Website Terms of Use

Revision Effective: 07-01-2011



Agreement


Welcome to FaxLogic.com, a website (hereinafter referred to as “Website”) operated by FaxLogic, LLC, (hereinafter referred to as FaxLogic). Please read this Terms of Use Agreement carefully before using this Website. By accessing and using this Website, you (hereinafter referred to as “Visitor”) accept and agree to comply with all of the terms and conditions set forth herein this Terms of Use Agreement and any associated policies, guidelines and agreements hereto, which are incorporated herein by reference (hereinafter collectively referred to as “Terms”). These Terms may be amended or revised from time to time. Notice of any such amendments or revisions shall be deemed given and effective when posted to this Website. With each instance of access and use of this Website, Visitor accepts and agrees to comply with all of the terms and conditions set forth herein these Terms as it exists at the time of such access and use. Any Visitor who does not accept and agree to comply with all of these Terms is directed to immediately discontinue accessing and using this Website.



1. Visitor Warranties


By accessing or using this Website, Visitor warrants that they are at least thirteen (13) years of age. Visitors who are at least thirteen (13) years of age but under the age of legal majority in the country, state or province of residence may only access and use this Website with legal parental or guardian consent. Accordingly, Visitor warrants that they are the age of legal majority in the country, state or province of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth herein these Terms; otherwise, Visitor is directed to immediately discontinue accessing and using this Website.


2. Visitor Location


FaxLogic provides this Website for use by Visitors located within the United States of America (hereinafter referred to as “USA”). FaxLogic makes no representation that all products, services and/or material described on this Website are appropriate or available for use in locations outside the USA. Those who choose to access and use this Website from locations outside the USA do so on their own initiative and are responsible for compliance with local laws. FaxLogic may, at its sole election and not its obligation, provide services and operate websites in various other countries throughout the world, some of which may be linked to from this Website. Any such international websites will be governed by their own terms of use agreements and privacy policies and not by these Terms.


3. Other Agreements


Purchases, subscriptions and use of services through this Website are governed by the Terms of Service Agreement, its addendums and other policies, guidelines and agreements set forth elsewhere on this Website (hereinafter collectively referred to as “TOSA”). These Terms do not alter in any way the terms and conditions of the TOSA and in any instance of conflict between these Terms and the TOSA, the TOSA shall govern such instances of conflict.


4. Access and Use


Visitor may view and print pages from this Website solely for personal, non-commercial purposes. All other use is prohibited. Visitor agrees to comply with all copyright notices, trademark legends and other rights notices. Visitor may not use, print, display, distribute, reproduce or publish anything contained herein this Website in any manner for any purpose without prior written authorization from FaxLogic, except as specifically provided herein these Terms. Visitor shall not take any of the following actions with respect to this Website, nor post, upload, e-mail, distribute, transmit, link, solicit or otherwise make available any content or use this Website in any manner that:


a) is unlawful, harmful to minors, threatening, abusive, harassing, slanderous, defamatory, vulgar, obscene, pornographic, indecent, lewd, libelous, profane, hateful, racially or ethically objectionable or otherwise deemed objectionable by FaxLogic in its sole discretion, including any material that encourages conduct that would violate applicable laws or these Terms;

b) violates any applicable law or any third party's intellectual property or other proprietary rights;

c) disrupts, interferes or inhibits others from accessing or using this Website or other affiliated or linked websites, material, content, products and/or services;

d) is off-topic according to the description of the group, forum or webpage;

e) advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law;

f) is deceptive in any way, including without limitation the impersonation of any person or entity and the creation of a false identity or affiliation with a person or entity;

g) uses this Website's domain name (faxlogic.com) as a pseudonymous return email address;

h) reproduces, duplicates, copies, sells, trades, resells, exploits or makes derivative use, in a manner inconsistent with these Terms, any portion of this Website;

i) contains unauthorized advertising, junk or bulk e-mail (SPAM), charity requests, petition for signatures, chain letters or letters relating to a pyramid scheme, or any other unsolicited commercial communication;

j) uses any robot, spider, or other such programmatic or automatic device to data-mine, obtain information from, or otherwise monitor or copy any portion of this Website;

k) contains software viruses, worms, time bombs, corrupted files, Trojan Horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of this Website or any software, hardware, network, server or communications systems or equipment;

l) uses frames or framing techniques to enclose any portion of this Website (including the images found on this Website or any text or the layout/design of any page or form contained on a page); and/or

m) modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate this Website. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of this Website to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Website's underlying technology.

In connection with the prohibited uses of this Website set forth herein this Section, FaxLogic reserves the right, but does not assume the obligation, to restrict, suspend or terminate Visitor's use of this WebSite, and/or suspend or terminate FaxLogic Services (as described in the TOSA) if Visitor is also a Subscriber (as defined in the TOSA) should FaxLogic reasonably determine Visitor conduct may:


i) expose FaxLogic to sanctions, prosecution, civil action or other liability;

ii) cause harm to or interfere with the integrity or normal operations of this Website;

iii) interfere with access to or use of this Website by others;

iv) violate any applicable laws or regulations;

v) present an imminent risk of harm to FaxLogic, its Subscribers or any other Visitors; or

vi) otherwise breach any of these Terms.


5. Visitor Content Submission


Certain portions of this Website allow Visitor to post or upload comments, messages, materials, information, or other content (hereinafter collectively referred to as “Visitor Content”). FaxLogic shall have no obligation to review posted or submitted Visitor Content. FaxLogic shall not be in any manner responsible for Visitor Content, does not guarantee the accuracy, integrity or quality of Visitor Content, and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Visitor Content will not appear on this Website. Without limiting the foregoing, Visitor acknowledges and agrees that the information, materials and opinions expressed or included in any Visitor Content are not necessarily those of FaxLogic.

FaxLogic reserves the right, but does not assume the obligation, to monitor Visitor Content posted to this Website in its sole discretion. In addition, FaxLogic reserves the right to alter, edit, refuse to post, or remove any such Visitor Content, in whole or in part, for any reason or for no reason, and to disclose such Visitor Content and the circumstances surrounding their transmission to any third party. Visitor agrees that FaxLogic does not have any obligation to use or respond to any Visitor Content.

Visitor shall not post or otherwise distribute Visitor Content to this Website which FaxLogic in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, illegal, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other FaxLogic rights, or otherwise objectionable to FaxLogic. Visitor may not upload commercial content on this Website or use this Website to solicit others to join or become members of any other commercial online service or other organization. Visitor may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute Visitor Content to this web site. Visitor shall indemnify and hold FaxLogic harmless with respect to all claims resulting from Visitor Content.

Visitor Content shall not be confidential or proprietary. Visitor authorizes FaxLogic to make such copies of its Visitor Content as it deems necessary in order to facilitate the posting and storage of the Visitor Content on this Website. Visitor grants FaxLogic a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right to use, reproduce, distribute, transmit, create derivative works, publicly display or publish any Visitor Content in any manner or media now existing or hereafter developed, including but not limited to the right to sublicense and assign and commercialize the Visitor Content without any compensation whatsoever. Visitor agrees and accepts that it shall have no recourse against FaxLogic for any alleged or actual infringement or misappropriation of any proprietary right in Visitor Content and that the submission of any Visitor Content to this Website, including the posting of Visitor Content to any forum or interactive area on this Website, irrevocably waives any and all "moral rights" in such Visitor Content. Visitor warrants that they own or otherwise control all of the rights to the Visitor Content, that the Visitor Content is accurate and, that use of same does not violate these Terms.

Visitor shall immediately notify FaxLogic in writing of any objectionable content appearing on this Website. FaxLogic will make good faith efforts to investigate allegations that any Visitor Content violates these Terms but (i) makes no warranty that it will edit, remove, or continue to permit the display of any specific Visitor Content, whether or not subject to such allegations, and (ii) will have no liability whatsoever for screening, editing, removing, or continuing to permit the display of any Visitor Content. Any use of any content on this Website, including without limitation Visitor Content, shall be at Visitor's own risk.


6. Website Content


FaxLogic strives to provide accurate information through this Website, but does not guarantee that the information, graphic depictions, product and service descriptions or other content of the Website is accurate, complete, reliable, updated, current, or error-free. In the event FaxLogic determines that any information contained herein this Website is inaccurate, FaxLogic reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the inaccuracy or error.

FaxLogic does not control or endorse any third-party information, products, or services on this Website or accessible through this Website. FaxLogic shall not be responsible for examining or evaluating, and FaxLogic does not warrant the offerings of, any of these third party businesses or individuals or the content of their websites. FaxLogic shall not assume any responsibility or liability for the actions, products, and content of all these and any other third parties.

This Website may contain links to other websites not operated by FaxLogic. The links are provided for Visitor convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by FaxLogic of those websites or the contents therein. FaxLogic shall not be responsible for the contents, links or privacy of any linked website. Access to any other websites linked to this Website is at Visitor's own risk. When leaving this Website, Visitor should carefully review all applicable terms, conditions and agreements, as well as all applicable policies, including privacy and data gathering practices, of such third-party website.


7. Website Security


FaxLogic shall use reasonable precautions to protect the privacy of Visitor's personal information, however, FaxLogic does not guarantee the security of Visitor information. FaxLogic utilizes a Secure Sockets Layer (SSL) connection to protect Visitor information. Accordingly, Visitor credit card and other ordering information is encrypted using the SSL connection and prevents reading in an intelligible form as it travels to FaxLogic networks and systems.


8. Copyrights, Trademarks and Service Marks


The text, information, data, software (including source code and object code), photographs (and other images), graphs, charts, tables, videos, graphics (including custom graphics), music, sounds, page headers, button icons, and other materials contained in this Website are protected by copyrights, trademarks, trade secrets and other proprietary rights. These rights are valid and protected in all forms, media and technologies now existing or hereafter developed. In addition, this Website is copyrighted under the U.S. and any other applicable copyright laws.

Trademarks that are used or displayed on this Website are owned by FaxLogic or by third parties other than FaxLogic that offer or provide products and services through this Website or other websites. The trademarks of FaxLogic may not be copied or used, in whole, partial or modified form, without the prior written permission of FaxLogic. In addition, FaxLogic custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right laws, and may not be copied, imitated, or used, in whole, in part or in modified form, without the prior written permission of FaxLogic. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FaxLogic.


9. Copyright Complaints


The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If Visitor believes in good faith that there are materials hosted by FaxLogic that infringe Visitor copyright, then Visitor or Visitor's agent may send FaxLogic a notice requesting that the material be removed or that access to such material be blocked. Pursuant to Title 17, United States Code, Section 512(c)(2),notifications of claimed copyright infringement should be sent to the FaxLogic Copyright Agent (as listed below) and must include the following information:


a) A physical or electronic signature (i.e. of a person authorized to act on behalf of the copyright owner) of an exclusive right that allegedly is being infringed;

b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on this web site are covered by a single notification, a representative list of the copyrighted works on the web site that are claimed to have been infringed;

c) Identification of the material which is claimed to be infringing (or to be the subject of infringing activity) and which the complaining party seeks to have be removed or to which the complaining party seeks to have access disabled, and information reasonably sufficient to permit FaxLogic to locate the material on this Website;

d) The proper name, address and telephone number at which the complaining party may be contacted;

e) A statement that the complaining party possesses a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that allegedly is being infringed.


The FaxLogic Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

FaxLogic, LLC
Manager of Copyright Infringement
15950 Dallas Parkway, Suite 400
Dallas, Texas 75248


If Visitor believes in good faith that a notice of copyright infringement has been wrongly filed against them by a third party, then the DMCA permits Visitor to send FaxLogic a counter-notice. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for the current version of the DMCA. All notices and counter-notices should be sent to the FaxLogic Copyright Agent listed herein. Any notices or counter-notices sent elsewhere will not receive a response.


10. Limitation of Liability


NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, NEITHER FAXLOGIC NOR ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE 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 WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THIS WEBSITE; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS WEBSITE OR THE CONTENT, MATERIALS OR INFORMATION ON OR AVAILABLE THROUGH THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF VISITOR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; (v) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vi) ANY OTHER MATTER RELATING TO THIS WEBSITE, EVEN IF FAXLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND EXCLUSIVE REMEDY FOR VISITOR DISSATISFACTION WITH THIS WEBSITE IS TO DISCONTINUE ACCESSING AND USING THIS WEBSITE.

SOME OF THE DISCLAIMERS, EXCLUSIONS, LIMITATIONS OF LIABILITY, IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES IN THESE TERMS MAY NOT APPLY TO CERTAIN VISITORS WHERE THEY ARE DEEMED UNLAWFUL BY LOCAL JURISDICTION. IN ANY SUCH CASE, THE LIABILITY OF FAXLOGIC SHALL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW AND THE AGGREGATE LIABILITY OF FAXLOGIC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED IF PERMISSIBLE BY LAW SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD).


11. Miscellaneous



a) No Waiver of Rights
Any failure of FaxLogic to exercise or enforce any rights available to FaxLogic under these Terms shall not constitute a waiver of the rights, and any exercise or enforcement of any FaxLogic rights are made in its sole discretion.

b) Suspension of Service
FaxLogic reserves the right to suspend service or deny access to this Website for any reason. Neither such termination of access, nor any action or any inaction by Visitor shall suspend or terminate Visitor obligations under these Terms.

c) Severability
If any provision or any portion thereof is held to be invalid unenforceable, all other remaining portions of such provisions and all other provisions herein these Terms shall remain valid and enforceable.

d) Governing Law
These Terms have been made in and will be construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. By accessing and using this Website, Visitor consents to the exclusive jurisdiction of the state and federal courts in Texas, in all disputes arising out of or relating to these Terms and Visitor access and use of this Website. Any cause of action or claim Visitor has with respect to these Terms must be brought within one (1) year after the alleged claim or cause of action arises.


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© 2013 FaxLogic, LLC. All rights reserved.
15950 Dallas Parkway · Suite 400 · Dallas, Texas 75248
+1 (972) 664-3800 Phone
+1 (972) 664-3801 Fax