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Welcome to the LogiSail Web site (the "Site").
By using the Site, you agree to follow and be bound by the following
terms and conditions concerning your use of the Site ("Terms
of Use") and our Privacy Policy. We may revise the Terms of
Use and Privacy Policy at any time without notice to you.
Areas of the Site may have different terms of use posted. If there
is a conflict between the Terms of Use and terms of use posted for
a specific area of the Site, the latter shall have precedence with
respect to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject
to the following: (a) the Documents may be used solely for personal,
informational, non-commercial purposes; and (b) the Documents may
not be modified or altered in any way. Except where your use constitutes
"fair use" under copyright law, you may not otherwise
use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit or distribute any information from
this Web site in whole or in part without the express authorization
of LogiSail.
2. Use of Software
Any use of software and accompanying documentation you download
from the Site is subject to the terms of a software license agreement
between you and LogiSail. You must read the license agreement and
indicate your agreement to its terms prior to installing or using
the software. All rights, title and interest not expressly granted
are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, blog, wiki, letter to LogiSail, its webmaster
or employees, e-mail function, or other service in connection with
which You can upload, email, post, publish or otherwise transmit
content. You agree not to upload, email, post, publish or otherwise
transmit through a Forum any content that: (a) is false or misleading;
(b) is defamatory; (c) is harassing or invades another's privacy,
or promotes bigotry, racism, hatred or harm against any group or
individual; (d) is obscene; (e) infringes another's rights, including
but not limited to intellectual property rights; (f) constitutes
unsolicited bulk e-mail, "junk mail," "spam"
or chain letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only. You shall
not distribute or otherwise publish any content containing a solicitation
of funds, promotion, advertising, solicitation for goods or services,
or other commercial matter. You agree not to solicit other users
of the Site to use or join or become members of any commercial online
or offline service or other organization. Except where expressly
authorized by LogiSail, you agree not to collect or store personal
data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting
content to any Forum or submitting any content to LogiSail, you
automatically grant (or warrant that the owner of such rights has
expressly granted) LogiSail a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content on in any form, medium,
or technology now known or later developed. In addition, you warrant
that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s)
you are given to access the Site, and are fully responsible for
all activities that occur under your password(s). You agree to notify
LogiSail immediately of any unauthorized use of your password(s).
LogiSail is concerned about the security of personal information
we have collected from you and has taken reasonable steps to prevent
unauthorized access to that information.
5. Termination of Use
You agree that LogiSail may, in its sole discretion, at any time
terminate your access to the Site and any account(s) you may have
in connection with the Site. Access to the Site may be monitored
by LogiSail.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products
and services from third parties, including users, advertisers, affiliates
and sponsors of the Site. You agree that LogiSail is not responsible
for the availability of, and content provided on, third party Web
sites. You should refer to the policies posted by other Web sites
regarding privacy and other topics before you use them. You agree
that LogiSail is not responsible for third party content accessible
through the Site, including opinions, advice, statements and advertisements,
and understand that you bear all risks associated with the use of
such content. If you choose to purchase any products or services
from a third party, your relationship is directly with the third
party. You agree that LogiSail is not responsible for: (a) the quality
of third party products or services; and (b) fulfilling any of the
terms of your agreement with the seller, including delivery of products
or services and warranty obligations related to purchased products
or services. You agree that LogiSail is not responsible for any
loss or damage of any sort you may incur from dealing with any third
party.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED
ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. LOGISAIL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. LOGISAIL MAKES NO WARRANTY THAT: (A) THE SITE
WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED
THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK. LogiSail SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
LOGISAIL RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE
AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
IN NO EVENT SHALL LOGISAIL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR
USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless LogiSail, its officers,
directors, employees and agents from and against any and all claims,
liabilities, damages, losses or expenses, including reasonable attorneys'
fees and costs, arising out of or in any way connected with your
access to or use of the Site.
10. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content,
software, products or services provided on the Site in violation
of U.S. export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all export
laws and restrictions and regulations of any United States or foreign
agency or authority, and not to directly or indirectly provide or
otherwise make available the services and products of LogiSail in
violation of any such restrictions, laws or regulations, or without
all necessary approvals, including, without limitation, for the
development, design, manufacture or production of nuclear, chemical
or biological weapons of mass destruction. As applicable, you shall
obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to your own use of the services of
LogiSail outside the U.S. Neither the services of LogiSail nor the
underlying information or technology may be downloaded or otherwise
provided or made available, either directly or indirectly, (i) into
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other
country subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of such
countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department's
Table of Denial Orders. By agreeing to these Terms and Conditions
of Use, you agree to the foregoing and represents and warrants that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
11. Applicable Laws
All matters relating to your access to, and use of, the Site shall
be governed by U.S. federal law or the laws of the State of California.
Any legal action or proceeding relating to your access to, or use
of, the Site shall be instituted in a state or federal court in
San Francisco or San Mateo County, California. You and LogiSail
agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
12. Copyright/Trademark Information
Copyright © 2006, LogiSail. All rights reserved.
13. Contact Information
If you have any questions regarding these Terms of Use, please contact
LogiSail at CustomerCare@logisail.com.
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