Acceptance of Terms
Please read the following Terms and Conditions for using the HandyLogs, LLC's (HandyLogs) Web sites (the .Web site.). By using the Web site and the information and services available through the Web site, you agree to follow and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Web site.
HandyLogs owns the Web site and reserves the right, at its discretion, to modify these Terms and Conditions at any time and any such modification will be effective immediately upon posting the modification. You should check these Terms and Conditions periodically for modifications. If you use the Web site after we post modifications to the Web site, then you will be bound by such modifications.
These Terms are in addition to any other agreements between you and HandyLogs, including any customer or account agreements and any other agreements that govern your use of products, services, content, tools and information available on the Web site.
License and Web site Access
HandyLogs hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Web site and the documents, graphics and media incorporated on those pages. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access this Web site. The pages within this Web site may be used solely for personal, informational and noncommercial purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transferor sell any pages, data, information, software, products or services obtained from this Web site, unless you have obtained the prior written permission of HandyLogs or you are using a service available through this Web site. HandyLogs reserves all rights not expressly granted herein; HandyLogs expressly reserves the right to monitor any and all use of this Web site.
Unless you have obtained HandyLogs's prior written permission, you and any other users and Web sites, may not:
- Copy, modify or display HandyLogs's name, logo, trademarks, text or graphic images in any way, except as set forth herein.
- Redeliver any of the pages, text, images or content of this Web site using .framing. technology;
- Modify or use the pages, text, images or content from this Web site for any other purpose.doing so is a violation of HandyLogs's copyrights and other proprietary rights;
- Use devices (including software) that are designed to provide repeated automated access to this Web site, other than those made generally available by HandyLogs or probe, scan or test the vulnerability of any system or network related in any way to this Web site, without proper authorization. HandyLogs reserves the right to take all measures necessary to prevent such access, probing, scanning or testing, including denial or termination of service; and
- Include .HandyLogs,. any HandyLogs trademark, any HandyLogs executive's name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or Web site and HandyLogs.
Downloading Software and Files
If you download software or files from the Web site under these Terms and Conditions, the software.including any files or images incorporated in or generated by the software and data accompanying the software.and files (collectively, the .Files.) are licensed to you by HandyLogs solely for your personal, noncommercial use. However:
- HandyLogs does not transfer title to the Files to you;
- You own the medium on which the Files are recorded, but HandyLogs and its licensors retain full and complete title in and to the Files, including all intellectual property rights therein;
- You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Files to any other form whatsoever; and
- Software from this Web site is subject to U.S. export controls. li>
Communications through the Web site may involve the electronic transmission, to any e-mail address you provided to us, of information that you may consider to be personal information and you agree and consent to such transmission of such information.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Web site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
Requirements for Hyperlinking to the Web Site
You may not hyperlink to this Web site unless you accept and comply with the following Hyperlinking requirements. You are granted a limited, revocable, nonexclusive right to create a hyperlink to this Web site provided you comply at all times with all of the following conditions:
- The hyperlink must resolve to HandyLogs's portal page at www.HandyLogs.com.
- The text of the hyperlink on the linking Web site must include the terms .HandyLogs,. or .HandyLogs.com,. or .www.HandyLogs.com. (you may not use any HandyLogs logo or other proprietary graphic, including but not limited to banner advertisements, as part of the hyperlink without the prior written permission of HandyLogs);
- The hyperlink and surrounding context on the linking Web site must not falsely represent or suggest any relationship between the linking Web site and HandyLogs (including suggestions of affiliation, endorsement or sponsorship);
- The hyperlink and surrounding context on the linking Web site must not portray HandyLogs or its products or services in a false, misleading, derogatory or otherwise offensive manner;
- The hyperlink must deliver HandyLogs content outside of a framed environment and must maintain the integrity of the layout, content and look and feel of this Web site; and
- The hyperlink must deliver users directly to this Web site unaltered, unmodified and unadulterated in any way by the hyperlinking Web site.
Notwithstanding the foregoing, in no event may you maintain numerous or pervasive links to this Web site without the prior written permission of HandyLogs.
Termination, Suspension or Modification
The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions. HandyLogs reserves the right to terminate, suspend or modify your access to the Web site at any time, without notice, for any reason whatsoever. You agree that HandyLogs shall not be liable to you or any third party for any termination of your access to this Web site.
Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE Web site IS PROVIDED ON AN .AS IS. AND .AS AVAILABLE. BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, HandyLogs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE Web site AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE Web site, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HandyLogs MAKES NO WARRANTY THAT:
1. THE Web site WILL MEET YOUR REQUIREMENTS;
2. THE Web site WILL BE UNINTERRUPTED, TIMELY, SECURE or FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS or OTHER HARMFUL COMPONENTS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Web site WILL BE ACCURATE OR RELIABLE;
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION or OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Web site WILL MEET YOUR EXPECTATIONS;
5. ANY ERRORS ON THE Web site WILL BE CORRECTED; AND
6. THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE Web site ARE CORRECT, ACCURATE or RELIABLE. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Web site IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
YOU AGREE THAT HandyLogs OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE Web site SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE or OTHER OCCURRENCES BEYOND THE CONTROL OF HandyLogs OR SUCH THIRD PARTIES.
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM HandyLogs, FROM A HandyLogs EMPLOYEE OR AGENT or THROUGH OR FROM THE Web site, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. HandyLogs WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL or EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA or OTHER INTANGIBLE LOSSES (EVEN IF HandyLogs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. THE USE OF OR THE INABILITY TO USE THE Web site;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION or SERVICES PURCHASED OR OBTAINED or MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH or FROM THE Web site;
3. ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS or DATA DUE TO YOUR CONDUCT, INACTION or NEGLIGENCE;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Web site; OR
5. ANY OTHER MATTER RELATING TO THE Web site.
You agree to indemnify, defend and hold harmless HandyLogs, its affiliates and officers, directors, employees and agents of HandyLogs and its affiliates, from and against any and all claims, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or in any way connected with your access to or use of this Web site.
Integration and Severability
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between HandyLogs and the user relating to the subject matter herein, except HandyLogs's relationship with its customers is governed by the HandyLogs account agreements.
Applicable Law and Venue
Unless otherwise specified, HandyLogs controls and operates this Web site from our offices within the State of Missouri, United States of America. HandyLogs does not claim that materials in this Web site are appropriate or available for use in locations other than the United States. If you choose to access this Web site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By visiting this Web site, you agree that the laws of the State of Missouri, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and HandyLogs or its affiliates. If you take legal action relating to these Terms and Conditions, you agree to file such action only in the Twenty-First Judicial Circuit of the State of Missouri (also known as the Circuit Court of St. Louis County) or the United States District Court for the Eastern District of Missouri and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.