Logan Registration Service Agreement Last Updated: JUNE 2007
THANK YOU FOR CHOOSING LOGAN REGISTRATION!
1. What the Contract Covers.
This is a contract between you and the Logan Registration Service Inc. referenced in section 21. Sometimes Logan Registration Service is referred to as “Logan Registration” “we,” “us” or “our”. This contract applies to any Logan Registration products, software, or services, including updates that you use while this contract is in force. All of the products, software, or services are referred to in this contract as the “service.”
Please note that we do not provide warranties for the service. The contract also limits our liability and makes clear your responsibilities for information obtained from this site. These terms are in section 8, 12, and 13 we ask you to read them carefully.
For questions or additional information regarding Logan Registration’s policies, procedures, and pricing may also be found on our web site at http://www.loganreg.com or by contacting us directly at (916) 457-5787
2. When You May Use the Service.
You may start using the service as soon as you have completed the sign-up process. No withdrawal right or other “cooling off” period applies to the service and you waive any applicable “cooling off” period, except if the law requires a “cooling off” period despite your waiver and even when a service starts right away.
3. How You May Use the Service.
In using the service, you will:
obey the law;
obey any codes of conduct or other notices we provide;
keep your service account password secret;
maintain the strict confidentiality of information provided in accordance with Federal and State laws; and
promptly notify us if you learn of a security breach related to the service.
4. How You May Not Use the Service.
In using the service, you may not:
use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Logan parties”), or any customer of a Logan party;
use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
use any unauthorized third party software or service to access the Logan Service;
use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Logan, or “meta-searching”);
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
damage, disable, overburden, or impair the
service (or the network(s) connected to the service) or interfere with anyone’s
use and enjoyment of the service; or
resell or redistribute the service, or any part of the service.
5. You Are Responsible For Your Service Account.
Only you may use your service account. For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an “authorized” account user). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf.
6. If You Are an Authorized Account User.
Each user of the service must be authorized by Logan Registration and MAY NOT share usernames or passwords with anyone under any circumstances. If you are the user of an authorized account, then the holder of the service account has full control over your authorized use account. This control includes the right to end the service, close or alter your authorized user account at any time, and, in some cases, to request and receive machine and service use information related to your associated account.
7. If You Pay Logan Registration.
7.1 Charges. This section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access or other data transmission.
7.2 Payment. When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You may be required to pay service charges in advance. We may also charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.
7.3 Updates to Your Billing Account. You must keep all information in your billing account current, including your billing address and the expiration date of your credit card if used. You can access your billing account information by logging into your account at http//:www.loganreg.com. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
7.4 Prices and Price Increases. The price for the service excludes all fax charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (for example, Internet access charges).
We may change the price of the service from time to time.
If your service is on a per transaction basis with no specific time length, then we will tell you the date of any retroactive price changes and you agree to pay any retroactive per transaction price increases without prior notice from Logan Registration.
7.5 Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.
7.6 Online Statement; Errors. We will provide you with online billing information. Go to http:/loganreg.com and log into your account to view, print, or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online account. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
7.7 Canceling the service. You and may cancel the service at any time, with or without cause. Go to http://loganreg.com to obtain information on cancelling your service. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account. Logan Registration may cancel your service at any time without notice to you with or without cause.
7.8 Late Payments. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time.
7.9 Internet Access service. The service does not include Internet
access, and you are responsible for paying the fees charged by your Internet
access provider. Those fees are in addition to the fees you pay us for the
We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Logan Registration, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.
By using this service you acknowledge that information obtained through the service is sensitive in nature and disclosure is regulated by Federal and State laws. By using this service you certify that you will keep any and all information obtained through this web site and information service confidential in accordance with all Federal, State and local laws governed by your jurisdiction. You also acknowledge that breach of confidentiality is a serious criminal and civil matter and that you are solely responsible for management of information provided to you
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. We reserve all other rights to the software.
We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance, and further develop the service.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
10. Logan Registration Service Authentication.
We may provide you with a username and password authentication on our network to use with the service. This contract applies to you whenever you use the authentication you obtained with the service. When you use our network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. We may cancel or suspend your access to our network for inactivity, which we define as failing to sign in to our network for an extended period, as determined by us. If we cancel your username and password, your right to use our network immediately ceases.
11. How We May Change the Contract.
If we change this contract, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract.
12. WE MAKE NO WARRANTY.
We provide the service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the service. The Logan parties give no express warranties, guarantees, or conditions. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement.
13. LIABILITY LIMITATION.
You can recover from the Logan Registration parties only direct damages up to an amount equal to your service fee for one transaction. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental, or punitive damages.
This limitation applies to anything related to:
· the service,
· content (including code) on third party Internet sites, third party programs or third party conduct,
· viruses or other disabling features that affect your access to or use of the service,
· incompatibility between the service and other services, software and hardware,
· delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
· claims for breach of contract, breach of warranty, confidentiality, guarantee or condition, strict liability, negligence, or other tort.
It also applies even if:
· this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
· Logan Registration knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
14. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.
15. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.
17. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.
18. Claim Must Be Filed
Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.
19. Waiver and indemnity.
By using the service, you agree to indemnify and hold Logan Registration, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by Logan Registration as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Logan Registration, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of Logan Registration's conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
20. Your Notices to Us.
You may notify us via fax, email or the USPS as listed in the contact area of the Logan Registration web site at http://www.loganreg.com .
21. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:
· by e-mail at the e-mail address you specified when you signed up for your service;
· by access to a Logan Registration web site that will be designated in an e-mail notice sent to you at the time the information is available; or
· by access to a Logan Registration web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.
22. Contracting Party, Choice of Law and Location for Resolving Disputes. This contract is between you and the Logan Registration company. For resolving disputes with the Logan Registration company:
If you live or your business is located in United States then you are contracting with Logan Registration Service Inc., 151 N. Sunrise Ave, Suite 1002, Roseville, CA 95661, United States, and California state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Sacramento County, California, USA for all disputes arising out of or relating to this contract.
23. Copyright and Trademark Notices
All contents of the service are Copyright © 2007 Logan Registration Service Inc. and/or its suppliers all rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Any rights not expressly granted herein are reserved.
24. Third Party Account Information
By using the service, you authorize Logan Registration and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Logan Registration and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Logan Registration and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
25. Respect Copyright
Please respect the rights of artists and creators. Content such as software, music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You agree not share other people’s content unless you own the rights or have permission from the owner.
Specific customer support information can be found at http://www.loganreg.com/support.