Terms of Service
HOG[SCAN] Terms of Service
About HOG[SCAN]
HOG[SCAN] is a subscription based Software Service (SaaS) available only to chartered H.O.G.® Chapters. HOG[SCAN] provides subscribing H.O.G. Chapters (the “Chapter”) with a collection of managed, hosted, internet based software tools, including website content management, membership management, event management, email campaign management, SMS messaging, and reporting features. The Chapter website, tools, features, and related services are referred to collectively throughout these Terms as the “Services”.
Wherever used in these Terms, “you”, “your” or similar terms means the Chapter representatives accessing the Services.
By using the Services, you are agreeing on behalf of the Chapter, to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may cancel your subscription by sending a cancelation request to [email protected].
The materials contained in this website and the Chapter websites may be protected by applicable copyright and trademark law.
1. Terms
HOG[SCAN] is offered on a Monthly or Annual subscription basis and renews automatically at the end of each subscription cycle. The recurring cost of an active subscription is fixed and grandfathered at the rate set when the Chapter begins the subscription. All new subscriptions require a one-time setup fee of $300.
Services will be suspended for subscriptions more than 30 days past due, but will be reinstated if the account is brought up to date. Subscriptions more than 90 days past due will be canceled, and stored Chapter data including backups will be deleted.
2. Taxes
HOG[SCAN] is an Oregon based company, and has no physical presence in any other state. As an Oregon company, HOG[SCAN] is not required to, and does not charge or remit any sales tax. The Chapter is responsible for any local sales tax that may be required.
3. Use License
During the term of the subscription, the Chapter is granted permission to use the services provided by HOG[SCAN]. This is a grant of license, not a transfer of title, and under this license, you may not:
- Attempt to decompile or reverse engineer any software provided.
- Attempt to circumvent any technological data protection or security measures.
- Remove or hide any privacy policy or trademark notifications.
- Create or publish content that violates local, state or federal law.
This license shall automatically terminate if you violate any of these restrictions.
4. Sponsoring Dealership Oversight
The Sponsoring Dealer Principal of the Chapter, or their designated Chapter Manager, shall have oversight authority over use and access to the Services regardless of the subscription account holder or creator. HOG[SCAN] will verify and respond to Dealer requests for account or content changes, including granting or revoking user permissions, removing Chapter website content, or canceling accounts. Sponsoring dealers can contact [email protected] for assistance.
5. Chapter Domain Name
Unless covered by the Optional Professional Services provisions of these terms, the Chapter is responsible for acquiring and maintaining ownership their own “Domain Name”. HOG[SCAN] requires the Chapter to have access to the Domain Name Registrar (GoDaddy or similar service) is so that the Name Servers can be assigned to HOG[SCAN] resources.
6. Chapter Websites
HOG[SCAN] provides a hosted website and content management features for use by the subscribing Chapter. HOG[SCAN] is not responsible for any content created or published by the Chapter. The Chapter is responsible for any local, state or federal violations incurred by content published to the Chapter website, including any copyright infringement issues. The Chapter is also responsible for any violations of H.O.G. rules or policies detailed in the H.O.G. Chapter Charter, and H.O.G. Chapter Handbook. The Chapter is licensed by the H.O.G. Chapter Charter to use the approved H.O.G. logos and trademarks, but any other trademarks owned by Harley-Davidson®, including the “Bar and Shield” logo are prohibited.
HOG[SCAN] provides features that allow the Chapter Webmaster(s) to dramatically alter the appearance and functionality of the Chapter website. A development (sandbox) version of the Chapter Website is made available for experimental changes by the Chapter. HOG[SCAN] is not responsible for any damage to the Chapter website as a result in the misuse of these features.
7. Chapter Email Campaigns
HOG[SCAN] provides an email campaign management and email list integration. By using the email campaign services, you agree to the following limitations:
- You may only send email campaigns to Chapter Members who have opted-in by providing their email address within their profile settings, or provided their email address on the official Chapter Membership Enrollment Form and Release.
- You may not import or send email to any purchased, rented or third party lists.
- Your email must include a clear and conspicuous unsubscribe link, which is provided in the default templates.
- You must honor opt-out requests promptly (no later than 10 business days after receiving the request)
- You are responsible for following the communication policies detailed in the H.O.G. Chapter Charter and Chapter Handbook.
8. Updates to the Services
HOG[SCAN] performs all available security updates promptly. You acknowledge and agree that HOG[SCAN] may from time to time apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content).
9. HOG[SCAN] Smartphone Application
Currently, the optional HOG[SCAN] smartphone application is outside of the scope of these terms, but will be covered in a future update or supplement.
10. Backups
HOG[SCAN] manages database backups for the Chapter. Daily backups of the website database are stored for 90 days. Only listed Chapter Webmaster(s), Primary Officers, or the Chapter Manager / Dealer can request database restoration from backup.
11. Optional Professional Services
The Services are provided on an “as is” basis. However, if the customizations available are insufficient, or if the Chapter lacks the resources to implement desired changes using the available features, optional Professional Services are available for additional cost based on the scope of the changes. Any Professional Services purchased become part of the Services for the Chapter for the lifetime of the subscription.
12. Disclaimer
The software provided by HOG[SCAN] is on an “as is” basis. Other than as detailed in this agreement, HOG[SCAN] makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
13. Limitations
In no event shall HOG[SCAN], its vendors, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use, misuse, or inability to use the HOG[SCAN] services, even if HOG[SCAN] or a HOG[SCAN] authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
14. Modifications
HOG[SCAN] may revise these terms of service at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Chapter specific modifications to these terms are permitted provided that both HOG[SCAN] and the Chapter agree to a written amendment of the terms.
15. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Oregon and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
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