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LOGYOURDATA.COM
SITE TERMS
May 2005
Welcome to
LOGYOURDATA.COM's Web site (the "Site"). These terms of use
("Site Terms") apply exclusively to your access to, and use
of, our Site so please read them carefully. They do not
alter in any way the terms or conditions of any other
written agreement you may have with us for other products or
services. By accessing our Site, you agree to the terms and
conditions of our then current Site Terms.
We reserve the
right to change or modify any of the terms and conditions
contained in the Site Terms or any policy or guideline of
the Site, at any time and in our sole discretion. If we
decide to change our Site Terms, we will post a new version
on our site and update the date. Therefore, we encourage you
to check the date of our Site Terms whenever you visit this
site to check if it has been updated. Any changes or
modification will be effective upon posting of the
revisions. Your use of this Site following the posting of
its changes or modifications will constitute your acceptance
of the revised Site Terms.
If you do not
agree to these Site Terms (including any referenced policies
or guidelines) as modified from time to time, please do not
access or otherwise use the services available from our
Site. If you have any question regarding the use of the
Site, please email us at
INFO@LOGYOURDATA.COM.
Copyright and License
All copyrighted
and copyrightable materials on this Site, including, without
limitation, the LOGYOURDATA.COM logo, design, text,
graphics, pictures, sound files and other files, and the
selection and arrangement ("Materials") thereof are ALL
RIGHTS RESERVED Copyright © 2005 LOGYOURDATA.COM, Inc.
and/or its licensors. Except as stated herein, none of the
Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of
LOGYOURDATA.COM or the respective copyright owner. Customers
may enter their own data into the website’s database. All
such information is the sole property of the customer, and
will not be shared with anyone.
You are granted
a limited, non-sublicenable right to access this Site and
print the Materials for your personal, non-commercial, and
informational use only. Such grant does NOT include the
right to and you may not:
- copy, publish, display, publicly perform, or distribute
any Materials, including reproduction on any computer
network or broadcast or publications media;
- resell or
make commercial use of the Site or its Materials;
-
systematically collect and use of any data or content
including the use of any data mining, robots, or similar
data gathering and extraction methods;
- make derivative uses of the Site and its Materials;
- use, frame or utilize framing techniques to enclose any
LOGYOURDATA.COM trademark, logo or other proprietary
information (including the images found at this Site, the
content of any text or the layout/design of any page or form
contained on a page).
Except for the limited license granted to you, you are
not conveyed any other right or license by implication,
estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of LOGYOURDATA.COM or any
third party. Any unauthorized use of this Site will
terminate the permission or license granted by these Site
Terms and may violate applicable law including copyright
laws, trademark laws (including trade dress), and
communications regulations and statutes.
Trademarks and Service Marks
LOGYOURDATA.COM, the LOGYOURDATA.COM logo, and the
products and services described in this Site, including
without limitation, are either trademarks, service marks or
registered trademarks of LOGYOURDATA.COM and its suppliers
and licensors, and may not be copied, imitated or used, in
whole or in part, without our prior written permission or
that of our suppliers or licensors. You may not use any meta
tags or any other "hidden text" utilizing a
LOGYOURDATA.COM's name, trademark, or product name without
our permission. In addition, all page headers, custom
graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of LOGYOURDATA.COM, and may
not be copied, imitated, or used, in whole or in part,
without our prior written permission. All other trademarks,
registered trademarks, product names and LOGYOURDATA.COM
names or logos mentioned herein are the property of their
respective owners.
Responsibility for Your Conduct
You shall remain solely liable for your conduct or any
information that you upload or transmit to this Site. You
agree to indemnify and hold harmless LOGYOURDATA.COM from
any claim, action, demand, loss, or damages (including
attorneys' fees) made or incurred by any third party arising
out of or relating to your conduct, your violation of these
Site Terms, or your violation of any rights of a third
party. You shall not provide false or misleading information
to this Site or submit information under false pretenses.
Without limiting anything else in these Site Terms,
LOGYOURDATA.COM may immediately terminate your access to and
use of the Site, without penalty and without notice to you,
if you provide false or misleading information or submit
information under false pretenses to this Site.
Linking
Third-Party Sites. We make no claim or
representation regarding, and accepts no responsibility for,
the quality, content, nature or reliability of sites
accessible by hyperlink from this Site, or sites linking to
this Site. The linked sites are not under the control of
LOGYOURDATA.COM and we cannot and are not responsible for
the content of any linked site or any link contained in a
linked site, or any review, changes or updates to such
sites. We are providing these links to you only as a
convenience, and the inclusion of any link does not imply
affiliation, endorsement, or adoption by us of the site or
any information contained therein. When leaving the Site,
you should be aware that our terms and policies no longer
govern, and, therefore, you should review the applicable
terms and policies, including privacy and data gathering
practices, of that site.
Submissions
You agree that any materials, including but not limited
to questions, comments, suggestions, ideas, plans, notes,
drawings, original or creative materials or other
information, provided by you in the form of e-mail or
submissions to LOGYOURDATA.COM, are non-confidential and we
shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use of these materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you.
Disclaimers
THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF
THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE
DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS
SITE, IS AT YOUR SOLE RISK. LOGYOURDATA.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE
INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON
THE SITE.
LOGYOURDATA.COM DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT, OR ERROR-FREE. LOGYOURDATA.COM IS NOT RESPONSIBLE
FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT, OR PHOTOGRAPHY. WHILE LOGYOURDATA.COM ATTEMPTS TO
ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE,
LOGYOURDATA.COM CANNOT AND DOES NOT REPRESENT OR WARRANT
THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
We reserve the right to change any and all content
contained on this Site at any time without notice. Reference
to any products, services, processes, or other information,
by trade name, trademark, manufacturer, supplier, or
otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
Data Backup
While LOGYOURDATA.COM does endeavor to protect the data
stored in its website by customers, LOGYOURDATA.COM makes no
warranty, and disclaims all liability of the possible loss
of data, either permanent or temporary. The customer agrees
that it is responsible for maintaining its own current
backup copy of customer’s data.
Limitation of Liability
IN NO EVENT SHALL LOGYOURDATA.COM BE LIABLE FOR ANY
DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS
OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS
CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Applicable Law and Venue
These terms and conditions shall be governed by and
construed in accordance with the laws of the State of
Florida, applicable to agreements made and entirely to be
performed within the State of Florida, without resort to its
conflict of law provisions. You agree that any action at law
or in equity arising out of or relating to these terms and
conditions shall be filed only in state or federal court
located in Clearwater, Florida, and you hereby irrevocably
and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.
General Terms
No waiver by LOGYOURDATA.COM, whether express or implied,
of any provision of these Site Terms shall constitute a
continuing waiver of such provision or a waiver of any other
provision of these Site Terms. Nor shall LOGYOURDATA.COM be
estopped from enforcing any provision of these Site Terms,
except by written instrument executed by LOGYOURDATA.COM.
Notwithstanding any of these terms and conditions, we
reserve the right, without notice and in its sole
discretion, to terminate your license to use the Site, and
to block or prevent future access to and use of the Site. If
any provision of these Site Terms shall be deemed unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions
and shall not affect the validity and enforceability of any
remaining provisions.
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