respective obligations under these Terms, to comply with all applicable data privacy legislation and with the terms of our Privacy Policy, which describes how we collect, use, and safeguard your personal information.

In no event shall Screenax, Screenax’s suppliers, or other third parties mentioned on the Sites be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Sites, the Site’s contents, or any websites linked to the Sites, whether based on warranty, contract, tort, or any other legal theory and whether or not Screenax has been advised of the possibility of such loss or damages.

All Intellectual Property Rights to the Sites’ contents (including the information, computer code, graphical design, images, software, company names, and trademarks) belong to Screenax or third parties. Any use, copying, or distribution of the contents of the Sites is prohibited except as specifically permitted herein or by applicable law.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Screenax, Screenax’s affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from your use of the Sites.

For purposes of this Agreement, neither party is an agent of the other, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other. Each party is an independent contractor with respect to the other and neither party shall have the power or authority to bind the other party to any contract or obligation.

These Terms apply only to our Sites. The Sites may contain links to third-party websites, products, and services, that are not operated or controlled by us. These third-party websites and services have separate and independent privacy policies, which we encourage you to read. The policies and procedures we described here do not apply to the third-party websites, and we have no responsibility or liability for the content and activities of such linked sites. However, we want to protect the integrity of our Sites and thus welcome any feedback you may have about third-party sites we link to.

No delay or failure in exercising any right hereunder, and no partial or single exercise thereof, shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of these Terms shall constitute a consent to any prior or subsequent breach.

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.

We are not liable or deemed to be in default for any delay or failure in performance hereunder to the extent resulting from causes beyond our reasonable control, including the acts or omissions of third parties, the acts or omissions of the other party, or any delay or failure of the other party to fulfill such party’s obligations hereunder, acts of God, terrorism, war, pandemics, epidemics, civil insurrection, strikes or other organized labor interruption, communications, mechanical, electronic, Internet, or other utility interruptions or failures, including denial of service and other cyber-attacks or unauthorized or malicious data or system intrusions, including computer viruses or other malicious code, fire, explosions, floods or other natural disasters, or any similar cause.

You agree to comply with all applicable U.S. laws and regulations, including all export and import laws and regulations. You agree that any dispute between you and Screenax arising out of or relating to these Terms of Service, the Sites, or any other Screenax products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: Except as otherwise required by applicable law, the Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Illinois without regard to the conflict of laws principles of any jurisdiction.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Screenax, you agree to try to resolve any such Disputes informally by contacting contact@screenax.com. If a dispute is not resolved within fifteen (15) business days after submission, you or Screenax may bring a formal proceeding.

The Parties Agree to Arbitrate: You and Screenax agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting contact@screenax.com within thirty (30) days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Cook County, Illinois, or any other location we mutually agree to.

Exceptions to Agreement to Arbitrate: Either you or Screenax may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Sites, or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions: You may only resolve Disputes with Screenax on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.

Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Screenax agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Cook County, Illinois. Both you and Screenax consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Screenax products or the Sites must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

If you have any questions or concerns about these Terms, please contact us at:

Email:contact@screenax.com

Mailing Address:

Screenax Inc.
3205 N Wilke Rd Suite 103A,
Arlington Heights, IL 60004
United States of America