Conditions of Use
These Conditions of Use govern the use of this Web site. By using this Web site, you agree to all of the provisions contained or referred to in these Conditions of Use. Logicbroker, Inc. reserves the right to change these Conditions of Use at any time in its sole discretion. Your use of this Web site after such changes are posted to the Web site constitutes your acceptance of the changes. Please consult these Conditions of Use regularly.
LICENSE, SITE ACCESS & USE LIMITATION
We grant you a limited license to access and make personal use of this Web site. The use of this Web site is limited for purposes of attaining information about Logicbroker, Inc. and its products or services or utilizing the products or services offered by Logicbroker, Inc. through this Web site.
The content and information on this Web site (including, without limitation, price and availability of equipment, products or services), as well as the infrastructure used to provide such content and information, is proprietary to us. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any other purpose (direct or indirect) other than for purposes of attaining information about Logicbroker, Inc. and its products or services or utilizing the products or services offered by Logicbroker, Inc.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
When using the Web site, you may not upload or transmit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin information provided.
In addition, you agree not to:
(i) access, monitor or copy any content or information of this Web site using any data mining, robots, spiders, scrapers or similar data gathering and extraction tools. or any manual process for any purpose without our express written permission;
(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; or
(iv) deep-link to any portion of this Web site (including, without limitation, the purchase path for any equipment or services) for any purpose without our express written permission.
Any unauthorized use terminates the permission or license we have granted you.
DISCLAIMER; LIMITATION OF LIABILITY
USE OF THIS SITE IS PROVIDED “AS IS, WHERE IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES TO YOU OR YOUR CUSTOMERS FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE OR ANY ORDER OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT WE CORRECT THE MATTER OR, IF WE FAIL TO DO SO, TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.
Our Web site will occasionally experience outages during which you or other users will not be able to login, view or operate our Web site. We do not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use or unavailability of this site.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, EQUIPMENT, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
When you visit our Web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any notice, submission, order or other document which may be given by you or us under these Conditions of Use shall be deemed to have been duly given if sent electronically, or in writing and left at or sent by pre-paid recorded delivery post, or facsimile transmission (confirmed by letter sent by pre-paid recorded delivery post) to each party’s principal or registered office to which notices and other documents may be sent.
If you post information or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, and display such information with its affiliates, agents and vendors for the purpose of providing the services. You represent and warrant that you own or otherwise control all of the rights to the information that you post; that the content is accurate; that use of the information you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates and our and their agents and employees for all claims resulting from information you supply. We take no responsibility and assume no liability for any information posted by you or any third party.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site (“Software”) is the copyrighted work of us or third party licensors who provide the Software to us. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. For any Software not accompanied by a License Agreement, we hereby grant to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreement.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
COPYRIGHT AND TRADEMARK NOTICES
This Web site and its contents are protected under copyright laws of the United States and other countries. Copyright © 1998-2013 Logicbroker, Inc.. All Rights Reserved. Logicbroker, Inc., logicbroker®, and any other related or designated name or logo are trademarks of Logicbroker, Inc.
Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Logicbroker, Inc. or this Web site.
All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or its affiliates.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Web site so long as the link does not portray our Web site, our vendors, or our or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use our logo or other proprietary graphic or trademark as part of the link without express written permission.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents or your use of them. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us or our vendors without our or their express written consent. You may not use any meta tags or any other “hidden text” utilizing the Web site name or trademarks without our express written consent.
We have not tested and make no representations regarding the correctness, performance or quality of any software found at any such third-party sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
MODIFICATION OF THESE CONDITIONS OF USE
We reserve the right to change the terms, conditions, and notices under which this Web site is offered, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Web site. You will be notified of changes to the terms, conditions, and notices through the Site’s message center tools.
RELATIONSHIP OF THE PARTIES
You agree that no joint venture, partnership, employee-employer, franchiser-franchisee, or agency relationship exists between you and us as a result of these Conditions of Use or use of this Web site.
These Conditions of Use (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Logicbroker, Inc. with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Web site. A printed version of these Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and do not limit the scope or extent of such section.
Our performance of Conditions of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use.
Our failure to exercise or enforce any right hereunder, with respect to a breach by you or your designated agents, shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof or of any other right on any other occasion. Any rights not expressly granted herein are reserved.
If any part of these Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Conditions of Use shall continue in effect.
APPLICABLE LAW, JURISDICTION, AND ARBITRATION
These Conditions of Use is governed by the laws of the State of Connecticut, USA. You hereby consent to the exclusive jurisdiction and venue of the state or federal courts in the State of Connecticut , in all disputes arising out of or relating to the use of this Web site to the extent that any aspect or matter falls to be interpreted, conformed, or adjudicated upon.
You at your option or we at our option may refer any dispute relating in any way to your use of this Web site, or charges incurred, or equipment, products or services you ordered, purchased or received through this Web site to confidential arbitration in the State of Connecticut. In such case, arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.