Welcome to LogonFixIt!
LogonFixIt, Inc. (“LogonFixIt”, “we” or “us”) provides the LogonFixIt website (the “Site”) through which technical support LogOnFixIt.Com™ and enthusiasts can join an online community to share information, teach others, and expand your and their knowledge bases regarding technical support (“Support Services”). In addition, as a certified LogonFixIt LogonFixIt technician, (defined below), you will be able to provide LogonFixIt technician Services (defined below) to LogonFixIt Customers (defined below). Please read the following terms and conditions carefully. This Member Service Agreement (“Agreement”) is a legal agreement between you and LogonFixIt and applies to you whether you are a certified LogonFixIt technician or a non-certified user who is a registered member of LogonFixIt but has not been certified as an LogonFixIt technician (“Non-Certified Users”) (collectively, “LogonFixIt Members”). An individual who has gone though our application process and been certified as an expert by LogonFixIt is a LogonFixIt certified “LogonFixIt technician”.
As an LogonFixIt technician, your provision of LogonFixIt technician Services is governed by the policies, terms and conditions below. As an LogonFixIt technician you will be able to create listings and provide LogonFixIt technician Services to those persons who contact you and partake of your services via the Site or in home visits (“Customers”).
For convenience, we refer to any desktop sharing session or other communications you have via the Internet or telephone with Customers as
“GoToSupport” and we refer to any technical support services you may provide to Customers, including GoToSupport and your listings on the Site as “LogonFixIt technician Services.”
This Agreement limits LogonFixIt’s liability and obligations to you and allows LogonFixIt to change, suspend or terminate your access to and use of the Site and your LogonFixIt account. We urge you to carefully read the terms and conditions of this Agreement and all policies referenced herein or elsewhere on the Site which are incorporated herein by reference and form part of this Agreement.
YOU UNDERSTAND THAT BY CLICKING THE “AGREE & JOIN” BUTTON, BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SUPPORT SERVICES OR YOUR LOGONFIXIT ACCOUNT, BY HAVING ANY FORM OF COMMUNICATION WITH A CUSTOMER OR BY POSTING ANY LISTINGS ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SUPPORT SERVICES OR PROVIDE EXPERT SERVICES.
| 1. |
Limitations on Service
To be a LogonFixIt Member, use the Site and have a LogonFixIt account you must be at least 18 years old. LogonFixIt acts only as an interface to facilitate communications between LogOnFixIt.Com™ and Customers and collect payments from Customers on behalf of LogOnFixIt.Com™ and LogonFixIt is not a party to any relationship or separate agreement entered into between Customers and LogOnFixIt.Com™ and disclaims any and all liability relating thereto. Members are not employees, agents or contractors of LogonFixIt. The Site and access to a LogonFixIt account are not available to temporarily or indefinitely suspended Members. |
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| 2. |
LogonFixIt Accounts and Use of the Site |
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a. |
When you register with LogonFixIt and set up your account, you must: |
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(i) |
provide LogonFixIt with accurate and complete information, including without limitation, your name, address, telephone number, a valid credit card number and any other necessary account information; and |
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update your account information with any new information within thirty (30) days of changes to such information. |
Further, you will not use false identities or impersonate any other person or use a name that you are not authorized to use. We encourage you to read our Privacy Policy www.logonfixit.com/legal.htm#2 for information about our policies and procedures regarding the collection, use and disclosure of personal information we receive from LogonFixIt Members. |
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b. |
You are responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding account information. You agree not to disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your LogonFixIt account, whether or not you have authorized such activities or actions. You agree to notify LogonFixIt of any unauthorized use of your LogonFixIt account or any other breach of security within (24) twenty-four hours of such use being known to you. In the event that your username or password is stolen, please notify LogonFixIt immediately so that a new username or password can be created. Please also use the “password reminder” process made available at the log-in page. |
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c. |
You agree that: |
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(i) |
you will not permit, enable, introduce or facilitate persons who do not have a LogonFixIt account to have access to or use of the Site and |
| (ii) |
if you are an LogonFixIt technician you will not permit, enable, introduce or facilitate other persons to participate in providing LogonFixIt technician Services from your LogonFixIt account. |
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| 3. |
Transaction Fees and Billing |
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LogonFixIts Payment Policy is available on the Site, and is incorporated into this Agreement by reference. |
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| 4. |
Termination or Suspension of the Site & Modification of the Agreement |
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a. |
LogonFixIt reserves the right in its sole discretion to modify, discontinue or terminate the Site or Support Services or to modify or terminate this Agreement at any time without advance notice If we modify the terms of this Agreement (or any policies incorporated herein) we will provide LogOnFixIt.Com™ with at least fourteen (14) days notice of the new terms by emailing LogOnFixIt.Com™. If any modification is not acceptable to you, your only recourse is to cease using the Site, Support Services and/or providing LogonFixIt technician Services. Your use of the Site, Support Services and/ or providing any LogonFixIt technician Services after we have provided such notice will represent your acceptance of the new terms. |
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b. |
Without limiting other remedies, LogonFixIt may at any time suspend or terminate your LogonFixIt account and refuse to provide access to the Site or Support Services and suspend your ability to provide LogonFixIt technician Services without reason or notice to you. Such termination or suspension amounts to a termination of this Agreement by LogonFixIt. In addition, LogonFixIt may notify authorities or take any actions it deems appropriate without notice to you:
(i) |
if LogonFixIt suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by LogonFixIt; or |
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if LogonFixIt suspects that your actions may be illegal or cause liability, harm or disruption for you, Customers, LogonFixIt, other LogonFixIt Members, the Site or any other third parties. In the event that LogonFixIt discontinues the Site or your access to the Site and ability to provide LogonFixIt technician Services, if LogonFixIt owes you any fees, subject to the terms of this Agreement, such fees will be remitted to you by LogonFixIt. |
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c. |
You may cancel your LogonFixIt account at anytime for any reason. To request a cancellation, please fill out our Feedback Form and choose "Close my account" as your "type of feedback" per the instructions on the form. Any account cancellation request will be handled within fifteen (15) days of receipt of such a request by LogonFixIt. Upon termination or cancellation of an account, your right to use such account and provide LogonFixIt technician Services ceases immediately. The following provisions will survive any termination of this Agreement or suspension or cancellation of your account: 2, 5(c), 6, 7, 8, 9, 10, 11, 13 through 18, 20. |
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| 5. |
Interaction with LogonFixIt Members
LogonFixIt provides the Site and Support Services as a medium for LogonFixIt Members to network, share information and discuss technical support. You are solely responsible for your interactions (including any disputes) with other LogonFixIt Members. You understand that LogonFixIt does not in any way screen LogonFixIt Members or review or police statements made by LogonFixIt Members in their Member Submissions (defined below), or the Member Submissions in general. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Support Services and disclosing personal information to other LogonFixIt Members. You agree to take reasonable precautions in all interactions with other LogonFixIt Members, particularly if you decide to meet a LogonFixIt Member offline or in person. Without limiting the terms of Section 14 below, your use of the Site, Support Services, LogonFixIt Content and Member Submissions is at your sole risk and discretion and LogonFixIt hereby disclaims any and all liability to you or any third party relating thereto. |
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| 6. |
Additional Obligations for all LogonFixIt Members
The Site and Support Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Support Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Support Services: |
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Upload, post, submit or otherwise transmit:
(i) |
any Member Submission to which you do not have the lawful right to use, copy, distribute, transmit and display (including any Member Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the Member Submission); |
| (ii) |
any Member Submission for which you do not have the consent or permission of each identifiable person in the Member Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the Member Submission) and such consent or permission is necessary; or |
| (iii) |
any Member Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). |
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b. |
Upload, post, submit or otherwise transmit, via the Site or Support Services, any Member Submissions (including screen names) that are unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including, without limitation, any pornography, erotica, child pornography or child erotica), are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitute hate speech or are otherwise objectionable in the opinion of LogonFixIt. |
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Upload, post, submit or otherwise transmit, via the Site or Support Services "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit solicitations for employees, consultants, or contractors for participation on other websites. |
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Circumvent, disable or otherwise interfere with security related features of the Site, or features that prevent or restrict use or copying of any LogonFixIt Content. |
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Use any meta tags or other hidden text or metadata utilizing a LogonFixIt name, trademark, URL or product name. |
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Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Support Services to send altered, deceptive or false source-identifying information. |
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Upload, post, submit or otherwise transmit any Member Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software, or (ii) interfere with the access of any LogonFixIt Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site. |
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Upload, post, submit or otherwise transmit any Member Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Member Submissions that is unrelated to the immediate, aesthetic nature of the Member Submissions. |
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Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud. |
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Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of LogonFixIt’s providers, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. |
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Attempt to probe, scan or test the vulnerability of any LogonFixIt system network, or breach or impair or circumvent any security or authentication measures protecting the Site or Support Services; attempt to gain unauthorized access to any LogonFixIt account information, computer systems or networks associated with the Site; or attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site. |
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Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Support Services. |
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Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by LogonFixIt or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including, without limitation, any software that sends queries to the Site to determine how a website or web page ranks. |
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Use the Site or Support Services to provide or promote any product or services, to provide any product or services related to claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants “get rich quickly” or “make money surfing the Web”) or use the Site or Support Services to promote bonus items, giveaways, random drawings, prizes, contests or games of chance. |
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Collect or store personal data about other LogonFixIt Members without their express permission. |
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Use the Site or Support Services in any manner not permitted by this Agreement. |
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Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement. |
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| 7. |
Only for LogOnFixIt.Com™: Interactions with Customers and Provision of LogonFixIt technician Services
As an LogonFixIt technician you acknowledge and agree to the following: |
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Although your LogonFixIt technician listings may contain verified credentials, the verification services are provided to LogonFixIt by third parties and LogonFixIt does not refer, endorse, recommend or guarantee any technical support services provided by LogOnFixIt.Com™, any specific LogonFixIt technician or any LogonFixIt technician’s qualifications and nothing will be considered as a referral, endorsement, recommendation or guarantee of the foregoing by LogonFixIt. LogonFixIt acts as a technology service that facilitates the sharing of technical support services between LogOnFixIt.Com™ and Customers and does not make editorial or managerial decisions concerning an LogonFixIt technician’s listing, nor will LogonFixIt be held responsible for any LogonFixIt technician’s failure to comply with laws or regulations concerning the content of their listings. Without limiting the terms of Section 14 below, LogonFixIt is not responsible for the use or exchange of any information, files or goods between LogOnFixIt.Com™ and Customers. Further, LogonFixIt does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by LogOnFixIt.Com™ or Customers, including, without limitation, any information contained in LogonFixIt technician listings, the LogonFixIt technician Services provided, comments made by Customers or other information made available through the Site. LogonFixIt assumes no responsibility for monitoring any Customer comments or otherwise policing its users in any way.
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b. |
You are solely responsible for your interactions with Customers. You understand that LogonFixIt does not in any way screen Customers. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site or providing LogonFixIt technician Services and disclosing personal information to Customers. You agree to take reasonable precautions in all interactions with Customers particularly if you decide to provide LogonFixIt technician Services through an in-home visit with a Customer. Without limiting the terms of Section 14 below, your use of the Site and provision of LogonFixIt technician Services is at your sole risk and discretion. |
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c. |
LogonFixIt reserves the right to contact LogOnFixIt.Com™ and Customers and review and/or record GoToSupport exchanges and communications, in compliance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement. If you ever believe that a Customer or another LogonFixIt technician has violated the law or is defrauding, threatening or endangering anyone, LogonFixIt urges you to immediately contact the police directly for help. |
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You will comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your provision of LogonFixIt technician Services. |
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You will not engage in any of the activities prohibited in Sections 7(a) through (q) above in your provision of LogonFixIt technician Services. |
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Except for in-home visits you will conduct all for-fee communications that you have with Customers only through the Site. You will not circumvent or attempt to circumvent the Site using third-party payment services or otherwise. |
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g. |
You are solely responsible for the content of the communications, assistance and advice that you provide as part of the LogonFixIt technician Services and the content in listings created under your LogonFixIt account. |
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You are solely responsible for all equipment necessary to access and use the Site and to provide LogonFixIt technician Services. |
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Except for pre-recorded LogonFixIt technician Service sessions that you decide to offer for a fee via the Site, you will not record or otherwise store any LogonFixIt technician Service sessions that you provide through the Site or those that are related to your LogonFixIt account. |
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You will not use the Site or provide LogonFixIt technician Services for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of LogonFixIt and you will cooperate fully with LogonFixIt to investigate any suspected unlawful, fraudulent or improper activity, including, but not limited to, granting authorized LogonFixIt representatives access to any password-protected portions of your LogonFixIt account. |
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You will not use the Site or provide LogonFixIt technician Services in any manner that harasses a Customer or another LogonFixIt technician or could interfere with any other party’s use or enjoyment of the Site or LogonFixIt technician Services. You will respect the privacy of others and not use the Site or LogonFixIt technician Services for unwelcome, rude or abusive communications or in any other manner as determined by LogonFixIt in its sole discretion. |
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You will not take any actions which may undermine the Customer comment system used to solicit feedback or comments from Customers, including, without limitation, leaving positive comments for yourself or other LogOnFixIt.Com™ using secondary names or creating fake accounts to do any of the foregoing. |
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You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement and LogonFixIt policies. |
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| 8. |
LogonFixIt technician Comments & Feedback
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LogonFixIt technician Comments
At the end of each session with a Customer, you have the opportunity to leave feedback and make comments about your experience with the Customer with whom you have interacted (“LogonFixIt technician Comments”) by filling out the LogonFixIt technician comment form provided to you at the end of a session. LogonFixIt advises you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit your comments. You should also be aware that you can be held legally responsible for damages to someone's reputation if your comments are deemed to be defamatory. LogonFixIt does not monitor or censor comments that are provided by LogOnFixIt.Com™ and disclaims any and all liability relating thereto. Notwithstanding the foregoing, LogonFixIt does reserve the right, in its sole discretion, to remove any LogonFixIt technician Comments that it deems to be inconsistent with the online activities that are permitted under this Agreement. |
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Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and LogonFixIt Services
(“Feedback”). You may submit Feedback by filling out a feedback form made available on the Site. You acknowledge and agree that all LogonFixIt technician Comments and all Feedback will be the sole and exclusive property of LogonFixIt. You hereby assign and agree to assign all rights, title and interest you have in such LogonFixIt technician Comments and Feedback to LogonFixIt together with all intellectual property rights therein. At LogonFixIt’s request and expense, you will execute documents and take such further acts as LogonFixIt may reasonably request to assist LogonFixIt to acquire, perfect and maintain its intellectual property rights and other legal protections for the LogonFixIt technician Comments and Feedback. |
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| 9. |
Proprietary Rights and Ownership |
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Content
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Certain types of content are made available through the Site. "LogonFixIt Content" as used in this Agreement means, collectively, the text, data, graphics, images, LogonFixIt Marks (defined below) and content made available through the Site, excluding Member Submissions. “Member Submissions” as used in this Agreement means, collectively, the text, data, communications, messages, graphics, images, photos, video files and other content and information which LogonFixIt Members post, upload and otherwise submit to the Site, including, without limitation, in discussion groups, message boards and LogonFixIt Member created profile pages. Member Submissions include LogonFixIt technician listings. LOGONFIXIT reserves the right to remove and permanently delete any LOGONFIXIT Content or Member Submissions from the Site without notice. |
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You may access and use the Support Services, LogonFixIt Content and Member Submissions for your own personal, non-commercial use. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, LogonFixIt Content, Member Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, LogonFixIt Content, or Member Submissions (other than your Member Submissions). LogonFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in the LogonFixIt Marks, Site and LogonFixIt Content contained therein, other than your Member Submissions. |
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Use by LogOnFixIt.Com™ of LogonFixIt Marks
LogonFixIt grants to each LogonFixIt technician the right to use LogonFixIt trademarks, service marks or logos (“LogonFixIt Marks”) in their LogonFixIt technician listings. Any such use by an LogonFixIt technician must correctly attribute ownership of such LogonFixIt marks to LogonFixIt and must be in accordance with applicable law and LogonFixIt’s then-current trademark usage guidelines. LogonFixIt technician will not remove or obscure any LogonFixIt Mark, and will not attach any additional third party trademarks, logos or trade designations on or to its LogonFixIt technician listings. LogonFixIt technician acknowledges and agrees that LogonFixIt owns the LogonFixIt Marks and that any and all goodwill and other proprietary rights that are created by or that result from LogonFixIt technician’s use of a LogonFixIt Mark, or LogonFixIt technician’s association with LogonFixIt, inure solely to the benefit of LogonFixIt. LogonFixIt technician will at no time contest or aid in contesting the validity or ownership of any LogonFixIt Mark or take any action in derogation of LogonFixIt’s rights therein, including, without limitation, applying to register any trademark, trade name or other designation that is confusingly similar to any LogonFixIt Mark. |
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Member Submissions
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License Grant
LogonFixIt does not claim ownership rights in your Member Submissions. However, by uploading, posting, submitting or otherwise transmitting any Member Submission to LogonFixIt or on the Site, you hereby grant to LogonFixIt a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such Member Submissions in any form, medium or technology now known or later developed, including, without limitation, on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to LogonFixIt. LogonFixIt will own all right, title and interest in and to all derivative works and compilations of Member Submissions that are created by LogonFixIt, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by LogonFixIt to give to LogonFixIt the full benefit of the rights granted to LogonFixIt by you. |
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Limitations
You acknowledge and agree that LogonFixIt may, at its option, establish limits concerning Member Submissions, including, without limitation, the maximum number of days that Member Submissions will remain on the Site, the maximum size of any files that may be stored on or uploaded to the Site and the maximum disk space that will be allotted to you for the storage of Member Submissions on LogonFixIt’s servers. LogonFixIt will have no responsibility or liability for and you are solely responsible for creating back-ups of your Member Submissions. |
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Disclaimer
LogonFixIt does not have any obligation to monitor the Member Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Support Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Member Submissions or anything said, depicted or written by LogonFixIt Members, including, without limitation, any information obtained by using the Site. LogonFixIt does not endorse any Member Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LogonFixIt with respect thereto. |
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GNU General Public License (GPL)
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LogonFixIt and its licensors own all right, title and interest, including all worldwide intellectual property rights in this program. This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License version 2. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. For a period of three (3) years from the date you assent to the terms of this Agreement, LogonFixIt will at your request provide to you a copy of the source code for the code licensed under the GPL, including any modifications made by LogonFixIt. LogonFixIt may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to: LogonFixIt, Inc.
You may contact us using our Feedback Form. |
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| 10. |
Confidentiality
“Confidential Information” means: |
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Any Feedback that you provide to LogonFixIt; and |
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c. |
The terms of the Payment Policy
Any LogonFixIt business or technical information that is disclosed to you in connection with this Agreement, including, but not limited to, any information relating to LogonFixIt’s plans, business opportunities or research and development. Confidential Information excludes any information that:
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is or becomes generally known to the public other than as a result of your breach of this Agreement; |
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is rightfully known to you at the time of disclosure without restrictions on use or disclosure; |
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is independently developed by you, without access to or use of any Confidential Information; or |
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is rightfully obtained by you from a third party, who has the right to disclose it and who discloses it without restrictions on use or disclosure. You will maintain all Confidential Information in strict confidence and will not disclose any Confidential Information to any third party. You will not use Confidential Information, except as necessary for the performance of this Agreement. |
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| 11. |
Copyrighted Materials: No Unauthorized Use
You will not use the Site and Support Services or LogonFixIt technician Services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. LogonFixIt has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the LogonFixIt Copyright Policy for further information. |
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| 12. |
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LOGONFIXIT, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS, REPRESENTATIVES AND CUSTOMERS HARMLESS FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO: (A) YOUR USE OF THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT OR MEMBER SUBMISSIONS, (B) YOUR VIOLATION OF THIS AGREEMENT; (C) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (D) YOUR PROVISION OF EXPERT SERVICES (EXCLUDING LIABILITY DIRECTLY ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF LOGONFIXIT), INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS’ FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. IN EACH CASE, LOGONFIXIT WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION. LOGONFIXIT HAS THE RIGHT TO WITHHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER. |
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| 13. |
Disclaimer
THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. LOGONFIXIT AND SUPPLIERS TO LOGONFIXIT EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF EXPERT SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT AND ALL COMMUNICATIONS MADE THROUGH THE SITE (INCLUDING THOSE COMMUNICATIONS BETWEEN LogOnFixIt.Com™ AND CUSTOMERS AND LOGONFIXIT MEMBERS) INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, LogonFixIt makes no representation or warranty that the Site will be error free OR THAT ANY ERRORS WILL BE CORRECTED. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. |
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| 14. |
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LOGONFIXIT OR SUPPLIERS TO LOGONFIXIT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SUPPORT SERVICES, LOGONFIXIT CONTENT AND MEMBER SUBMISSIONS OR PROVISION OF EXPERT SERVICES, INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM VISITS IN PERSON WITH CUSTOMERS OR THE CONDUCT OF ANY LOGONFIXIT USER ONLINE OR OFFLINE, WHETHER OR NOT LOGONFIXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGONFIXIT AND ITS SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED (A) IN THE CASE OF NON-CERTIFIED USERS $100; AND (B) IN THE CASE OF LogOnFixIt.Com™ THE TOTAL FEES ACTUALLY EARNED BY LOGONFIXIT FROM YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. LOGONFIXIT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SUPPORT SERVICES AND THE PROVISION OF EXPERT SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. |
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| 15. |
Force Majeure
LogonFixIt will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to the LogonFixIt infrastructure or connectivity to the Internet or failure at a LogonFixIt co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, LogonFixIt will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues. |
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| 16. |
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind nor attempt to bind the other to any contract. |
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| 17. |
Notice; Consent to Electronic Notice
You consent to the use of: |
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Electronic means to complete this Agreement, to use the Site, Support Services and provide LogonFixIt technician Services and to deliver to you any notices pursuant to this Agreement, and |
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Electronic records to store information related to this Agreement or your use of the Site. |
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Any notice or other communication to be given hereunder will be in writing and given: |
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By LogonFixIt via email (in each case to the address that you provide). |
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By LogonFixIt via a posting on the Site or |
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By you via our Feedback Form or to addresses as LogonFixIt may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. You can request a copy in paper form of this Agreement and any other records relating to this Agreement or your use of the Site, Support Services or provision of LogonFixIt technician Services by sending a written request to LogonFixIt using the Feedback Form. |
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| 18. |
Links to other Websites
The Site may provide links to websites other than LogonFixIt. Such links are provided for reference only, and LogonFixIt neither controls such websites nor endorses any of the material on any such websites or any association with their operators. |
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| 19.. |
Miscellaneous
In the event that any provision in this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of LogonFixIt and any prohibited assignment will be null and void. LogonFixIt may assign these Agreement or any rights hereunder without your consent. This Agreement will be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Northern California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Agreement and the rules, restrictions and policies contained herein, and LogonFixIt’s enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and LogonFixIt. This Agreement together with the rules and policies of LogonFixIt and other Agreements incorporated herein by reference constitutes the entire agreement between LogonFixIt and you with respect to the subject matter hereof. |
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Last Modified: December 11, 2008 |
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