Customer Portal Terms & Conditions
Portal Terms & Conditions of Use
Carter voluntary provides a Customer Portal Website (a secure internet site, the “Website” or “Customer Website”) to Customers requesting such, to permit easy and secure access to track the status and repair reports of Carter, equipment, that the Customer has purchased from Carter, or for which Carter is an authorized repair facility. Carter has sole discretion to determine what equipment and documents can be viewed on the Website. If you are dissatisfied with any portion of the Website, or information, documents, or communications on the portal, or with any of these terms and conditions of use, your sole and exclusive remedy is to cease using the Website and the information, documents, or communications you obtained from the portal.
Carter may modify, suspend, discontinue or restrict the use of any portion of the Website, including the availability of any portion of the content at any time, to you, or blocking access to the Website to of some or all Customer users, without notice or liability.
Carter reserves the right to modify the terms, conditions, and notices under which the portal is offered. Your continued use of the Customer’s Portal after the posting of any amended terms and conditions shall constitute your agreement to be bound by any such changes.
Description of Service and Accuracy of Information
The Customer Portal Website provides authorized employees of Customer with access to displays on certain Carter equipment for the Customer’s account only. The information, documents, and communications through the website, are provided as a convenient resource to Customers and may be used for informational purposes only. The information contained on this site should NOT be used as a substitute for consultation with Carter representatives.
Acquisition of Access Credentials When the Customer Website is opened, a Customer Administrator is assigned who has the sole authorization to request new user credentials for the Website. The Customer Administrator will request access credentials for a new user from the Carter Reprehensive by providing name and cell phone information for the new user. The new user’s credentials will be provided to the Customer representative. This new user will then be entered into the Customer database as a credentialed user or a registered user.
Using the portal and its related services requires the use of a user identifier (USERID), and password. The user will have to confirm his identity using the access code sent to that user’s email address to achieve two factor authentication.
Use of Access Credentials
The confidentiality of the USERID, and password and account itself are the responsibility of each user, and the Customer. Any activities that occur under a users’ credentials are the sole responsibility of the user and the Customer. You agree to notify the Carter Representative and your Customer Representative immediately of any unauthorized use of the Customer’s ’Website, or your access credentials or other breach of security (such as data breach that may have involved user access credentials. The Customer Administrator is responsible for notifying their Carter Representative of any change to a users’ access credentials, such as a new email address or the need to revoke a users’ access. You have the responsibility of notifying your customer representative of any needed change in the access credentials, or of any breach of your access equipment (e.g., your cell phone has been compromised). The use of another user’s access credentials is expressly prohibited.
Carter is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Website using your username or password. You shall immediately notify the Carter Representative if any unauthorized use of your USERID or password and any breach of confidentiality. Until Carter receives this notification from you or your Customer Representative, you will be held liable for any harm ensuing from the use of your username on the Website.
Prohibited Use of the Website
You are prohibited from using the Website to damage, disable, or overburden Carter’s servers or network or impair the Portal or interfere with any other party’s use of the Portal. Hacking, password mining, or any other means to gain unauthorized access to the Portal Website, or other Portal accounts, computers, or network is prohibited. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law is also prohibited.
You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal.
You will not make illegal use of the Website for purposes which are illegal or for any purpose other than for the Customer’s account.
You will not gain access, or attempt to gain access to our computer system or any other computer systems, other than through the Portal to gain access only to the Webpage.
You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the Website.
Carter will fully cooperate with any law enforcement authorities or court order requesting or directing Carter to disclose the identity of anyone posting any such information and materials.
You may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of or the Website.
You may not modify the information posted by Carter on the Website. If you believe any information, or lack thereof is incorrect, please notify your Customer Representative.
Notwithstanding any existing legal or contractual obligations regarding confidentiality between you and Carter or Customer and Carter, you shall assure that all data, which comes into your possession through the use of the portal, is not transmitted to any unauthorized person.
In partial consideration of the opportunity to access the resources of the portal and Website, you agree to maintain the strict confidentiality of access of the portal and its data to you and your authorized employees and to indemnify and hold harmless the Firm and its officers, shareholders, and employees and their heirs, successors, and assigns from and against any and all claims, actions, demands, losses, damages, judgments, costs, and expenses, including without limitation, reasonable attorneys’ fees and liabilities of every kind that may arise from you or your employees’ use of the portal or because of violation of these terms and conditions of use.
We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems.
Availability /Security of the Portal and the Website
Carter will use its best commercial efforts to make the Customer Website secure from unauthorized access. Carter uses industry standard encryption on all communications between your device and the Portal server. The Website server operating system and applications software will be updated and virus-scanned regularly. However, you recognize that no completely secure system for electronic data transfer has yet been devised. CARTER MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EFFICACY OF THE SECURITY OF THE PORTAL AND WEBSITE AND CONTENT ON THE WEBSITE AND SHALL NEVER BE LIABLE FOR ANY CLAIMED ACTUAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OR ALLEGED BREACH OF SECURITY OF THE PORTAL OR THE WEBSITE.
The Website Information
Carter takes commercially reasonable efforts to ensure that the information provided on the Website is accurate, and each Website is updated daily. HOWEVER, CARTER DOES NOT REPRESENT OR WARRANT THAT ALL THE INFORMATION IS ACCURATE. IF THE USER HAS ANY CONCERNS ABOUT SPECIFIC INFORMATION ON THE SITE, OR NOT POSTED ON THE SITE, THE USER SHOULD CONTACT THEIR CARTER REPRESENTATIVE.
Carter takes commercially reasonable efforts to provide 24-hour daily availability of the Customer Portal Website. However, Carter makes no representation or warranty that 24-hour service will be available. Customer agrees and acknowledges that the Customer Portal Website will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures. CARTER SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE PORTAL OR THE WEBSITE. CARTER IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE OR FIBER NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL TO BE RECEIVED BY CARTER ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO YOUR COMPUTER OR PERIPHERALS RELATED TO DOWNLOADING ANY MATERIALS IN FROM THE CUSTOMER PORTAL AND WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARTER OR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF OR CORRUPTION OF DATA, OR FOR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR THE PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE FIRM OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATES DO NOT PERMIT THESE TYPES OF LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The content on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Carter, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Carter. Carter reserves all rights not expressly granted in. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Portal or Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Carter Portal or the Content therein. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Carter Portal and Website. Client agrees not to modify the software underlying the Client Portal or Website in any manner or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to the Portal.
Copyright and Trademark Policies
It is Carter’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, without limitation, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts to repeat infringers.
Icons, Logos, and Other Proprietary Material
The trademarks, logos, and service marks (collectively the “Trademarks") displayed are Carters. Nothing contained on the portal should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks displayed on the portal without the written permission of Carter. Your use of any of the Trademarks displayed on the portal or displayed on any content on the portal is strictly prohibited.
ACCESS TO THE CLIENT PORTAL AND ITS WEBSITE CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." CARTER DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF THE CUSTOMER PORTAL OR ITS WEBSITE CONTENT. CUSTOMER AND ITS USERS ASSUMES ALL RISK OF USE. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES OR UNINTERRUPTED. FIRM IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. THE FIRM HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS.
Limitation of Liability.
CARTER SHALL NOT BE LIABLE TO CUSTOMER OR ITS USERS OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED ARISING OUT OF THE USE OR THE INABILITY TO USE THE CUSTOMER PORTAL, EVEN IF CARTER OR THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Customer and it’s users release us and will indemnify, defend and hold harmless Carter, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in this Agreement; or (b) any and all third party claims arising out of or related to your violation of any third party right and all liabilities, assessments, losses, costs or damages to Customer’s and its users use or unauthorized use of the Portal or the Website, including without limitation your violation of any copyright, property or privacy right ( collectively, “Claims”). If any such Claim shall be brought against Carter, Carter shall notify Customer in writing and Customer shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Customer will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.
Term and Termination
This Agreement and the services contemplated by it may be terminated by either Carter or the Customer, with or without notice at any time. Carter may at any time terminate in whole or in part the Customer Portal without notice or liability.
The parties agree that any dispute between Customer and Carter relating to this Agreement, or the breach of it, shall, if negotiations and other discussions fail, be first submitted to mediation in accordance with the provisions of the Commercial Mediation Rules of the American Arbitration Association ("AAA") then in effect before resorting to arbitration. The parties agree to conduct the mediation in good faith and make reasonable efforts to resolve any dispute by mediation. Failure or refusal by either party to mediate shall not in any way affect any subsequent arbitration.
If the dispute is not resolved by mediation, the dispute shall be subject to binding arbitration under the Dispute Resolution Rules for Professional Accountancy and Related Service Disputes of the AAA, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrating shall be heard before one or more arbitrators selected in accordance with these rules. The parties agree to conduct the arbitration in New Orleans, Louisiana. or other mutually agreed upon location. The arbitrator may only award actual damages and may not award consequential, exemplary, or punitive damages. The prevailing party in any arbitration or litigation shall be entitled to recover from the other party reasonable attorney and expert witness fees, court costs, fees, and expenses of the AAA, as the case may be, incurred in the same, in addition to any other relief that may be awarded.
Notwithstanding the provisions of the immediately preceding paragraph, neither Customer or Carter shall be compelled to arbitrate any dispute between the parties which arises out of or is related to any Claim asserted against either party by a third party unless the third party (whether one or more) agrees to join the arbitration and can be compelled to join it.
Under no circumstances shall Carter be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from , arise out of or otherwise relate to your use of or inability to use the Customer’s Portal Website , or any website linked to the Website including but not limited to reliance by you on any information obtained from the Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered.
We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems, including use of metric tools, such as Google Analytics.
This Agreement constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.
If any portion of this Agreement is held by a court of competent jurisdiction or an arbitrator to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.
The failure by Carter to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns
This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carter without restriction.
Nothing in this Agreement is intended to or does create any type of joint venture, creditor-debtor, escrow, partnership or any employer/employee or fiduciary or franchise relationship between Customer, its users, and Carter.
This Agreement shall be construed and enforced according to the laws of the State of Louisiana applicable to agreements made and to be performed wholly within the State of Louisiana. You agree to submit to the exclusive jurisdiction of the courts located within the State of Louisiana, city of New Orleans to resolve any legal matter arising from these terms and conditions. Notwithstanding this, you agree that Carter shall still be entitled to apply in any jurisdiction for any necessary injunctive remedies.
By completing the site registration, you hereby acknowledge that you have read the Terms and Conditions portion of this document and that you agree to these terms and conditions. These Terms and Conditions may change, in which event, you will be required to accept the new Terms for continued use of the Carter Portal. This Agreement does not modify or affect any existing or future engagement letter or agreement between Customer and Carter. To the maximum extent permitted by applicable law, in no event shall Carter or its suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with your use or the performance of the portal, with the delay or inability to use the portal or related services, whether based in contract, tort, negligence, strict liability, or otherwise, even if the firm or its suppliers has been advised of the possibility of damages. Certain states do not permit these types of limitations, so the above limitations may not apply to you.
How To Contact Us. Any questions about these Terms should be addressed to email@example.com.
Revision Date: October 22, 2021