LOGMEONCE TERMS OF SERVICE
EFFECTIVE DATE: MAY 25TH 2018
TERMS OF SERVICE
You are accessing a LogmeOnce user-base information system, which includes: 1) this application, 2) this application and computer network, 3) all applications and computers connected to this network, and 4) all devices and storage media attached to this network or to a computer on this network.
This is a LogmeOnce application and computer system, which may be accessed and used only for authorized LogmeOnce business by authorized end-users. Intentional hack attack, intentional/unintentional intrusion against “any” LogmeOnce end-users, unauthorized access or use of any end-user’s account, their data, this application and computer system may be subject violators to criminal, civil, and/or other action.
If you plan a hack/intrusion against a LogmeOnce account holder, end-user, and/or LogmeOnce network, all information on this computer system may be intercepted, recorded, read, copied, and disclosed by and to authorized personnel for official purposes, including criminal investigations. Such information includes sensitive data encrypted to comply with confidentiality and privacy requirements.
You understand and consent to the following: You may access this information system for authorized use only; you have no reasonable expectation of privacy regarding any communication of data transiting or stored on this information system; at any time and for any lawful government purpose, the government may monitor, intercept, and search and seize any communication or data transiting or stored on this information system; and any communications or data transiting or stored on this information system may be disclosed or used for any lawful government purpose.
Access or use of this computer system by any person, whether authorized or unauthorized, constitutes consent to these terms. There is no right of privacy in this system.
TERMS OF SERVICE
Thank you for visiting www.logmeonce.com (“Website”). The Website is owned and operated by LogmeOnce Inc. (“LogmeOnce”, “We”, “Us”).
These Terms of Service (“Terms”) govern your use of LogmeOnce password management solution, and all the products, services, applications, websites and updates therein (“Services”). LogmeOnce, may, from time to time, introduce new Services. To the extent that these Terms of Service apply to the new Services, we will notify you as described below.
These Terms apply to all the LogmeOnce platform, password management solutions, and all the products, services, applications, websites and updates therein (the “Services”). LogmeOnce, may, from time to time, introduce new Services. To the extent that the Terms apply to the new Services, we will notify you as described below.
By accessing or otherwise using LogmeOnce Services, you agree to the Terms. As far as it is consistent with applicable laws and regulations, you also agree and consent to functionalities and information practices of the present and future Services. If you do not agree to any part of the Terms as applicable to present and future Services, you must not access or use the Services.
- You are responsible for all activities that occur under your account. You are responsible for maintaining the security and confidentiality of your username and password, and you are liable for any harm resulting from the disclosure of such. In the event of a breach of security of your account, you will remain liable for any damage, including but not limited to, any direct, indirect or actual damages that may be caused by the unauthorized use.
- You agree to notify us immediately of any unauthorized use of your username or password or account, or any other known or suspected breach of security.
- You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability.
- You may use LogmeOnce only if you can form a binding contract with us, and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.
- You represent and warrant that: (i) you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and (ii) are fully able and competent, and have the legal power, capacity and authority, to enter into these Terms and to abide by and comply with it.
- In any event, if you are under 13, you are not permitted to use the Website or Services.
YOUR USE RIGHTS
- Subject to the terms and conditions of these Terms, we grant you a personal, non-transferable, non-exclusive, non-sublicensable, limited, revocable license to use LogmeOnce strictly in accordance with these Terms.
- You may at any time uninstall LogmeOnce from your device.
RESTRICTIONS ON USE
- You agree not to submit, as part of your use of LogmeOnce, any material that is illegal,
misleading, defamatory, indecent, obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable.
- You may not use LogmeOnce for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.
- You may not use LogmeOnce to compete in any manner with us. You may not attempt to use any “deep-link”, “scraper”, “robot”, “bot”, “spider”, “data mining”, “computer code”, or any other automated device, program, tool, algorithm, process, methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Services.
- You may not use LogmeOnce in a manner that would violate the security of, or attempt to gain unauthorized access to the Website or Services, data, materials, information, computer systems or networks connected to any server associated with LogmeOnce through hacking, password mining or any other means.
- You may not impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.
- You will not upload or transmit through LogmeOnce any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
- You may not interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, the Services or any other activities conducted on or through the or any servers or networks connected to LogmeOnce.
- If we discover your account is being used in connection with any of these activities, we reserve the right to terminate your account.
LOGMEONCE MUGSHOT ANTI-HACKING
- LogmeOnce Mugshot is anti-hacking threat protection software that protects online accounts and devices by detecting unauthorized access and possible hacking or breach of these accounts and devices.
- To use LogmeOnce Mugshot, you will choose which accounts and devices LogmeOnce Mugshot will monitor. By your use of LogmeOnce Mugshot, you authorize LogmeOnce to monitor these accounts and devices.
- Upon installing LogmeOnce Mugshot, certain permissions are shown that you have to grant in order to install and use the software. LogmeOnce Mugshot may offer to make changes to your account and device settings. These changes, if approved by you, can be reconfigured at any time in the settings available on your account or device.
- The anti-hacking features of LogmeOnce Mugshot will not work if it is not installed, updated, or active on the device. Even with these conditions, you acknowledge and agree that the success of the anti-hacking features depends on items under your or third-parties’ control, which LogmeOnce does not control or influence, such as (but not limited to), the device being powered on and/or with remaining battery power, an active connection between the device and the data network (including, in the case of paid networks, an active account with a positive balance linked to the device), and map data or other location information (which comes from third-party services) that may not be available in all areas or may contain incomplete or inaccurate data.
- You acknowledge and agree that the LogmeOnce Mugshot is an auxiliary tool and does not replace the procedures that you should perform with law enforcement authorities, especially in case of robbery or hacking of devices.
- The information and metadata will be made available to the rightful (authorized) account owner to download and look at hacker’s metadata.
- LogmeOnce does not inspect the content and/or data that is stored or transmitted through LogmeOnce Mugshot.
- LogmeOnce guarantees neither the location, even if approximate, of account or devices where LogmeOnce Mugshot was installed, nor success in the search and location procedure.
- Shocks© are unique features of LogmeOnce Password SHOCK© that alert you and any other rightful user of your account or device, about authorized or unauthorized access activities therein has been detected.
- Shocks© are countermeasures that serve as an alert message (warning) to you and any other user of your account or device that any of the information and metadata are recorded, collected and stored, and that such information and metadata (including but not limited to collecting audio, video, GPS location, IP address, email address, screenshots, browser info, date and time stamp, snap selfie, and photo(s) using device features and camera(s)) can be used as evidence in any legal action.
- Shocks© can be delivered in the form of pop-ups, warnings, audio, video, play pre-recorded audio warning, video, music file(s), and/or siren, vibration or the device, alarms, flashes, screen shake, lockouts, captcha, or their combinations.
- By installing LogmeOnce, you agree, consent and understand that in case of any suspicious activity, successful and/or unsuccessful attempt(s) to access your account or device, and/or targeting LogmeOnce, or other LogmeOnce account(s) holders, and/or devices(s) LogmeOnce will cause and push actions to activate the Shocks©.
- You agree and consent that the Shocks© may run various scripts on your device, make changes to the device configuration, install and uninstall software, and make other changes to the device and/or account as may be necessary for the logmeOnce, anti-hacking, and threat protection features to function.
- You agree and consent that you will keep LogmeOnce, and any account targeted, or not targeted, and all account holders free from any harm, legal actions, lawsuits, and etc. etc. etc.
- If you do not agree with these terms, please do not proceed with LogmeOnce account creation, or uninstall LogmeOnce and delete your data.
- The content and/or data that is stored or transmitted through LogmeOnce Shocks© is inspected by LogmeOnce to formulate a response to the attacker.
- The information and metadata are NOT made available to the rightful (authorized) account owner.
COLLECTION OF INFORMATION AND METADATA
- In case of any suspicious activity or unsuccessful attempt to access these accounts, LogmeOnce Mugshot and Shocks© will access the device or account used for the suspicious activity or unsuccessful attempt, and retrieve the information and metadata that is used to form activity patterns. This information and metadata may include, but are not limited to:
● Picture taken with front camera of the device;
LogmeOnce does not guarantee the recovery of content and/or data that is stored or transmitted through your account or device.
● Picture taken with rear-facing camera of the device;
● Voice of the user of the device;
● Video of the user of the device;
● IP addresses;
● PC or mobile device identification strings (i.e. the type of device that was used to access the account);
● Time and date of account access;
● GPS data and additional parameters; and
● Usage patterns are used to identify suspicious behavior and alert users to possible unauthorized access to their accounts.
AUTHORIZED AND UNAUTHORIZED ACCESS
You understand and agree that while LogmeOnce Mugshot is designed to protect your device or account from unauthorized access, LogmeOnce Mugshot will similarly function in case of unsuccessful attempt to access by persons who are authorized to access your account or device for any reason. This may include you or any person you have authorized or not prohibited to access.
Thus, whether the access is authorized or unauthorized, LogmeOnce Mugshot will fully function in the account or device for which LogmeOnce Mugshot is activated.
In the event that due to the authorized or unauthorized access, any third party’s intellectual property rights, privacy rights or any applicable right is infringed or violated, you, not LogmeOnce, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
It is your sole responsibility to ensure that the information or data that is stored through LogmeOnce Mugshot does not violate copyrights of third parties, and is not illegal or in breach of LogmeOnce’s rules and policies. You shall indemnify and hold harmless LogmeOnce, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors from any losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of the content of stored data, or use of LogMeOnce products.
You accept the sole responsibility for any loss and/or damage, including loss of content and/or data, caused by possible incompatibilities, changes, errors, file deletions, malfunctions, and problems that may occur in your account or device as well as on their hardware, software, systems, applications, files, functions, code sequences and other programs, including but not limited to anti-virus programs and storage programs or services as a result of the use of LogmeOnce Mugshot because of the access, whether authorized and unauthorized.
In no event shall LogmeOnce be responsible for any error or malfunction caused by elements internal and/or external to the functionality of LogmeOnce Mugshot, including hardware or software. LogmeOnce also shall not be responsible in cases where LogmeOnce Mugshot have been used in a different manner than specified by LogmeOnce, or in any other abusive, negligent or inappropriate manner (including, but not limited to, use outside the recommended environment) or by third-party users.
PROHIBITION AGAINST HACK-BACK
We strongly advise against hacking anyone’s system, vigilante justice actions, and hack-backs. Thus, you agree to never use LogmeOnce to do such actions. In cases where you are aware of any illegal act done against anybody’s system, we strongly advise you to report and relay such to law enforcement or higher authorities.
Nevertheless, considering the limitations in the current technology and legal frameworks, we recognize that there are offensive capabilities for defensive purposes in the civilian and commercial internet contexts. These include cases where information collected could be particularly useful evidence for a higher authority, or if former acquaintances, or, in a business owner’s case, former employees, are accessing accounts without permission.
In using LogmeOnce for purposes similar to the immediately preceding paragraph, such as collecting intruder data and information, you are required to download LogmeOnce encryption engine and extension. Provided, that you will agree to their Terms and Conditions for download and installation. Provided further, that you will agree with other applicable laws and regulations.
Whether you download and install LogmeOnce encryption engine and extension on your own or another’s system, and after which they collect any image or data, you acknowledge that such is the result of entering wrong user credentials and/or an attempt to hack. You also agree that any picture or data collected during this process may be used by the account’s rightful owner to detect a culprit or share such information with law enforcement or higher authorities. In these cases, you agree that:
a) We will not be held liable for any loss of data.
We advise you to submit any hacker or intruder data that you have collected to the law enforcement and proper authorities.
The provisions on Limited Liability and disclaimers in these Terms very well apply to these provisions on hack-back.
b) We will not be held liable if the system is hacked for any reason.
c) We will not be held liable if LogmeOnce is hacked for any reason.
d) You will be solely responsible for any picture and data collected, such as a hacker’s photo, GPS, address, among others.
WEBSITE AND SERVICES CONTENT
When you access or LogmeOnce, you obtain access to various kinds of information and materials. Content will include information and materials posted to a public area of the Website.
We have not reviewed, and cannot review, all of the materials, including computer software that is not cryptographically signed by us, posted in LogmeOnce, and cannot therefore be responsible for that material’s content, use or effects. By operating LogmeOnce, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website and Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. We disclaim any responsibility for any harm resulting from the use by visitors of or from any downloading by those visitors of such content.
NO DUTY TO CORRECT ERRORS
You acknowledge and agree that we have no obligation to correct any defects or errors in LogmeOnce furnished to you, regardless of whether you inform us of or we otherwise become aware of such defects or errors.
We may provide mandatory updates to LogmeOnce with or without notice to you to ensure the continued performance, security and stability of LogmeOnce. We may also make available other updates to LogmeOnce that you will have the option to install.
To the extent we provide you with any updates or upgrades, such shall be deemed to constitute part of LogmeOnce and shall be subject to all provisions in these Terms.
The free version of LogmeOnce is supported by and shows advertisements.
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us.
We do not give your content or information to advertisers without your consent.
We reserve the right to create, change or delete the content, frequency, duration, target, positioning and use of the advertisements in our sole discretion without notice.
You agree not to, in any way, block, hide or alter the advertisements. We reserve the right to delete your account and suspend your use of LogmeOnce if we, for any reason, believe that you have attempted or have been successful in blocking, hiding or altering the advertisements in any way.
If you wish to use LogmeOnce without the advertisements, we encourage you to download LogmeOnce paid edition for only $1 per monthly use.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide LogmeOnce and all updates, modifications and enhancements thereto (collectively, “Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors.
Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Website according to these Terms. Furthermore, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
OWNERSHIP OF TECHNOLOGY
The Website is protected by copyright laws, international copyright treaties, and all other applicable intellectual property laws. We own the title, copyright and other intellectual property rights in the Website. Our name, logos, and the names associated with the Website are our trademarks and may not be used without our prior written consent.
Other names and logos that you may see in connection with the Services or on the Website are owned by third parties and may not be used without their prior written consent.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by us violates your copyright, you are encouraged to notify LogmeOnce in accordance with our Digital Millennium Copyright Act (‘DMCA’) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LogmeOnce or others, we may, in our discretion, terminate or deny access to and use of the Website. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER WE, OUR EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE SERVICES. NEITHER US NOR ANY OF OUR INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, OUR EMPLOYEES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, TRANSMISSION, BREACH, COMPROMISE, HACK ATTACK, D.O.S., DATA THEFT, DATA LOSS, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY
You are entirely responsible for each individual item (your “User Content”) that you post or otherwise make publicly available on the Website or the Services. As between you and us, you retain ownership and any intellectual property rights in any copyrighted materials that are contained in the User Content.
You grant us a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to that User Content. You agree that any such User Content or any derivative works thereof (other than personally identifiable information about you), may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers.
You agree not to revise User Content posted by others.
Though we strive to enforce these rules with all of our users, you may be exposed to User Content that violates our policies or is otherwise offensive. You access the Website and Services at your own risk. We take no responsibility for your exposure to Content on the Website or through the Services whether it violates our content policies or not.
We may, but are not obligated to terminate your account and/or remove User Content from the Website if we determine or suspect that you or your Content violates these Terms or the applicable agreement with the offending user(s). User Data
This Section will apply only if you are located in the European Union. If you want to enter into EU standard contractual clauses with us as it relates to our processing of your information, you may request a Data Processing Addendum (“DPA”) DPA Request Form, and a pre-signed DPA will be transmitted to you for execution.
If your User Content is subject to EU data protection laws and is processed by us as a data processor acting on your behalf (in your capacity as data controller), we will use and process your User Content in order to provide the Services and fulfill our obligations under the Agreement, and in accordance with your instructions as represented in this Agreement.
EUROPEAN UNION CUSTOMERS
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback (collectively “Feedback”), you agree that we may use the Feedback to modify our products and services, and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback.
You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true with Feedback you provide to us through any method of communication with us, unless we have entered into a separate agreement with you that provide otherwise.
You are solely responsible for User Content, User Data and your use of LogmeOnce. We do not endorse User Content or User Data, have no obligation to monitor any User Content or User Data, and assume no responsibility whatsoever for these materials. In all cases, LogmeOnce reserves the right to remove or disable access to any User Content or User Data without liability to you for any or no reason, including to account for changes to LogmeOnce or Usage Limits or to prevent breaches of these Terms, harm to other users, or liability to third parties. LogmeOnce may take these actions without prior notification to you or any third party. Removal or disabling of access to these materials shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content or User Data. You are solely responsible for maintaining additional backup of User Content and any User Data, and LogmeOnce is not responsible for loss or destruction of these materials.
YOUR WARRANTIES AND INDEMNIFICATIONS
LogmeOnce may be linked to and from third-party websites and services, which are not under our control. We are not responsible for the contents, links, changes and updates in such third parties. We are providing such links only for convenience, and the inclusion of any link does not imply our endorsement of it. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of non-LogmeOnce websites and webpages.
LINKS TO THIRD PARTIES
THIRD PARTY SOFTWARE
Certain portions of LogmeOnce contain technology, software, and data owned by third parties and licensed to LogmeOnce for use and redistribution under open-source and commercial licenses and in accordance to their terms. Notwithstanding any of the terms and conditions of your license agreement with us, you agree to the terms and conditions of these third-party licenses. The list of third party licenses may not be complete and may be updated from time to time. We reserve the right, at its sole discretion, to modify, replace, or add to any part of this list. It is your responsibility to check the list periodically for changes. Your continued use of or access to LogmeOnce following the posting of any changes to the list constitutes acceptance of those changes.
We can only give you the benefits of our Services by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.
For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.
You may also receive a copy of these Terms by accessing this Website. You may withdraw your consent to receive Communications electronically by contacting us. If you withdraw your consent, from that time forward, you must stop using the Website and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security during transmission.
LogmeOnce is commercial computer software. If you are an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of LogmeOnce, or any related documentation of any kind, including technical data and manuals, is restricted by these Terms in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. LogmeOnce was developed fully at private expense. All other use is prohibited.
LogmeOnce is subject to export restrictions by the United States government and import restrictions by certain foreign governments, and you agree to comply with all applicable export and import laws and regulations in your access to or use of LogmeOnce. You shall not (and shall not allow any third-party to) remove or export from the United States or allow the export or re-export of any part of LogmeOnce or any direct product thereof: (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (d) otherwise in violation of any export or import restrictions, laws or regulations of the United States or any foreign government, agency or authority. You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list and (ii) that none of User Content or User Data is controlled under the US International Traffic in Arms Regulations. LogmeOnce may not be used for the design or development of nuclear, chemical, or biological weapons or missile technology without the prior permission of the United States government.
We may terminate or suspend your Account and/or your access to LogmeOnce, without prior notice and without liability, for any or no reason, including if we determine in good faith that: (a) you have violated these Terms, (b) you have infringed third party rights or any applicable laws, rules or regulations, (c) you are no longer actively using LogmeOnce, or (d) you have failed to pay fees owed to us. These remedies are in addition to any other remedies we may have at law, in equity or otherwise.
We will make a reasonable attempt to notify you of any termination or suspension of your access to LogmeOnce using the information on your Account or through LogmeOnce itself. However, we reserve the right to terminate access to LogmeOnce at any time, with or without notice.
TERMINATION AND SUSPENSION
You acknowledge and agree that upon suspension, termination or expiration your ability to access LogmeOnce will cease and that we will have no obligation to store any such items or provide them to you. If we terminate your access to LogmeOnce, your license rights shall terminate and you must: (i) immediately cease any use the applicable LogmeOnce and (ii) delete (or, at our request, return) any and all copies you have of the applicable LogmeOnce (if any).
Effect of Termination
All terms and conditions of these Terms will survive any suspension, termination or expiration, except for the rights granted to you under Your Use Rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and LogmeOnce agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes including but not limited to claims arising out of or relating to these Terms, any LogmeOnce, and/or any aspect of the relationship between us, whether such claims are based in contract, tort, statute, fraud, misrepresentation or any other legal theory, arose before these Terms or any prior agreement, or arose after the termination of these Terms. The only exceptions to this mandatory arbitration provision are described in the “Exceptions” subsection below. By agreeing to these Terms or using LogmeOnce, you agree to resolve any and all disputes with us as follows:
Most disputes can be resolved without resorting to litigation. Before initiating arbitration, the parties agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with LogmeOnce support department. You can reach our support department at support@LogmeOnce.com.
Initial Dispute Resolution
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at 1 2010 Corporate Ridge, Suite 700, McLean, Virginia 22102, U.S.A., The Washington, D.C. Metropolitan Area. ATTN: General Counsel.
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND LOGMEONCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The parties further agree that the JAMS Rules referenced above shall exclude any rules or procedures governing or permitting class actions. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth in this Arbitration and Class Action Waiver section shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, LogmeOnce will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, LogmeOnce will pay the fees invoiced by JAMS, including the filing fees and arbitrator and hearing expenses they invoice. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
If you are a resident of the United States, any arbitration hearings may take place in the county where you reside at the time of filing or in another location mutually agreed by the parties.
For residents outside the United States, any arbitration shall be initiated in the State of Virginia, United States of America, and you and LogmeOnce agree to submit to the personal jurisdiction of any federal or state court in McLean County, Virginia in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If your claim is for $50,000 or less, either party may choose to attend a hearing telephonically, videographically or in person. Hearings may also take place telephonically or videographically as provided for in the applicable JAMS Rules.
Location of Arbitration
You have the right to opt out and not be bound by this Arbitration and Class Action Waiver section by sending (from the email address registered to your Account) written notice of your decision to opt out to support@LogmeOnce.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” and your full legal name. The notice must be sent within thirty (30) days of your first use of LogmeOnce, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this mandatory arbitration provision. If you opt out of these arbitration provisions, LogmeOnce also will not be bound by them.
30-Day Right to Opt Out
If you have not opted-out of this Arbitration and Class Action Waiver section and LogmeOnce makes any future change to this section (other than a change to our notice address), you may reject any such change within 30 days of the change by sending us written notice (from the email address registered to your Account) to support@LogmeOnce.com with the subject line “OPT OUT OF CHANGES TO ARBITRATION AND CLASS ACTION WAIVER” and your full legal name. If you opt out of changes to this section, LogmeOnce also will not be bound by those changes, and the parties agree to arbitrate any dispute in accordance with the Arbitration and Class Action Waiver section in effect prior to such rejected change. If a court or arbitrator decides that this paragraph is not enforceable or valid, then this paragraph shall be severed from the rest of this Arbitration and Class Action Waiver section, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using LogmeOnce.
Changes to This Section
● The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. This Arbitration and Class Action Waiver section shall survive any termination of your Account, LogmeOnce or these Terms.
Any notice under these Terms must be given in writing. We may send you a notice by means of electronic mail to your e-mail address on record in your account, by written communication sent by first class mail, or by courier service to your address on record in your account. Such notice will be deemed to have been given upon sending.
You agree to receive all communications, agreements, and notices that we provide in connection with any LogmeOnce (“Communications”) electronically, including by e-mail, text, in-app notifications, or by posting on LogmeOnce website or other parts of LogmeOnce. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that we are not responsible for your failure to receive notices if you fail to keep your Account information accurate and complete or if you filter our Communications.
If any covenant or provision of these Terms are determined to be void or unenforceable in whole or part, then such void or unenforceable covenant or provision shall be deleted from these Terms and shall not effect or impair the enforceability or validity of any other covenant or provision of these Terms or any part thereof.
All indexes, titles, subject headings, section titles, and similar items are provided for the purpose of reference and convenience and are not intended to be inclusive, definitive, or to affect the meaning or scope of these Terms.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
If you are visiting from any other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with these Terms.
You may not assign your rights under these Terms to any party. We may assign our rights under these Terms without condition.
These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
No action taken by us pursuant to these Terms, no waiver by us whether express or implied of any provision or right in these Terms or any breach thereof, and no failure by us to exercise or enforce any of our rights under these Terms will constitute a continuing waiver with respect to such provision, right, breach or waiver, whether or not similar.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
These Terms and our legal obligations hereunder are subject to the laws of the State of Virginia, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in the State of Virginia, U.S.A., in all disputes arising out of or relating to the Services.
Please do not hesitate to contact us regarding any matter relating to this agreement through support@LogmeOnce.com.
2010 Corporate Ridge, Suite 700,
McLean, Virginia 22102, U.S.A.
(The Washington, D.C. Metropolitan Area)
Fax: (866) 732-0324