Terms of Service
Last Updated on August 14, 2019
Lognostics LLC operates the website https://lognostics.com (the “Website”). The Website contains information and products relating to SaaS (software as a service).
The present Terms of Service (the “Terms of Service”) govern the terms upon which the Company offers, delivers and sells its products and software to users via the Website. These Terms of Service apply when you visit or otherwise use the Website
Under these Terms of Service, Lognostics LLC is referred to as the “Company” and users and visitors of the Website are collectively referred to as “you”, “your” and other similar expressions.
1. Acceptance of the Terms of Service
The present Terms of Service constitute a binding agreement between the Company and you, a user of the Website.
By accessing and/or using the Website, you assent and agree to these Terms of Service, and any document referenced herein including but not limited to the SaaS Agreement and the Privacy Policy, all of which will be deemed incorporated in these Terms of Service by reference.
If you do not agree with any provision in these Terms of Service, your sole recourse is to not use the Website.
2. Modifications to the Terms of Service
The Company reserves its right to modify or change these Terms of Service (the “Updated Terms”) from time to time, at its sole discretion.Unless the Company makes a change for legal or administrative reasons, the Company undertakes to provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by publishing the Updated Terms on the Website.
The Updated Terms will be effective as of the date of their publication on the Website, or at such later date as may be specified in the Updated Terms, and will be applicable and enforceable as of that date forward.
Your use of the Website after the effective date of the Updated Terms constitutes your acceptance and agreement to be bound by the Updated Terms. The Company encourages you to review these Terms of Service and any Updated Terms prior to using the Website.
3. User Accounts
To make purchases or to enter into transactions via the Website, you will must complete the registration process specified on the Website to create a user account. You agree to provide accurate, complete, current and thorough information as prompted by the applicable registration form.
You will be responsible for the user account you create, including your username and password. You agree to maintain the confidentiality of your username and password. You may not assign or otherwise transfer your user account to any third party, except with the Company’s explicit prior written approval.
You will also be responsible for all activities that occur under your user account, whether or not authorized by you.
If your password has been compromised or is at risk of a security breach, you are responsible for immediately changing your password and/or username.
The Company reserves its right to suspend or terminate any user account that the Company deems to constitute a threat or that is contrary to these Terms of Service.
4. Account Security
The Company implemented safety procedures to ensure the integrity and security of your personal information. Despite this, the Company cannot guarantee that your personal information will not be accessible to unauthorized third parties as the information is transmitted via the Internet. You acknowledge that your provision of personal information at your own risk.
5. License
The Company grants you a limited, non-exclusive, non-transferable license to access and use the Website for your personal and non-commercial use in accordance with these Terms of Service. Any other usage of the Website is strictly prohibited.
6. Intellectual Property Rights
The design, trademarks, service marks, logos and other intellectual property (collectively, the “IP”) are either owned or duly licensed by the Company, subject to all applicable laws pertaining to copyrights and intellectual property in the United States. All rights relating thereto are reserved.
The Company does not authorize any editing, reproduction, modification, or transmission of the IP on the Website to any third party without having obtained the Company’s prior specific written consent.
7. User Conduct
As a user of the Website, you may not engage in any unlawful use of the Website. You agree not to engage in any of the following prohibited activities involving the Website:
- Copying, distributing, or disclosing any part of the Website on any medium, including but not limited to any automated or non-automated “scraping”,
- Using any automated system, including but not limited to “robots,” “spiders,” and “offline readers,” to access the Website,
- Transmitting spam or other unsolicited material,
- Interfering with, or attempting to interfere with the Website’s security or integrity,
- Impersonating a person or otherwise misrepresenting your affiliation with a person or entity, or intentionally concealing or attempting to conceal your identity,
- Uploading viruses, worms or other harmful components on or via the Website,
- Collecting personal information about other users without having obtained the required consents or otherwise violating users’ privacy,
- Using the Website for purposes of commercial solicitation,
- Accessing any content on the Website through any technology or means that are not compatible or permitted by the Website,
- Violating any applicable legislation, including laws and regulations,
- Soliciting others to participate in unlawful acts, and
- Engaging in any conduct that violates these Terms of Service or that may give rise to liability.
8. User Content
You are authorized to publish and post content on the Website. This content may include texts, pictures and other postings.
If you elect to post content on the Website, you will be solely responsible for the content you post. You agree to post content that consists of your original work. If the content not your original work, you must secure all necessary permissions and consents prior to posting the content.
You will retain ownership rights to the content you post on the Website. By posting content on the Website, you hereby grant the Company a worldwide, perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable license to copy, reproduce, distribute, modify, edit, commercialize and otherwise use the content you post on the Website in connect with the Company’s business operations, for the Company’s promotional purposes or for any reason the Company deems necessary in any media format or using any media channel.
You may be held personally liable if the content you post on the Website violates any third party intellectual property or privacy right. The Company reserve its right to remove any content that violates applicable laws or is contrary to these Terms of Service.
By accessing and using the Website, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee the accuracy and integrity of any third party content or user-generated content on the Website. As such, the Company disclaims all liability related to third party content published on the Website.
9. Links to Third Party Websites
The Website may provide links to third party websites or applications. The links to third party websites or applications are provided for convenience and reference purposes only. Any use of the third party websites or applications is not subject to these Terms of Service. You agree to use such third party websites or applications at your own risk, to the Company’s exclusion.
You acknowledge and agree that the Company will not be responsible for the following:
- the availability or accuracy of third party websites or applications, and
- the content, products, or services available on such third party websites or applications.
You further acknowledge that any links to third party websites or applications on the Website should not interpreted as the Company’s endorsement of such third party websites or applications
10. Personal Information
For information regarding the Company’s collection, usage and sharing of your personal information, we invite you to read the Company’s Privacy Policy (published on the Website). The Company abides by the terms set forth in the Privacy Policy.
11. Copyrights
The Company respects all third party intellectual property rights and insists that users of the Website do the same.
You are encouraged to report any copyright infringement if you have reason to believe content on the Website infringes a valid and enforceable intellectual property right.
To report a perceived copyright infringement involving the Website, please provide the Company’s copyright agent with a written notice containing the following information as required under the Digital Millennium Copyright Act:
- a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf,
- proper identification or a link to the content that is subject to the copyright infringement claim,
- proper identification or a link to the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, or sufficiently detailed information to allow the Company to locate such material,
- your contact information, including your address, telephone number and email address,
- your written statement indicating that you have a good faith belief that the content in question infringes the right of the copyright owner, its agent or the law, and
- your written statement confirming that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Company undertakes to promptly respond and evaluate notices of alleged copyright infringements in connection with the Website.
12. Termination
The Company reserves its right to terminate your user account and/or access to the Website in the event of you breach these Terms of Service. The Company may also terminate or suspend your user account for any reason upon providing you with five (5) days prior written notice. The Company will not be liable for terminating or suspending a user account under any circumstances.
You may terminate your user account at any time by following the instructions provided on the Website.
Certain provisions of these Terms of Service, which are of an ongoing nature, will survive the termination of your user account. These provisions include but are not limited to intellectual property and limited liability.
13. Limited Liability and Disclaimers
The Website is provided on an “as is” without any warranties of any kind. To the fullest extent permitted by law, the Company disclaims all warranties in connection with the Website, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, suitability of content, and availability.
Further, the Company will not be responsible for any interruption of service and/or errors resulting from the usage of the Website.
The Company further declines all responsibility with respect to the Website, its transmissions and servers. The Company does not represent that the Website will be free of harmful components, including viruses. As a result, you agree that your usage of the Website is at your own risk and that the Company declines any and all liability related thereto, whether direct or indirect.
14. Severability
If any provision in these Terms of Service is deemed unenforceable or otherwise invalid, that particular provision will be severed from these Terms of Service. The remaining provisions of these Terms of Service will remain enforceable and valid.
15. Usage of the SaaS
To use or benefit from the Software as a Service (SaaS) offered on the Website, you will need to enter into a SaaS Agreement with the Company. This SaaS Agreement will govern the terms of use of the SaaS and specify your obligations with respect thereto. In case of any conflict between these Terms of Service and the SaaS Agreement, the SaaS Agreement will prevail.
16. Miscellaneous Provisions
These Terms of Service have been prepared in accordance with the laws of the State of California and the laws applicable in the United States.
17. Contact Information
The Company welcomes questions, comments and feedback regarding these Terms of Service. Please do not hesitate to communicate with the Company using the following coordinates:
LOGNOSTICS LLC
3400 Cottage Way, Suite G2 #1017
Sacramento, California 95825
Email Address: [email protected]