Users may register with Log-Normal to access the Services and certain portions of the Websites. Users may register either as an individual or as a business. If you register as an individual, you may need to provide a current e-mail address to access certain portions of the Services. You will need to select a login identification (“User ID”), and a user password (“User Password”) that is unique and entirely different from your User ID. As a result, you agree that you will never divulge or share access to your User ID or User Password with any third party for any reason. You agree not to allow any third party to access or use your user account or provide them with your login information to do so.
If you register as or on behalf of a business or other entity (a “Corporate Account”), you hereby represent and warrant that (i) you are authorized to register on behalf of such entity (“Corporate Account Holder”) and (ii) you acknowledge and agree that you will be responsible for all individual users who access and/or use the Services through the Corporate Account. When setting up a Corporate Account, you will need to select a User ID for the Corporate Account Holder, and a User Password that is unique and entirely different from your individual User ID. You may share this User ID and User Password with individuals employed by the Corporate Account Holder solely for the purpose of authorized access to the Services. You agree that you will never divulge or share access to your User ID or User Password with any unauthorized person employed by the Corporate Account Holder or any third party outside of the Corporate Account Holder for any reason.
The Services are not available to minors under the age of 18 or to any users suspended or removed from the system by Log-Normal for any reason. If you do not qualify, you may not use the Services.
Log-Normal may provide you with specific URLs, known as “secret URLs” or “capabilities” that are intended solely for you to view and access. By viewing or accessing any such websites, you agree that you will not disclose or provide access to the URL to any third party for any reason. Log-Normal is not responsible for unauthorized access resulting from a user’s or user’s representatives’ unauthorized disclosure or distribution of such URLs.
In addition, you may not post, upload, or transmit to or otherwise make available through the Websites any content, communications, or other information (collectively, “Unauthorized Content”):
that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
that consists of any high volume, automated, or electronic means to access the Websites (including without limitation robots, spiders or scripts);
that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
that violates the rights of other users of the Websites; or
that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
All content or other material available on the Websites or through the Services, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML, and files, including any reports of the Services (collectively, the “Content”), are the property of Company and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Company logos, trademarks and service marks which may appear on the Websites (“Marks”), are the property of Company and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Websites, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Websites are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of the Company.
The Services may provide you with the ability to upload certain information and materials for use with the Websites or Services (“User Content”). For clarification, any data, materials, charts, graphs or any other illustrations of metrics recorded or compiled by Log-Normal pursuant to the services performed by Log-Normal will not be deemed User Content.
The Company does not claim ownership of any User Content you may submit or make available for inclusion on the Services. Accordingly, subject to the license granted to the Company below, User will be the sole and exclusive owner of any and all rights, title and interest (including without limitation all copyrights and renewals and extensions thereof) and trademark rights in and to the User Content.
With respect to User Content you submit or make available for inclusion on the Services, you grant the Company a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Services solely for the purposes of providing the specific portion of the Services to which such User Content was submitted or made available. The Company reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit the Company to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and the Company, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You expressly acknowledge and agree that your use of the Websites, the Services and all content and services available on the Websites is at your sole risk and responsibility. THE SERVICES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE WEBSITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OBTAINED THROUGH THE WEBSITES OR THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE WEBSITES WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE-HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT OF FEES RECEIVED BY THE COMPANY FROM THE COMPLAINING USER FOR THE USE OF THE WEBSITES OR SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT THE COMPANY WOULD NOT ENTER INTO THIS AGREEMENT OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
The Websites may contain links to pages on other web sites (“Linked Sites”), and those Linked Sites may offer products and/or services for sale. The Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites at any time for any reason or for no reason.
COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted by you WITH THIRD PARTIES through the linked sites nOR for ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
The Company reserves the right to withdraw, suspend or discontinue at any time and from time to time any Content, information, or services available on the Websites and any functionality or features in or on the Websites, including the cessation of all activities associated with the Websites, with or without notice. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Company respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest;
a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
The Company’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
444 Castro St., Fourth Floor, Mountain View, CA 94041 USA
Log-Normal makes no representation that the Websites operate (or is legally permitted to operate) in all geographic areas, or that the Websites, or information, services or products offered through the Websites are appropriate or available for use in other locations. Accessing the Websites from territories where the Websites, or any content or functionality of the Websites or portion thereof, is illegal is expressly prohibited. If you choose to access the Websites, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
The export and re-export of Log-Normal software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Log-Normal software products. In addition, Log-Normal software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Address: 444 Castro St., Fourth Floor, Mountain View, CA 94041, USA
The section titles herein are displayed for convenience only and have no legal effect.