GOLOG
TERMS & CONDITIONS
Last Revised: October, 10, 2016
THESE TERMS OF SERVICE (THE “TERMS”) APPLY TO YOUR USE OF THE GOLOG MOBILE APPLICATION AND THE WEBSITE LOCATED AT WWW.GOLOG.WEEBLY.COM.
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING GOLOG, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE GOLOG.
GoLog Service and Features.
GoLog is a mobile service application that passively tracks miles driven so as to make it easier to classify reimbursable and deductible business miles. GoLog has certain features, like daily notifications and monthly mileage summaries.
Privacy.
You agree that GoLog may collect and use technical data and information in connection with your use of GoLog (including, but not limited to, contact information and technical information about your device, system and GoLog software, and peripherals) that are gathered periodically to facilitate the features and functionality of GoLog and software updates, product support and other services. Please see our Privacy Policy. for more information about how GoLog collects, uses, stores and discloses information collected through GoLog. You also hereby consent to GoLog communicating with you about GoLog or in connection with the features, functions and activities contained in GoLog.
License.
Subject to the terms, conditions and limitations set forth in the Terms, GoLog grants you a nonexclusive, non-transferable and revocable license to use GoLog on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by GoLog that replace and/or supplement the original GoLog, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make GoLog available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense GoLog; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of GoLog, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in GoLog. If you violate any of the restrictions set forth in the Terms, your use of GoLog will immediately cease, and you will have infringed the copyright and other rights of GoLog, which may subject you to prosecution and damages. GoLog reserves all rights not expressly granted to you in the Terms.
Service Codes.
Service codes may allow you to receive a discount off GoLog or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to GoLog and cannot be combined with any other discounts, promotions or offers without GoLogs express consent. Redemption of service codes is subject to GoLogs approval and valid registration with GoLog. Service codes are not transferable except with GoLogs express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Registration Data & Account Information.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by the GoLog sign-up process (ii) maintain the security of your password and identification; (iii) maintain and promptly update the sign-up data, and any other information you provide to GoLog, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the sign-up data and any other information you provide to GoLog. You represent and warrant that all sign-up data is accurate, current and complete. You may update your information via GoLog or by contacting GoLog on www.golog.weebly.com.
GoLog is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use GoLog only with the approval of your parent or guardian.
Third-Party Sites and Services; Third-Party Materials.
GoLog may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). GoLog does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that GoLogs terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from GoLog.
Third-Party Interactions.
Your use of GoLog and your contact, interaction or dealings with any third-parties arising out of your use of GoLog is solely at your own risk. You acknowledge and agree that GoLog is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of GoLog.
User Content and Conduct.
You are solely responsible for all content you upload to or use with GoLog, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with GoLog must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at GoLogs discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that GoLog will not contain any content that is prohibited by such rules.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through GoLog any of the following:
GoLog reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on GoLog at any time and for any reason without notice. Any use of GoLog in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use GoLog.
Except for any feedback you provide with respect to GoLog, you retain ownership of the user content you post or upload on (or otherwise make available via) GoLog. However, if you post or upload user content on (or otherwise make available via) GoLog, you grant GoLog a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable operation of GoLog. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) GoLog or you otherwise have the right to make available such user content via GoLog and grant the rights granted in the Terms; and (ii) GoLogs use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Location Information.
GoLog collects location information and it will be used and disclosed as set forth in the Privacy Policy.
You acknowledge and agree that by accepting the Terms or using GoLog you affirmatively consent to collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to GoLogs collection, use, disclosure and storage of your location information at any time by contacting [email protected] and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, GoLog will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, GoLog will resume the collection of location information.
GoLog takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
GoLog is for your use and to collect your location information. You may not use GoLog to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
Ownership.
You agree not to use GoLog except in its intended manner in accordance with the terms and conditions of the Terms.
Modification of Terms.
GoLog reserves the right to change any of the terms and conditions, at any time. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by GoLog. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via GoLog (“Notice Period”). If you disagree with any changes, you may terminate your use of GoLog within the Notice Period. You should review the Terms on a regular basis and read the notices GoLog sends to you. Use of GoLog after the Notice Period will constitute your acceptance of the changes/modifications.
Termination.
The Terms are effective on the date that you first access or use GoLog continue for the length of your period of use. GoLog may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of GoLog and destroy or erase all copies of GoLog in your possession or control. Any use of GoLog after termination is unlicensed and is in violation of the copyright and other rights of GoLog.
Disclaimers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF GOLOG IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLOG DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, GOLOG, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GOLOG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. GOLOG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF GOLOG WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN GOLOG WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GOLOG OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Indemnification.
You agree, at your sole expense, to defend, indemnify and hold GoLog, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GOLOG BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MILEIQ, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GOLOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL GOLOGS TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Copyright Complaints. GoLog takes concerns seriously and if you believe that any content on GoLog infringes your copyright, may send us a notice requesting that the content be removed, or access to it blocked.
Email: [email protected]
Electronic Communications.
Notwithstanding any terms to the contrary in the Terms, GoLog may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your sign-up data; or (ii) posting messages that are displayed to you when you log into or access your account. GoLogs electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with GoLog, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Maintenance and Support.
GoLog is solely responsible for providing maintenance and support services.
Warranty.
You acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of GoLog. However, you understand and agree that in accordance with the Terms, GoLog has disclaimed all warranties of any kind with respect to GoLog and therefore, there are no warranties applicable to GoLog, except those implied by law.
Developer Name and Address.
Any end-user questions, complaints or claims with respect to GoLog should be directed to:
[email protected]
TERMS & CONDITIONS
Last Revised: October, 10, 2016
THESE TERMS OF SERVICE (THE “TERMS”) APPLY TO YOUR USE OF THE GOLOG MOBILE APPLICATION AND THE WEBSITE LOCATED AT WWW.GOLOG.WEEBLY.COM.
PLEASE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS CAREFULLY.
BY USING GOLOG, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THE TERMS; (II) YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THE TERMS, YOU MAY NOT ACCESS OR USE GOLOG.
GoLog Service and Features.
GoLog is a mobile service application that passively tracks miles driven so as to make it easier to classify reimbursable and deductible business miles. GoLog has certain features, like daily notifications and monthly mileage summaries.
Privacy.
You agree that GoLog may collect and use technical data and information in connection with your use of GoLog (including, but not limited to, contact information and technical information about your device, system and GoLog software, and peripherals) that are gathered periodically to facilitate the features and functionality of GoLog and software updates, product support and other services. Please see our Privacy Policy. for more information about how GoLog collects, uses, stores and discloses information collected through GoLog. You also hereby consent to GoLog communicating with you about GoLog or in connection with the features, functions and activities contained in GoLog.
License.
Subject to the terms, conditions and limitations set forth in the Terms, GoLog grants you a nonexclusive, non-transferable and revocable license to use GoLog on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by GoLog that replace and/or supplement the original GoLog, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Restrictions.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make GoLog available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense GoLog; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of GoLog, or any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in GoLog. If you violate any of the restrictions set forth in the Terms, your use of GoLog will immediately cease, and you will have infringed the copyright and other rights of GoLog, which may subject you to prosecution and damages. GoLog reserves all rights not expressly granted to you in the Terms.
Service Codes.
Service codes may allow you to receive a discount off GoLog or other benefits, depending on the type of service code. Service codes must be redeemed at the time you order a subscription to GoLog and cannot be combined with any other discounts, promotions or offers without GoLogs express consent. Redemption of service codes is subject to GoLogs approval and valid registration with GoLog. Service codes are not transferable except with GoLogs express consent. You are solely responsible for the payment of any taxes that you incur as a result of using any service code. Additional services code terms may apply.
Registration Data & Account Information.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by the GoLog sign-up process (ii) maintain the security of your password and identification; (iii) maintain and promptly update the sign-up data, and any other information you provide to GoLog, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the sign-up data and any other information you provide to GoLog. You represent and warrant that all sign-up data is accurate, current and complete. You may update your information via GoLog or by contacting GoLog on www.golog.weebly.com.
GoLog is intended solely for users who are 13 years of age or older. In addition, if you are under 18 years old, you may use GoLog only with the approval of your parent or guardian.
Third-Party Sites and Services; Third-Party Materials.
GoLog may provide links to third-party websites, applications, mobile services or other third-party services (“Third-Party Services”) and may also display, link to or otherwise make available third-party content, data, information, events, applications or materials (“Third-Party Materials”). GoLog does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials, including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website or application, you should be aware that GoLogs terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies, including, but not limited to, privacy and data gathering practices, of any third-party website or application to which you navigate from GoLog.
Third-Party Interactions.
Your use of GoLog and your contact, interaction or dealings with any third-parties arising out of your use of GoLog is solely at your own risk. You acknowledge and agree that GoLog is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of GoLog.
User Content and Conduct.
You are solely responsible for all content you upload to or use with GoLog, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with GoLog must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at GoLogs discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that GoLog will not contain any content that is prohibited by such rules.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through GoLog any of the following:
- User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; or
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on GoLog.
- Use GoLog for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Mobile Data Labs;
- Modify, adapt or hack GoLog;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect GoLog; and
- Infringe upon or violate the rights of GoLog.
GoLog reserves the right, and has absolute discretion, to remove, screen or edit any user content posted or uploaded on GoLog at any time and for any reason without notice. Any use of GoLog in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use GoLog.
Except for any feedback you provide with respect to GoLog, you retain ownership of the user content you post or upload on (or otherwise make available via) GoLog. However, if you post or upload user content on (or otherwise make available via) GoLog, you grant GoLog a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, and distribute such user content solely to enable operation of GoLog. You represent and warrant that: (i) you own and control all of the rights to the user content that you post or upload on (or otherwise make available via) GoLog or you otherwise have the right to make available such user content via GoLog and grant the rights granted in the Terms; and (ii) GoLogs use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
Location Information.
GoLog collects location information and it will be used and disclosed as set forth in the Privacy Policy.
You acknowledge and agree that by accepting the Terms or using GoLog you affirmatively consent to collection, use, disclosure and storage of your location information.
You may revoke your consent with respect to GoLogs collection, use, disclosure and storage of your location information at any time by contacting [email protected] and deleting the app from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, GoLog will continue to collect this location information.
If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, GoLog will resume the collection of location information.
GoLog takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
GoLog is for your use and to collect your location information. You may not use GoLog to collect another individual's location information. If you violate any of this restriction or any other restriction, you will have breached the Terms, which may subject you to prosecution and damages.
Ownership.
You agree not to use GoLog except in its intended manner in accordance with the terms and conditions of the Terms.
Modification of Terms.
GoLog reserves the right to change any of the terms and conditions, at any time. Additionally, notice may be provided by sending an email, by posting the revised Terms on the Site or by such other form of notice as determined by GoLog. Changes will only become effective at the end of the 30 day period commencing upon the posting of the changes via GoLog (“Notice Period”). If you disagree with any changes, you may terminate your use of GoLog within the Notice Period. You should review the Terms on a regular basis and read the notices GoLog sends to you. Use of GoLog after the Notice Period will constitute your acceptance of the changes/modifications.
Termination.
The Terms are effective on the date that you first access or use GoLog continue for the length of your period of use. GoLog may terminate these Terms if you breach any of the terms and conditions of these Terms. In the event of any termination of the Terms: (i) all licenses granted under the Terms will immediately terminate; and (ii) you must immediately cease all use of GoLog and destroy or erase all copies of GoLog in your possession or control. Any use of GoLog after termination is unlicensed and is in violation of the copyright and other rights of GoLog.
Disclaimers.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF GOLOG IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLOG DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, GOLOG, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GOLOG KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. GOLOG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF GOLOG WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN GOLOG WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GOLOG OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
Indemnification.
You agree, at your sole expense, to defend, indemnify and hold GoLog, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GOLOG BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO MILEIQ, RELATED PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GOLOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL GOLOGS TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEE FOR THE SERVICE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Copyright Complaints. GoLog takes concerns seriously and if you believe that any content on GoLog infringes your copyright, may send us a notice requesting that the content be removed, or access to it blocked.
Email: [email protected]
Electronic Communications.
Notwithstanding any terms to the contrary in the Terms, GoLog may choose to electronically deliver all communications with you, which may include: (i) email to your email address listed in your sign-up data; or (ii) posting messages that are displayed to you when you log into or access your account. GoLogs electronic communications to you may transmit or convey information about action taken as a result of your request, portions of your requests that may be incomplete or require additional explanation, any notices required under applicable Law and any other notices. You agree to do business electronically with GoLog, and to receive, electronically, all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Maintenance and Support.
GoLog is solely responsible for providing maintenance and support services.
Warranty.
You acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of GoLog. However, you understand and agree that in accordance with the Terms, GoLog has disclaimed all warranties of any kind with respect to GoLog and therefore, there are no warranties applicable to GoLog, except those implied by law.
Developer Name and Address.
Any end-user questions, complaints or claims with respect to GoLog should be directed to:
[email protected]
©GoLog 2016
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